Use of Assurance Organization by Applicant

PURPOSE: This rule sets forth the process for an applicant to use a secretary-approved assurance organization. (1) The secretary shall accept an approved assurance organization’s written certification as evidence that an applicant has met, and continues to meet, the criteria and obligations set forth in the Act and rules. The secretary retains the right to independently verify any information or certification provided by the assurance organization, including the ability to verify information contained in the assurance organization’s regulatory portal that applicant has authorized assurance organization to share with the secretary. (2) For an applicant using an assurance organization, satisfactory assurance of compliance and the secretary’s continuous electronic access to information regarding applicant will satisfy the application requirements of section 285.715, RSMo. Additionally, renewal requirements under section 285.715, RSMo, will be waived provided that the appropriate renewal fee is paid prior to the due date. (3) An approved assurance organization shall notify the secretary in writing no later than ten (10) days after it has made a determination that an applicant or registered professional employer organization (PEO) it represents is— (A) Not in compliance with its obligations under the Act; (B) In violation of assurance organization’s standards; or (C) No longer accredited by assurance organization. (4) In the event that a registered PEO loses its accreditation with an assurance organization, the secretary reserves the right to immediately suspend the license of the PEO and require the registered PEO to submit relevant documents and information directly to the secretary in order to comply with the application requirements of the Act. Failure to timely do so will result in the secretary taking appropriate disciplinary action against the PEO. 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.