Approval of Assurance Organizations

PURPOSE: This rule addresses how an assurance organization may be approved to submit applications and renewals on behalf of their members. (1) An applicant or registered professional employer organization (PEO) may enter into an agreement with an assurance organization approved by the secretary to act on its behalf in accomplishing the provisions of the Professional Employer Organization Act or these rules. (2) The approval of an assurance organization by the secretary, to act on behalf of an applicant or registered PEO, does not relieve the applicant or registered PEO from the ultimate responsibility to comply with its obligations pursuant to the Act or these rules. (3) An assurance organization desiring to become approved by the secretary shall submit to the secretary— (A) A letter requesting approval; (B) Evidence that the assurance organization is qualified to perform the functions on behalf of the applicant or registered PEO; and (C) An explanation of how the assurance organization will certify each of the criteria and obligations required of the applicant or registered PEO by the Act or rule. (4) An assurance organization’s approval by the secretary shall remain in effect until such time the secretary, after written notice, terminates the approval, or until such time the assurance organization, by written notice, withdraws or terminates its status as an approved assurance organization. (5) An assurance organization that has been approved by the secretary shall notify the secretary annually, in writing, on the anniversary of its approval date, of any material change in the assurance organization’s national accreditation and financial assurances during the previous year. (6) The secretary shall make available to the public a current list of approved assurance organizations, upon request. (7) The secretary shall notify the assurance organization, in writing, if the secretary becomes aware of any information that indicates that the assurance organization is failing to adequately monitor or provide compliance assistance as intended by the Act. (8) The assurance organization shall respond to the secretary within thirty (30) days of its receipt of such notification of deficiency. The secretary may terminate an assurance organization’s approval based on a finding that the assurance organization is no longer in compliance. AUTHORITY: section 285.715, RSMo Supp. 2018.* Emergency rule filed Nov. 30, 2018, effective Dec. 10, 2018, expired June 7, 2019. Original rule filed Nov. 30, 2018, effective May 30, 2019. *Original authority: 285.715, RSMo 2018.