reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-89A-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-25 - Effect of other law on client companies and assigned employees.

 58-89A-25. Effect of other law on client companies and assigned employees.(a) This Article does not exempt a client company of a licensee, or any assigned employee, from any other license requirements imposed under local, State, or federal law.(b) An employee who is licensed, registered, or certified under law and who is assigned to a client company is considered to be an employee of the client company for the purpose of that license, registration, or certification.(c) A licensee is not engaged in the unauthorized practice of an occupation, trade, or profession that is licensed, certified, or otherwise regulated by a State agency or other political subdivision of the State, including a county or city, by entering into a PEO agreement with a client company and assigned employees.(d) With respect to a bid, contract, purchase order, program, or agreement entered into with the State or a political subdivision of the State, or State program or benefit otherwise available to a client company, a client company's status, certification, or qualification pursuant to the bid, contract, benefit, program, agreement, or State program shall not be affected because the client company has entered into an agreement with a licensee or utilizes the services of a licensee.(e) Nothing in this Article or in any PEO agreement or other professional employer services contract shall affect, modify, or amend any collective bargaining agreement or the rights or obligations of any client company, professional employer organization, or any assigned employee under the National Labor Relations Act, 29 U.S.C. 151, et seq. (2004-162, s. 1.)
NC Gen Stat § 58-89A-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-30 - Other provisions of this chapter.

 58-89A-30. Other provisions of this chapter.G.S. 58-2-45, 58-2-50, 58-2-55, 58-2-60, 58-2-65, 58-2-69, 58-2-70, 58-2-75, 58-2-100, 58-2-155, 58-2-163, 58-2-180, 58-2-185, 58-2-200, 58-2-240, and 58-3-100 shall apply to all persons licensed under this Article and all persons subject to licensure requirements under this Article. (2004-162, s. 1; 2007-127, s. 13.)
NC Gen Stat § 58-89A-31 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-31 - Tax credits and other incentives.

 58-89A-31. Tax credits and other incentives.For purposes of determination of tax credits and other economic incentives provided by the State or a political subdivision and based on employment, covered employees are considered employees solely of the client. A client shall be entitled to the benefit of any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of the client. Each professional employer organization must provide, upon request by a client, employment information that is required by any agency or department of the State or a political subdivision responsible for administration of any tax credit or economic incentive and that is necessary to support a request, claim, application, or other action by a client seeking the tax credit or economic incentive. For purposes of this section, the term "political subdivision" has the same meaning as in G.S. 162A-65(a)(8).  (2004-162, s. 1; 2009-552, s. 4.)
NC Gen Stat § 58-89A-35 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-35 - License required; professional employer organization groups.

 58-89A-35. License required; professional employer organization groups.(a) No person shall engage in or offer professional employer services in this State unless the person holds a license issued under this Article.(b) Two or more professional employer organizations that are controlled by the same ultimate parent, entity, or persons may be licensed as a professional employer organization group. A professional employer organization group may satisfy the reporting and financial requirements of this Article on a consolidated basis. As a condition of licensure as a professional employer organization group, each professional employer organization that is a member of the group shall guarantee payment of all financial obligations of every other member. Notwithstanding the definition of "person" in this Article, whenever two or more entities combine to seek issuance of a single license under this Article, the requirements for group licensure under this subsection shall be met before issuance of a license and any license issued will be a group license issued pursuant to this subsection. (2002-168, s. 8; 2004-162, s. 1.)
NC Gen Stat § 58-89A-40 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-40 - Qualifications for controlling person.

 58-89A-40. Qualifications for controlling person.(a) To be qualified to serve as a controlling person of a licensee under this Article, the controlling person shall be at least 18 years of age, be of good moral character, and have educational, managerial, or business experience relevant to:(1) Operation of a professional employer organization; or(2) Service as a controlling person of a professional employer organization.(b) This section does not apply to persons who are licensed pursuant to the alternative licensing procedures set forth in G.S. 58-89A-76 or to entities that are controlling persons. (2004-162, s. 1.)
NC Gen Stat § 58-89A-50 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-50 - Surety bond; letter of credit; other deposits.

 58-89A-50. Surety bond; letter of credit; other deposits.(a) An applicant for licensure shall file with the Commissioner a surety bond, or other items as set forth in subsection (f) of this section, in the amount of one hundred thousand dollars ($100,000) for the benefit of the Commissioner. An applicant whose current assets do not exceed current liabilities pursuant to G.S. 58-89A-60(b) shall file an additional surety bond or other items set forth in subsection (f) of this section equal to or in excess of current liabilities less current assets.(b) The surety bond required by this section shall be in a form acceptable to the Commissioner, issued by an insurer authorized by the Commissioner to write surety business in this State, and maintained in force while the license remains in effect or any obligations or liabilities of the applicant, licensee or PEO previously licensed by this State remain outstanding.(c) The surety bond required by this section may be exchanged or replaced with another surety bond if (i) the surety bond applies to obligations and liabilities that arose during the period of the original surety bond, (ii) the surety bond meets the requirements of this section, and (iii) 90 days' advance written notice is provided to the Commissioner.(d) Repealed by Session Laws 2013-413, s. 11.2(b), effective October 1, 2013.(e) Notice of cancellation or nonrenewal of the surety bond required by this section shall be provided to the Commissioner in writing at least 45 days before cancellation or nonrenewal.(e1) A surety bond may be cancelled by the issuer of the bond with respect to future obligations or liabilities upon proper notice pursuant to this section and without regard to approval or acceptance of the Commissioner.(f) In lieu of the surety bond required by this section, an applicant may submit to the Commissioner an irrevocable letter of credit in a form acceptable to the Commissioner issued by a financial institution, the deposits of which are insured by the Federal Deposit Insurance Corporation, or may maintain on deposit with the Commissioner an amount equal to the amount required under subsection (a) of this section in cash or in value of securities of the kind specified in G.S. 58-5-20.(g) This section does not apply to persons who are licensed pursuant to the alternative licensing procedures set forth in G.S. 58-89A-76 or to persons who are de minimis registrants pursuant to G.S. 58-89A-75.(h) The license of any licensee that fails to provide and maintain a surety bond, letter of credit, cash, or securities pursuant to this section shall be automatically and immediately suspended, and the licensee shall tender its license to the Commissioner within three days of failure to satisfy this requirement.  (2004-162, s. 1; 2005-124, s. 1; 2008-124, ss. 7.1, 7.2; 2009-552, s. 1; 2013-413, s. 11.1(b).)
NC Gen Stat § 58-89A-65 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-65 - Fees.

 58-89A-65. Fees.(a) Each applicant for a professional employer organization license or de minimis registration shall pay to the Commissioner, before the issuance of the license, a nonrefundable application fee of one thousand dollars ($1,000).(b) Each licensee shall pay to the Commissioner when filing the information required under G.S. 58-89A-70(d) an annual filing fee of one thousand dollars ($1,000).(c) Each applicant for alternative licensing under G.S. 58-89A-76 and each applicant for renewal of a license provided under G.S. 58-89A-76 shall pay to the Commissioner, before issuance or renewal of the license, a fee of five hundred dollars ($500.00).(d) When the Commissioner finds that a licensee has committed an act that is a ground for disciplinary violation under G.S. 58-89A-155 or that a licensee has committed a prohibited act in violation of G.S. 58-89A-170, and such decision becomes final following the conclusion of all administrative or judicial proceedings, the Commissioner may charge an applicant or licensee reasonable fees to recover the Department's costs associated with investigations, inspections, examinations, and any other administrative or enforcement responsibilities created under this Article.(e) Fees collected by the Commissioner under this Article shall be deposited in the Insurance Regulatory Fund under G.S. 58-6-25 and shall be used to implement this Article. (2002-168, s. 8; 2004-162, s. 1; 2005-124, s. 2.)
NC Gen Stat § 58-89A-70 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-70 - License issuance and maintenance.

 58-89A-70. License issuance and maintenance.(a) The Commissioner shall issue a license to an applicant whom the Commissioner determines has satisfied the requirements of this Article not later than the 90th day after the date on which the completed application is filed with the Commissioner. The Commissioner shall notify an applicant of any deficiency in the application not later than the 60th day after the date on which the Commissioner receives the application.(b) A license issued by the Commissioner under this Article shall remain in effect until revoked, suspended, surrendered, or otherwise terminated.(c) By obtaining licensure under this Article, the controlling persons of a licensee certify, under penalty of law, their compliance with the requirements of licensure and of operation as a professional employer organization pursuant to this Article.(d) Within 120 days after the end of each fiscal year, each licensee shall file with the Commissioner all of the following information:(1) Evidence of "financial responsibility" as set forth in G.S. 58-89A-60(b).(2) Any information required by G.S. 58-89A-60(a) for which there has been a change since the last or initial filing. Any change of controlling persons may subject the licensee to a background investigation of those controlling persons as required by G.S. 58-89A-60.(3) The annual filing fee, pursuant to G.S. 58-89A-65.(4) Any other information the Commissioner determines is needed for the review of a licensee.(e) In order to maintain licensure, each licensee may be required to file with the Commissioner no later than 45 days after the end of each quarter of the fiscal year:(1) A financial statement for the preceding quarter that is not audited but is set forth in a format similar to the annual audited GAAP financial statement; and(2) An attestation, executed by the chief financial officer and the chief executive officer of the licensee, that the licensee is current with respect to all of its obligations for payroll, payroll-related taxes, workers' compensation insurance, and employee benefits. If any of the obligations listed in this subdivision are in dispute with a client and the disputed amount is material when considered in the context of the licensee's most recent audited financial statement, then the licensee shall disclose the nature of the dispute causing the obligations to be unpaid and the amount of money in controversy. (2004-162, s. 1.)
NC Gen Stat § 58-89A-76 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-76 - Alternative licensing.

 58-89A-76. Alternative licensing.The Commissioner, by rule, may provide for the acceptance of an affidavit by a bonded, independent, and qualified assurance organization that has been approved by the Commissioner certifying the qualifications of a professional employer organization for licensing under this Article in lieu of the requirements of G.S. 58-89A-40 through G.S. 58-89A-60. A professional employer organization licensed under this section shall be exempt from the provisions of G.S. 58-89A-70(c), (d), and (e). (2004-162, s. 1.)
NC Gen Stat § 58-89A-80 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-80 - License not assignable; change of name or location.

 58-89A-80. License not assignable; change of name or location.(a) A licensee shall not conduct business under any name other than that specified in the license. A license issued under this Article is not assignable. A licensee shall not conduct business under any fictitious or assumed name without prior written authorization from the Commissioner. The Commissioner shall not authorize the use of a name that is so similar to that of a public office or agency or to that of another licensee that the public may be confused or misled by the name's use. A licensee shall not conduct business under more than one name unless the licensee has obtained a separate license for each name or the licensee is operating under a group license pursuant to G.S. 58-89A-35.(b) Except as provided in this subsection, a licensee may change the licensee's licensed name only once in a calendar year by notifying the Commissioner and paying a fee for the change of name. The fee for a name change shall be fifty dollars ($50.00). A licensee may change the licensee's name without the payment of the name change fee if the name change is submitted with the information required by G.S. 58-89A-70(d). If a licensee has changed its name once during a calendar year, the licensee shall not change its name again unless the name change is approved by the Commissioner.(c) A licensee shall notify the Commissioner in writing within 30 days of any change in the status of the licensee, including:(1) Any change in the location of the licensee's primary business office;(2) The addition of or change in the location of any other business offices providing professional employer services in this State; and(3) A change in the location of business records maintained by the licensee.(d) A licensee may advertise in this State using only the name that is on the license issued by the Commissioner.(e) Each written proposal provided to a prospective client company and each PEO agreement between a licensee and a client company or assigned employee shall clearly identify the name of the licensee. (2004-162, s. 1.)
NC Gen Stat § 58-89A-85 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-85 - Supervision; rehabilitation; liquidation.

 58-89A-85. Supervision; rehabilitation; liquidation.If at any time the Commissioner determines, after notice and an opportunity for the licensee to be heard, that a licensee (i) has been or will be unable, in such a manner as may endanger the ability of the licensee, to fully perform its obligations pursuant to this Article or (ii) is bankrupt, the Commissioner may either (i) commence a supervision proceeding pursuant to Article 30 of this Chapter or (ii) apply to the Superior Court of Wake County or to the federal bankruptcy court that has previously taken jurisdiction over the licensee, if applicable, for an order directing the Commissioner or authorizing the Commissioner to rehabilitate or to liquidate a licensee in accordance with Article 30 of this Chapter.  (2004-162, s. 1; 2013-413, s. 11.1(d).)
NC Gen Stat § 58-89A-95 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-95 - Agreement.

 58-89A-95. Agreement.(a) A licensee shall establish the terms of a PEO agreement by a written contract between the licensee and the client company.(b) The licensee shall give written notice of the agreement, by agreement or otherwise, as it affects assigned employees to each employee assigned to a client company work site.(c) Repealed by Session Laws 2013-413, s. 11.1(e), effective October 1, 2013.  (2004-162, s. 1; 2013-413, s. 11.1(e).)
NC Gen Stat § 58-89A-100 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-100 - Contract requirements.

 58-89A-100. Contract requirements.A contract between a licensee and a client company shall provide:(1) Unless otherwise expressly agreed by a professional employer organization and a client company in a PEO agreement, the client company retains the exclusive right of direction and control over the assigned employees as is necessary to conduct the client company's business and without which the client company would be unable to conduct its business, to discharge any fiduciary responsibility that it may have, or to comply with any applicable licensure, regulatory, or statutory requirement of the client company or an assigned employee. The PEO agreement shall provide that employment responsibilities not allocated to the licensee by the PEO agreement or this section remain with the client company.(2) That the licensee assumes responsibility for the payment of wages to the assigned employees as agreed to in the PEO agreement.(3) That the licensee assumes responsibility for the payment of payroll taxes and collection of taxes from payroll on assigned employees.(4) That the licensee shall have a right to hire, discipline, and terminate an assigned employee as may be necessary to fulfill the licensee's responsibilities under this Chapter and a PEO agreement. The client company shall have a right to hire, discipline, and terminate an assigned employee.(5) That the licensee retains a right of direction and control over the adoption of employment policies and the management of workers' compensation claims, claim filings, and related procedures in accordance with applicable federal laws and the laws of this State.(6) That responsibility to obtain workers' compensation coverage for assigned employees, from an entity authorized to do business in this State and otherwise in compliance with all applicable requirements, shall be specifically allocated in the PEO agreement to either the client company or the licensee. If the responsibility is allocated to the licensee under any such agreement, that agreement shall require that the licensee maintain and provide to the client company, at the termination of the agreement if requested by the client company, records regarding the loss experience related to workers' compensation insurance provided to assigned employees pursuant to the agreement.  (2004-162, s. 1; 2013-413, s. 11.1(f).)
NC Gen Stat § 58-89A-105 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-105 - Employee benefit plans; required disclosure; other reports.

 58-89A-105. Employee benefit plans; required disclosure; other reports.(a) A licensee may sponsor and maintain employee benefit plans for the benefit of assigned employees. Any health insurance plan sponsored and maintained by a licensee shall only be fully insured by one of the following:(1) A licensed insurance company that is authorized to write accident and health insurance, as defined in G.S. 58-7-15(3).(2) A service corporation organized and licensed under Article 65 of this Chapter.(3) A health maintenance organization organized and licensed under Article 67 of this Chapter.(a1) A client company may sponsor and maintain employee benefit plans for the benefit of assigned employees.(b),(c) Repealed by Session Laws 2008-124, s. 7.4, effective October 1, 2008.(d) For the purposes of this section, a health insurance plan is fully insured only if all of the benefits provided under the plan are covered by an approved policy issued by one or more of the entities specified in subsection (a) of this section. A health insurance plan is not fully insured if the plan is any form of stop-loss insurance or any other form of reinsurance.(e) Existing licensees shall comply with subsection (a) of this section by October 1, 2009. If on October 1, 2009, an existing licensee sponsors and maintains any health insurance plan that is not fully insured by one or more of the entities specified in subsection (a) of this section, the licensee may continue to sponsor and maintain the health insurance plan if it complies with G.S. 58-89A-106.  (2004-162, s. 1; 2008-124, s. 7.4; 2009-552, s. 2.)
NC Gen Stat § 58-89A-107 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 89A - North Carolina Professional Employer Organization Act.|§ 58-89A-107 - Examinations of self-funded health benefit plans.

 58-89A-107. Examinations of self-funded health benefit plans.(a) The Commissioner may conduct an examination of a licensee's self-funded employee benefit plan as often as the Commissioner considers appropriate.(b) An examination under this Article shall be conducted in accordance with the Examination Law of this Chapter, G.S. 58-2-131 through G.S. 58-2-133.(c) In lieu of an examination of any foreign or alien licensee's self-funded employee benefit plan, the Commissioner may, in the Commissioner's discretion, accept an examination report on the licensee's self-funded employee benefit plan prepared by the appropriate regulator for the licensee's state of domicile.(d) When making an examination under this section, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the reasonable cost of which shall be borne by the licensee that is the subject of the examination.(e) The amount paid by a PEO for an examination of its health benefit plan under this section shall not exceed sixty thousand dollars ($60,000), unless the PEO and the Commissioner agree on a higher amount. The State Treasurer shall deposit all funds received under this section in the Insurance Regulatory Fund established under G.S. 58-6-25. Funds received under this section shall be used by the Department for offsetting the actual expenses incurred by the Department for examinations under this section.  (2009-552, s. 3.)