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25-14-8
Section 25-14-8 Violations; penalties. (a)(1) Upon a finding that a registrant has violated
a provision of Section 25-14-6 or 25-14-7, the secretary may: a. Impose an administrative
fine not to exceed one thousand dollars ($1,000) for every count or separate offense. b. Impose
upon the registrant the cost of investigation and prosecution, including reasonable attorney
fees. c. Refuse to register or renew the registration of an offending professional employer
organization. (2) The secretary may make, or cause to be made, investigations, audits, or
reviews within or without the state as the secretary deems necessary to determine whether
a person has violated or is in danger of violating this chapter, including any regulation
or rule to aid in the enforcement of this chapter, including any regulation or rule promulgated
pursuant to this chapter. (3) All civil penalties collected under this chapter shall be deposited
in the Professional Employer Organization Registration Administrative...
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25-14-9
Section 25-14-9 Written contract; rights and duties of clients; employees, and professional
employer organizations. (a) All professional employer organization arrangements shall have
a written contract between the client and the professional employer organization recognizing
the rights, responsibilities, and duties of each party. The contract shall disclose to the
client the services to be rendered by the professional employer organization, including the
total administrative fees charged for professional employer organization services, the respective
rights and obligations of the parties, and shall provide the following: (1) The professional
employer organization reserves a right of direction and control over contract employees and
exercises that right in the context of the need to do so according to the terms and conditions
of the professional employment agreement. The client, however, as an employer, may retain
sufficient direction and control over covered employees necessary to...
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25-14-5
Section 25-14-5 Registration requirements; limited registration; reciprocity; fees. (a)(1)
A person may not provide, advertise, or otherwise hold itself out as providing professional
employer services in this state unless the person is registered under this chapter to operate
a professional employer organization. (2) Each person desiring to operate as a professional
employer organization shall file with the secretary a completed registration form to include
the following information: a. The name or names under which the professional employer organization
conducts business. b. The address of the principal place of business of the professional employer
organization and the address of each office it maintains in this state. c. The professional
employer organization's taxpayer or employer identification number. d. A list by jurisdiction
of each name under which the professional employer organization has operated in the preceding
five years, including any alternative names, names of...
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25-14-3
Section 25-14-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADMINISTRATIVE FEE. The fee charged to a client by a professional employer organization
for professional employer services. The term does not include any amount of a fee by the professional
employer organization that is for wages and salaries, benefits, workers' compensation, payroll
taxes, withholding, or other assessments paid by the professional employer organization to
or on behalf of covered employees under the professional employer agreement. (2) CLIENT. A
person or entity that enters into a professional employer agreement with a professional employer
organization, including a worksite employer. (3) CONTROLLING PERSON. Any of the following:
a. An officer or director of a corporation operating as a professional employer organization,
a shareholder holding 25 percent or more of the voting stock of a corporation operating as
a professional employer organization, or a...
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25-14-7
Section 25-14-7 Grounds for disciplinary action. The following acts constitute grounds for
which disciplinary action against a registrant or controlling person may be taken by the secretary:
(1) Being convicted of or entering a guilty plea or a plea of nolo contendere to, any of the
following: a. A crime in any jurisdiction which relates to the operation of a professional
employer organization or the ability to engage in business as a professional employer organization.
b. Fraud, deceit, or misconduct in the classification of employees and reporting of employee
wages under the workers' compensation laws of this state. c. Fraud, deceit, or misconduct
in the establishment of or maintenance of workers' compensation coverage, regardless of whether
self-insured or otherwise. d. Fraud, deceit, or misconduct in the operation of a professional
employer organization. (2) Failing to maintain evidence of the workers' compensation insurance
coverage required in accordance with this chapter. (3)...
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13A-9-71
Section 13A-9-71 Registration of charitable organizations, professional fund raisers, and commercial
co-venturers, and professional solicitors; notification of changes; exempt persons; annual
report; prohibition against fund raising by unregistered person; contracts between professional
fund raisers and commercial co-venturers; appointment of Secretary of State as agent for service
of process; use of name of charitable organization without consent; disclosure by solicitors;
violations and penalties; injunctive relief. (a) Every charitable organization, except those
granted an exemption in subsection (f), which is physically located in this state, intends
to solicit contributions in or from this state, or to have contributions solicited in this
state, on its behalf, by other charitable organizations, paid solicitors, or commercial co-venturers
in or from this state shall, prior to any solicitation, file a registration statement with
the Attorney General upon a form prescribed by the...
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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing. (a)
Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17), 25-8-36,
25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand dollars
($1,000) to five thousand dollars ($5,000) upon the following...
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25-4-145
Section 25-4-145 Penalties; limitation of actions; collection of overpayments; waiver of overpayments.
(a) Penalties. (1) Whoever willfully makes a false statement or representation or who willfully
fails to disclose a material fact to obtain or increase any benefit or payment under this
chapter, or under an unemployment insurance law of any other state or government, either for
himself or herself or for any other person, whether such benefit or payment is actually received
or not, shall be guilty of an offense as follows and each such false statement or representation
shall constitute a separate and distinct offense: a. If the aggregate amount involved in the
offense exceeds two thousand five hundred dollars ($2,500) in value, that shall constitute
a Class B felony. b. If the aggregate amount involved in the offense exceeds five hundred
dollars ($500) but does not exceed two thousand five hundred dollars ($2,500), that shall
constitute a Class C felony. c. If the aggregate amount...
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34-8A-16
Section 34-8A-16 Disciplinary actions; discovery. (a) The board by a majority of the board
members present and voting is authorized to withhold, deny, revoke, or suspend, any license
or certificate issued or applied for in accordance with this chapter or otherwise discipline
a licensed professional counselor or associate licensed counselor upon proof by proper hearing
that the applicant, licensed professional counselor, or associate licensed counselor: (1)
Has been convicted, within or without the jurisdiction of this state, of a felony, or any
offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
(2) Has violated the current code of ethics adopted by the board. (3) Is using any narcotic
or any alcoholic beverage to an extent or in a manner dangerous to any other person or the
public, or to an extent that it impairs his or her ability to perform the work of a licensed
professional counselor or associate licensed counselor with safety to the...
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34-12-12
Section 34-12-12 Violations and penalties. (a) Any person who shall practice or offer to practice
the profession of forestry in this state without being registered or exempted in accordance
with this chapter; or any person who shall use in connection with his or her name or otherwise
assume, use, or advertise any title or description tending to convey the impression that he
or she is a registered forester, without being registered or exempted in accordance with this
chapter; or any person who shall present or attempt to use as his or her own the license of
another; or any person who shall give any false or forged evidence of any kind to the board
or any member thereof in obtaining a license; or any person who shall attempt to use an expired
or revoked license; or any person, firm, partnership, or corporation who shall violate any
of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than five hundred dollars ($500) nor...
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