Current through Register No. 40, October 3, 2024
(a) Every applicant for an initial employee
leasing company license shall complete, sign, have the signature acknowledged
by a notary public, and file with the commissioner form Employee Leasing
Initial Application, Rev. 07/2012, together with a non-refundable application
fee of $100. This application fee is in addition to the annual license fee set
byLab 1504.
(b) The applicant for
an employee leasing company license shall supply the following on or attached
to form Employee Leasing Initial Application:
(1) A department of safety, division of state
police, notarized Criminal Record Release Authorization, pursuant to rule Saf-C
5703, along with any required fee, with the commissioner identified as the
recipient of the record or records, which will allow a criminal background
check for each principal, officer, manager, or individual who owns 10 percent
or more or exercises the power to control day to day operation or direction of
the applicant;
(2) A copy of the
applicant's workers compensation policy or policies covering all leased
employees of the applicant;
(3) If
applicable, a copy of the health insurance policy covering all leased
employees;
(4) Certification
pursuant to RSA
277-B:5,VI that the applicant does not
conduct a temporary help service through the same entity as the applicant's
employee leasing company;
(5) The
applicant's most recent audited financial statement prepared by an independent
certified public accountant in accordance with generally accepted accounting
principles within 13 months prior to the date of application which shows a
minimum working capital of $100,000, pursuant to
RSA
277-B:6, I;
(6) A copy of the manual provided to the
leased employees pursuant to the requirements of
RSA
277-B:9, I (i);
(7) A complete description of the employee
grievance system required by
RSA
277-B:9, I (j);
(8) Letters of good standing from the NH
department of employment security and NH department of revenue administration,
showing that the applicant has fulfilled the requirements of
RSA
277-B:7;
(9) Ifthe applicant is not a New Hampshire
domiciliary, a copy of the applicant's employee-leasing license or registration
issued by its state of domicile, or if no license or registration is issued by
that state, then a certificate or letter of good standing;
(10) A completed form 6WC-LE, Rev. 09/2003
for each client company in New Hampshire;
(11) Explanation how the applicant will meet
the financial assurances required by
RSA
277-B:6;
(12) A written safety summary of the
applicant as required by
RSA
281-A:64, II; and
(13) If the applicant is a subsidiary of a
parent company, a document signed by the parent company agreeing and
guaranteeing the direct payment of benefits if the applicant fails or defaults
in its obligation to do so, which agreement shall not be terminated without 60
days notice to the commissioner.
(c) The workers' compensation policy or
policies as required in (b)(2) above shall reflect the workers' compensation
classification based on the work performed by the employees of the leasing
company.
(d) The workers'
compensation policy or policies as required in (b)(2) above shall comply with
RSA 281-A and Lab 100 through Lab 500 rules adopted thereunder.
(e) If meeting the requirement of (b)(3)
above, the health insurance policy shallbe in the name of the applicant and
must be current.
(f) When meeting
the requirements of (b)(5) above, applicant shall supply a statement which
shall show a minimum working capital of $100,000.
(g) If the applicant is meeting the
requirement of (b)(11) above by providing a surety bond, the bond shall be in
the sum of $100,000 and shall remain in effect unless the commissioner agrees
to an applicant's request to substitute another bond or other guarantee
approved by the commissioner, and shall obligate the surety to pay all
liabilities of the applicant under RSA 277-B.
