West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-85 - Professional Employer Organizations
Section 114-85-12 - Enforcement and penalties
Universal Citation: 114 WV Code of State Rules 114-85-12
Current through Register Vol. XLI, No. 38, September 20, 2024
12.1. If the Commissioner finds that any licensed PEO has violated any provisions of this rule or any provisions in W. Va. Code § 33-46A-1 et seq., the Commissioner may, in lieu of a suspension or revocation, order the PEO to pay a penalty in a sum not to exceed $10,000. If the PEO fails to pay the penalty within thirty days after notice of the penalty, the Commissioner may revoke or suspend the license of the PEO.
12.2. With respect to any person operating as a PEO without a license, the Commissioner may, pursuant to W. Va. Code § 33-46A-4 a(a), do one or more of the following:
12.2.a. File a
complaint in the Circuit Court of Kanawha County or in any county in which illegal
PEO activities are alleged to have occurred to enjoin the person from engaging in
any act that constitutes a PEO service; and
12.2.b. After notice and hearing in accordance
with W. Va. Code §
33-2-13, assess restitution
in an amount sufficient to reimburse any person adversely affected by the operation
of the unlicensed PEO and, in addition to or in lieu of restitution, impose a fine
in a sum not to exceed $20,000 for each unauthorized act.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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