(1) An applicant for initial licensure must submit all information and documentation required by statute and rule.

(2) An application that does not contain all required information and documentation is incomplete. Upon receipt of an incomplete application from a newly applying PEO, the department will notify the applicant in writing that the PEO has 90 days from the date that the original application was received to submit a completed application.

(a) If a complete application is not received within the 90-day deadline, the application will be denied.

(b) An extension of the application process may be requested in writing by a controlling person and will be evaluated on a case-by-case basis.

(1) A provisional license may be granted to applicants for initial licensure as set forth in this rule.  A provisional license may be in effect solely during the period from granting until a decision to grant or deny a license is made. 

(2) A provisional license may be granted only if: 

(a) the department determines it is in the best interest of potentially affected clients and employees; and

(b)  the initial application is pending and contains proof that, at minimum:

(i) the requirements of 39-8-207(1), (2), (4), and (6), MCA are met; or

(ii) the applicant is licensed as a PEO in another state.

(1) Except as set forth in (2), a complete renewal application must be submitted to the department at least 30 days prior to the license expiration. 

(2) A renewal application submitted less than 30 days prior to license expiration must be accompanied by a request for extension.  An incomplete renewal application submitted less than 30 days prior to license expiration is subject to summary denial. 

(3) Request for extension will be considered on a case-by-case basis and will be granted in the department's sole discretion.  At minimum, the request must contain:

(a) the specific length of extension sought; and

(b) the reason extension is necessary, including circumstances outside the requestor's control.

(1) The PEO may appeal the suspension, revocation, or nonrenewal by submitting a written request within 30 days of receiving the notice of suspension, revocation, or denial. The appeal must be submitted to [email protected].

(2) When the suspension or revocation of a provisional or regular license is appealed, the department may order an immediate cessation of operations if:

(a) the PEO does not maintain a valid workers' compensation policy; or

(b) other circumstances determined by the department warrant immediate cessation of operations.

(1) PEOs must meet all recordkeeping and reporting obligations applicable to all other employers pursuant to the Unemployment Insurance Law. 

(2) Concurrent with the report required by ARM 24.11.2711, PEOs must submit quarterly to unemployment insurance a report detailing: 

(a) for each client:

(i) client name; and

(ii) client federal employer identification number;

(b) for each leased employee:

(i) name;

(ii) social security number; and

(iii) for each client for which the leased employee worked, the wages paid.

(3) Failure to submit filings pursuant to this rule may subject a PEO license to suspension, revocation, or refusal to renew.