39-8-206. License suspension, revocation, or nonrenewal. (1) In addition to the penalty provided in 39-8-302, the department may suspend for up to 1 year, may permanently revoke, or may refuse to renew a license issued under this chapter if, after notice to the licensee of the charges and after a hearing, the department finds that any of the following exists:
     (a) a cause for which issuance of the license could have been refused had it been known to the department at the time of issuance;
     (b) a violation of an order of the department or noncompliance with any provision of this chapter;
     (c) procurement of or attempting to procure a license through misrepresentation or fraud;
     (d) failure to provide a written response to a written inquiry from the department or its agent within 30 days after receiving an inquiry; or
     (e) failure to meet or maintain any other requirement of this chapter.
     (2) If a license is suspended, revoked, or not renewed, the department shall:
     (a) immediately notify by certified mail the licensee and the licensee's workers' compensation carrier; and
     (b) require the licensee to:
     (i) notify each client by certified mail, return receipt requested, of the suspension, revocation, or nonrenewal using language furnished by the department;
     (ii) notify each client in writing that the client shares joint and several liability, retroactive to the date of the client's entering into a contract with the licensee, for any wages, workers' compensation premiums, payroll-related taxes, and any benefits left unpaid by the professional employer organization or group; and
     (iii) provide the department with evidence of client notification.
     (3) Upon notification, the licensee may appeal the decision of the department pursuant to the procedure provided in 39-8-203.

     History: En. Sec. 8, Ch. 344, L. 1995.