Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
030 - BUREAU OF CONSUMER CREDIT PROTECTION
Chapter 702 - ESTABLISHMENT OF REGISTRATION AND RENEWAL FEES AND APPLICATION REQUIREMENTS FOR MAINE'S EMPLOYEE LEASING COMPANY REGISTRATION AND REQUIREMENT FOR REGISTRATION THROUGH THE NATIONWIDE MULTI-STATE LICENSING SYSTEM (NMLS)
Section 030-702-IV - GENERAL PROVISIONS

Universal Citation: 02 ME Code Rules § 030-702-IV

Current through 2024-38, September 18, 2024

1. Administrative authority granted to NMLS. To effectuate the transition of all employee leasing company registrations to NMLS, NMLS is authorized to collect fees and remit those fees to the Bureau, collect fees for its processing costs, process and maintain registration records, and require use of NMLS uniform electronic and paper forms.

2. Registration periods. Registrations for employee leasing companies are granted for a 1-year period commencing January 1st and expiring on December 31st.

3. For employee leasing companies that hold a valid Maine registration for 2023

a. Transitional period. The period from November 1, 2023 through December 31, 2023 is considered a transitional period, during which all registered employee leasing companies will have the obligation to transition from the State of Maine's registration system and must obtain registrations through NMLS.

b. One-month late transitional period. All renewal applications to transition existing registrations to NMLS received between January 1, 2024 and January 31, 2024 will be processed, but applicants will be assessed a late fee of $100.

c. Deadline. Renewal applications transitioning to NMLS will not be accepted after January 31, 2024. All applications received after that date will be considered new applications.

d. NMLS processing fees. At the time existing registrants apply to NMLS for a renewal registration, they must pay NMLS processing fee directly to the NMLS.

e. State of Maine renewal registration application fees. The fee to renew an employee leasing company registration is set at $200.00.

4. For applicants that do not hold a valid Maine employee leasing company registration as of the effective date of this rule ("new applicants")

a. NMLS processing fees. Applicants that submit applications after the effective date of this rule but before November 1, 2023 will file with and pay fees directly to the Bureau on forms required by the Administrator. Applicants filing after November 1, 2023 will file application with NMLS and pay NMLS processing fee to NMLS in addition to registration application fees.

b. Terms of registrations. New registrations issued November 1 or later each year shall be valid through December 31 of the following year. Registrations made before November 1 will expire on December 31 of the year in which made.

c. State of Maine new registration application fees. The fee assessed to new applicants (as well as existing registrations that apply to transition to the NMLS after January 31, 2024) is $500.00.

5. New registrations and renewal registrations issued following completion of the transition to NMLS

a. NMLS to determine registration and renewal procedures. New registrations and renewal registrations issued after November1, 2022 shall be processed pursuant to procedures established by the NMLS.

b. NMLS to determine time periods for registration validity. New registrations and renewal registrations issued after November 1, 2022 shall be valid for the time periods established by the NMLS.

c. Payment of fees. Application, renewal and processing fees will be paid directly to the NMLS.

d. Late renewal for other than application for initial transition to NMLS. For any renewal application other than the initial application for an entity to transition its existing registration to NMLS, renewal applications received after December 31 of any year will be considered late. The status of such registrations will be changed to "terminated - failed to renew" or an equivalent status. Such registrations may be reinstated if a renewal application is received between January 1 and the end of February, together with all renewal fees and a late fee of $100. Beginning March 1 of any year, renewal requests will not be processed and companies that failed to submit a renewal request must apply for a new registration.

6. Application Requirements. Applicants for new or renewal registrations shall provide the following information and documentation. A separate registration is required for each location from which business is conducted.

a. Full legal name and address of the individual or entity to be registered.

b. The address of the principal place of business of the employee leasing company and the address of each office it maintains in this State;

c. Telephone number and website address.

d. Type of entity: sole proprietorship, partnership, corporation, LLC, LLP, other (explain, if "other").

e. Social Security number or Federal Tax Identification Number or Employer Identification Number as applicable.

f. Any assumed or fictitious names to be used.

g. All other states in which applicant has operated in the past 5 years (for new applicants) or 1 year (for renewals), including any alternative names, predecessors, and, if known, successor firms to or of registrant in each state,

h. For foreign entities, proof of filing with and authority to do business as a foreign entity from the Maine Secretary of State.

i. For foreign entities, the name address and telephone number of an authorized agent within the state of Maine for service of process.

j. Resumes of:

i. A sole proprietor;

ii. The executive officers of a corporate applicant;

iii. The manager of an LLC or LLP;

iv. All partners of a partnership; and

v. The person who will oversee the daily operations of the registered office and its personnel.

k. A Consumer Report and criminal background report for each of the individuals listed in 6(j).

l. If any owner, partner, executive officer, manager, or holder of 5% or more interest in the applicant has been the subject of an administrative denial or revocation of licensure or registration, been involved in material civil litigation or been involved in a criminal action involving theft, forgery, false representation, misapplication of funds or other financial issue within the past 10 years, for each such instance, provide the title of the action, jurisdiction, date of disposition, and a detailed explanation of the individual's or entity's involvement.

m. The names, titles, addresses, telephone numbers and e-mail addresses of the persons to contact for scheduling of compliance examinations and for consumer complaint resolution.

n. Whether the applicant has been the subject of a civil, administrative, or criminal action involving theft, forgery, false representation, misapplication of funds or other financial issue within the past 10 years. If so, for each such instance, provide the title of the action, jurisdiction, date of disposition, and a detailed explanation of the applicant's involvement.

o. A list of all individuals and entities, that own a 5% or greater interest in the employee leasing company at the time of application and a list of persons who formerly owned a 5% or greater interest in the employee leasing company or its predecessors in the preceding 5 years. Include those individuals' and entities' names, addresses, telephone numbers, and e-mail addresses p. List of all workers' compensation insurance policies issued to the registrant, including:

i. Name, address, and Maine license number of the workers' compensation insurer.

ii. Copy of the current workers' compensation certificate of liability.

iii. Name, address, and Maine license number of the producer handling the sale of workers' compensation coverage.

iv. Name, address, and Maine license number of the agency handling the sale of workers' compensation coverage.

v. A list of the cancellations or non-renewals of workers' compensation insurance issued to the employee leasing company or its predecessors in the preceding 5 years. The list must include the policy or certificate numbers, names of insurers or other providers of coverage, dates of cancellation and reasons for cancellation. If coverage has not been canceled or has been renewed, the registration must include a sworn affidavit signed by the chief executive officer of the employee leasing company attesting to that fact.

vi. If applicable:

1. Name, address, and Maine license number of the health insurer.

2. Name, address, and Maine license number of the producer handling the sale of health coverage

3. Name, address, and Maine license number of the agency handling the sale of health coverage.

7. Changes to existing licensing information. If any information reported by a registrant changes during a period of registration, the registrant must amend its information on file with the NMLS within 30 days of the occurrence of the change or such shorter period as required by NMLS rules or procedures. Notice of a change of control of the registrant must be provided to the Bureau by advance change notice on the NMLS and the Bureau must approve any change of control before the same becomes effective.

8. Routine technical rule. This is a routine technical rule as authorized by 32 M.R.S. §14053.

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