SECTION 72.22. License Requirements--Limited License  


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  • (a) To qualify for a limited license, a person at all times must:

    (1) employ less than 50 covered employees in this state at any one time;

    (2) not provide covered employees to clients that are based or domiciled in the state;

    (3) not maintain an office in this state; and

    (4) not solicit clients located or domiciled in this state.

    (b) A person applying for a limited license must provide the department with all of the following required information, on forms prescribed by the executive director:

    (1) a completed registration form, including any applicable attachments or application forms;

    (2) a completed personal information form from each controlling person as defined in Texas Labor Code §91.001(7);

    (3) a completed criminal history questionnaire, as applicable;

    (4) proof of current licensure as a PEO, in good standing, if licensed in another state;

    (5) documentation from the Texas Secretary of State recognizing the person's authority to do business in this state;

    (6) proof of positive working capital as described under §72.40; and

    (7) the required fees.

    (c) Falsification of a required document by the applicant is grounds for denial and/or revocation of license.

    (d) Falsification of documentation provided by a controlling person disqualifies that person from serving as a controlling person.

    (e) After the person obtains the limited license, the person must continue to meet all of the requirements under subsection (a) in order to retain the limited license. Failure to continue meeting the requirements will result in loss of the limited license.

Source Note: The provisions of this §72.22 adopted to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512