Section 202.22. Registration requirements.

 

(1)   Registration required; use of titles.

(a) No person may operate as a professional employer organization or professional employer group, advertise that the person is a professional employer organization or professional employer group, or otherwise hold itself out as a professional employer organization or professional employer group unless the person first registers with the department as provided in this section.

(b) No person may designate as the person's title, or append to the person's name the words or letters, “professional employer organization," “P.E.O.," “professional employer group," “P.E.G.," “staff leasing company," “registered staff leasing company," “employee leasing company," or “administrative employer," or other similar titles or letters, or use those titles, words, or letters to describe the person's business or represent that the person or the person's business is registered or licensed as a “professional employer organization," “P.E.O.," “professional employer group," “P.E.G.," “staff leasing company," “registered staff leasing company," “employee leasing company," or “administrative employer," unless the person is registered under this section.

(2)   Application for registration. Except as provided in sub. (7) (b) , an applicant for registration under this section shall submit to the department an application for registration in a form and manner prescribed by the department. Each application shall be accompanied by any information required by the department, including all of the following:

(am) The registration fee determined by the department under s. 202.041 .

(f)

1. Except as provided under subd. 2. , a financial statement that sets forth the financial condition of the applicant as of a date that is not more than 13 months preceding the date of the application, that is prepared in accordance with generally accepted accounting principles, and that has been audited by an independent certified public accountant. The financial statement shall be without qualification as to the going concern status of the applicant. A professional employer group may meet the requirements of this subdivision by submitting a combined or consolidated audited financial statement. An applicant that does not have sufficient operating history to have an audited financial statement that is based on at least 12 months of operating history may meet the requirements of this subdivision by submitting financial statements that have been reviewed by an independent certified public accountant.

2. Subdivision 1. does not apply to a professional employer organization or professional employer group applying for registration under sub. (5) .

(3)   Registration expiration. All professional employer organization and professional employer group registrations expire on July 31 of each year.

(4)   Updated financial statement.

(a) Except as provided in par. (b) and sub. (7) (b) , a registrant shall submit with each renewal application a financial statement, as specified in sub. (2) (f) 1. , updated to reflect the current financial condition of the registrant.

(b) A registrant whose fiscal year end is March 31, April 30, or May 31 may apply to the department for an extension until August 31, September 30, or October 31, respectively, to submit the updated financial statement required under par. (a) . This application shall be accompanied by any information or documentation required by the department, and may be denied by the department.

(5)   Small operations registration.

(a) Except as provided in sub. (7) (b) , a professional employer organization or professional employer group that is domiciled outside this state, that is registered or licensed as a professional employer organization or professional employer group in another state, that does not maintain an office in this state or directly solicit clients that are located or domiciled in this state, and that has no more than 50 employees performing services for clients in this state on any given day may apply for small operations registration under this section by submitting to the department an application for small operations registration in a form and manner prescribed by the department and paying the initial registration fee determined by the department under s. 202.041 . An applicant that is seeking small operations registration shall, in addition to the information required under sub. (2) , provide the department with information and documentation showing that the applicant meets the qualifications specified in this paragraph for small operations registration.

(d) Except as provided in sub. (7) (b) , a professional employer organization or professional employer group registered under this subsection that wishes to renew its small operations registration shall, in addition to complying with sub. (2) , provide the department with information and documentation showing that the professional employer organization or professional employer group continues to meet the qualifications specified in par. (a) for small operations registration.

(e) A professional employer organization or professional employer group registered under this subsection is not required to comply with the financial capability requirement under s. 202.23 .

(6)   Professional employer group registration. Except as provided in sub. (7) (b) , 2 or more professional employer organizations that are part of a professional employer group may register under this section or renew a registration by providing the information required under subs. (2) and (4) (a) or sub. (5) on a combined or consolidated basis, paying the initial registration or renewal fee determined by the department under s. 202.041 , and guaranteeing each other's obligations. If a professional employer group provides a combined or consolidated financial statement under sub. (2) (f) 1. that includes the financial condition of entities that are not part of the professional employer group, the controlling person shall guarantee the obligations of the professional employer organizations in the professional employer group.

(7)   Alternative registration.

(b) The department may allow the registration of a professional employer organization or professional employer group without compliance with sub. (2) , (4) , (5) , or (6) , s. 202.23 , or rules promulgated under s. 202.07 (4m) or 202.26 on acceptance by the department of assurance, provided by a bonded, independent, and qualified assurance organization that has been approved by the department, satisfactory to the department that the professional employer organization or professional employer group is qualified to operate as a professional employer organization or a professional employer group in this state.

(c) This subsection does not limit the authority of the department to require a professional employer organization or professional employer group to register as provided in sub. (2) , (4) , (5) , or (6) , to maintain proof of financial capability as required under s. 202.23 , or to comply with this chapter and the rules promulgated under s. 202.07 (4m) or 202.26 ; to investigate an applicant or registrant and deny registration or renewal registration under s. 202.021 , or to investigate an applicant, registrant. or controlling person and take disciplinary action under s. 202.06 .

(9)   List of registrants; confidentiality.

(am) The department shall maintain and periodically update a list of all professional employer organizations and professional employer groups registered under this section, and shall make the list available upon request. The list shall include the address of each registrant.

(bm) Except as provided in par. (am) , all records maintained by the department that contain any information obtained from an applicant or registrant are confidential and not open to public inspection or copying under s. 19.35 (1) unless one of the following applies:

1. Disclosure of the record is necessary for the administration of this section.

2. A court of competent jurisdiction in this state orders the department to release the record.

3. The requester is the department of children and families or a county child support agency under s. 59.53 (5) , the request is made under s. 49.22 (2m) , and the request is limited to the name, home address, and business address of the applicant, registrant, or controlling person who is the subject of the request and any financial information about the applicant, registrant, or controlling person contained in the record.

4. The department of revenue requests the record for the purpose of locating a person, or the assets of a person, who has failed to file tax returns, who has underreported taxable income, or who is a delinquent taxpayer; identifying fraudulent tax returns; or providing information for tax-related prosecutions.

2007 a. 189 ; 2009 a. 29 , 174 , 180 ; 2013 a. 20 ss. 2234 to 2236 , 2238 to 2240 , 2243 to 2248 ; Stats. 2013 s. 202.22; 2015 a. 163 .