Okla. Stat. tit. 40, § 40-600.4

A. Registration required. Except as otherwise provided in the

Oklahoma Professional Employer Organization Recognition and

Registration Act, no person shall, unless the person is registered

as a PEO or PEO Group under the Oklahoma Professional Employer

Organization Recognition and Registration Act, provide, advertise,

or otherwise hold itself out as providing professional employer

services in this state.

B. Registration information.

1. Each PEO or PEO Group required to be registered under the

Oklahoma Professional Employer Organization Recognition and

Registration Act shall electronically submit a complete registration

application to the Insurance Commissioner in a manner and form

prescribed by the Commissioner, along with any applicable fees.

Pursuant to paragraph 2 of this subsection, a PEO or PEO Group may

use a qualified assurance organization as approved by the

Commissioner to provide services related to the registration of the

PEO or PEO Group. A PEO or PEO Group may authorize an assurance

organization to act on behalf of the PEO or PEO Group in complying

with the registration requirements set forth in the Oklahoma

Professional Employer Organization Recognition and Registration Act,

including, but not limited to, electronic filings of information and

payment of registration fees. At a minimum, PEOs, PEO Groups or an

approved assurance organization acting on behalf of the PEO or PEO

Group, shall provide the following information:

a. the name or names under which the PEO or PEO Group

conducts business,

b. the address of the principal place of business of the

PEO or PEO Group and the address of each office it

maintains in this state,

c. the PEO’s or PEO Group’s taxpayer or employer

identification number,

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d. a list by jurisdiction of each name under which the

PEO or PEO Group has operated in the preceding five

(5) years, including any alternative names, names of

predecessors and, if known, successor business

entities,

e. a statement of ownership, which shall include the name

and evidence of the business experience of any person

that, individually or acting in concert with one or

more other persons, owns or controls, directly or

indirectly, twenty-five percent (25%) or more of the

equity interests of the PEO or PEO Group,

f. a statement of management, which shall include the

name and evidence of the business experience of any

person who serves as president, chief executive

officer, or otherwise has the authority to act as

senior executive officer of the PEO or PEO Group, and

g. a financial statement setting forth the financial

condition of the PEO or PEO Group, as of a date not

earlier than three hundred sixty-five (365) days prior

to the date submitted to the Commissioner, prepared in

accordance with generally accepted accounting

principles, and audited or reviewed by an independent

certified public accountant licensed to practice in

the jurisdiction in which such accountant is located.

A PEO Group may submit combined or consolidated

audited or reviewed financial statements to meet the

requirements of this section.

2. The financial statement required by subparagraph g of

paragraph 1 of this subsection may be dated as of a date that is not

earlier than three hundred sixty-five (365) days before the date on

which the application is submitted in the event the PEO or PEO Group

provides the following:

a. evidence that is acceptable to the Commissioner that

it is licensed or registered in good standing in

another state with equal or greater requirements than

the requirements of the Oklahoma Professional Employer

Organization Recognition and Registration Act,

b. quarterly financial statements of management for each

calendar quarter as of the most recent audit that

demonstrate continuing financial operations acceptable

to the Commissioner, and

c. the certification of an independent Certified Public
er state with equal or greater requirements than

the requirements of the Oklahoma Professional Employer

Organization Recognition and Registration Act,

b. quarterly financial statements of management for each

calendar quarter as of the most recent audit that

demonstrate continuing financial operations acceptable

to the Commissioner, and

c. the certification of an independent Certified Public

Accountant that as of the end of the most recent

calendar quarter, the PEO or PEO Group has paid all of

its state and federal payroll taxes, health and

workers’ compensation premiums, and contributions to

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employee retirement plans in a timely and appropriate

manner.

3. For purposes of the Oklahoma Professional Employer

Organization Recognition and Registration Act, “assurance

organization” means an independent entity approved by the

Commissioner to certify the qualifications of a PEO or PEO Group for

registration under this section and Section 600.6 of this title and

any related requirements and procedures. To be considered for

approval as an independent and qualified assurance organization, the

assurance organization shall submit a written request for approval

to the Commissioner. The written request shall include, but not be

limited to, the following:

a. evidence that the assurance organization is

independent and has an established national program

for the accreditation and financial assurance of PEOs

and PEO Groups based on requirements similar to the

requirements of the Oklahoma Professional Employer

Organization Recognition and Registration Act, and any

rules promulgated for the implementation of the

Oklahoma Professional Employer Organization

Recognition and Registration Act,

b. evidence that the assurance organization has

documented qualifications, standards, procedures, and

financial assurance acceptable to the Commissioner and

is licensed or otherwise approved by one or more

states to certify the qualifications of PEOs or PEO

Groups,

c. an agreement to provide information, compliance

monitoring services, and a level of financial

assurance as deemed acceptable by the Commissioner,

d. an agreement to provide the Commissioner with an

application that has been executed by each PEO or PEO

Group requesting alternative registration under this

section and Section 600.6 of this title and related

requirements and procedures in a form approved by the

Commissioner. The application shall:

(1) authorize the assurance organization to share

with the Commissioner any application and

compliance reporting information required under

the Oklahoma Professional Employer Organization

Recognition and Registration Act that has been

provided to the assurance organization by the PEO

or PEO Group,

(2) authorize the Commissioner to accept information

shared by the assurance organization for

registration or renewal of registration of the

PEO or PEO Group as if the information was

Oklahoma Statutes - Title 40. Labor Page 324

provided directly to the Commissioner by the PEO

or PEO Group,

(3) provide the certification of the PEO or PEO Group

that the information provided by the assurance

organization to the Commissioner is true and

complete and that the PEO or PEO Group is in full

and complete compliance with all requirements of

the Oklahoma Professional Employer Organization

Recognition and Registration Act, and
rovided directly to the Commissioner by the PEO

or PEO Group,

(3) provide the certification of the PEO or PEO Group

that the information provided by the assurance

organization to the Commissioner is true and

complete and that the PEO or PEO Group is in full

and complete compliance with all requirements of

the Oklahoma Professional Employer Organization

Recognition and Registration Act, and

(4) provide the certification of the assurance

organization that the PEO or PEO Group is in

compliance with the standards and procedures of

the assurance organization which are similar to

the requirements of the Oklahoma Professional

Employer Organization Recognition and

Registration Act and is qualified for

registration or renewal of registration under the

Oklahoma Professional Employer Organization

Recognition and Registration Act,

e. an agreement to provide written notice to the

Commissioner within two (2) business days of

determination by the assurance organization of the

failure of a PEO or PEO Group to meet the

qualifications for registration under the Oklahoma

Professional Employer Organization Recognition and

Registration Act or determination by the assurance

organization of the failure of the PEO or PEO Group to

meet the qualifications for accreditation or

certification by the assurance organization, and

f. an agreement to share with the Commissioner in a

timely manner the information and supporting

documentation provided to the assurance organization

by the PEO or PEO Group similar to the information and

documentation required for registration or renewal of

registration under the Oklahoma Professional Employer

Organization Recognition and Registration Act.

4. Each person, PEO, or PEO Group shall electronically submit,

in a form and manner prescribed by the Commissioner, along with any

applicable fees, any change of legal business name, “doing business

as” or assumed name, address, or contact email address within thirty

(30) days after the change occurred. Any submission of a change of

legal name, “doing business as” or assumed name, address, or contact

email address received more than thirty (30) days after the change

occurred shall be accompanied by a fee of Fifty Dollars ($50.00).

C. Renewal. 1. A registration expires one (1) year following

the registration unless it is renewed pursuant to this subsection.

Oklahoma Statutes - Title 40. Labor Page 325

Before expiration of the registration, a registrant may renew the

registration for an additional one-year term if the registrant:

a. remains in good standing and otherwise is entitled to

be registered pursuant to the Oklahoma Professional

Employer Organization Recognition and Registration

Act,

b. files with the Commissioner a renewal application on a

form prescribed by the Commissioner, and

c. pays to the Commissioner a renewal fee as provided for

in Section 600.5 of this title.

2. A registration expired for failure to submit a renewal

application may be reinstated within ninety (90) days after the

expiration date by electronically submitting a fee in an amount that

is twice the amount of the renewal fee and a renewal application in

the form and manner prescribed by the Insurance Commissioner, along

with any transaction or other applicable fees. The Commissioner

shall require a person, PEO, or PEO Group whose registration has

been expired for more than ninety (90) days to reapply as if a new

applicant and pay an application fee equal to an amount that is

twice the initial application fee in addition to any fines imposed.

All applications received after the registration has been expired

for more than ninety (90) days shall include a detailed report of

professional employer services provided in this state during the

period of expired registration.

D. Group registration. Any two or more PEOs held under common

control of any other person or persons acting in concert may be
n fee in addition to any fines imposed.

All applications received after the registration has been expired

for more than ninety (90) days shall include a detailed report of

professional employer services provided in this state during the

period of expired registration.

D. Group registration. Any two or more PEOs held under common

control of any other person or persons acting in concert may be

registered as a PEO Group. A PEO Group may satisfy any reporting

and financial requirements of this registration law on a

consolidated basis.

E. Electronic filing and compliance. A PEO, PEO Group or an

approved independent and qualified assurance organization as

provided for in subsection B of this section may electronically

submit filings in conformance with Sections 15-101 through 15-121 of

Title 12A of the Oklahoma Statutes. Electronically submitted

filings include, but are not limited to, applications, documents,

reports, and other filings required under the Oklahoma Uniform

Electronic Transactions Act.

F. De minimis exemption.

1. A PEO is exempt from the registration requirements payable

under the Oklahoma Professional Employer Organization Recognition

and Registration Act if such PEO:

a. submits a properly executed request for exemption on a

form provided by the Department,

b. is domiciled outside this state and is licensed or

registered as a professional employer organization in

another state that has the same or greater

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requirements as the Oklahoma Professional Employer

Organization Recognition and Registration Act,

c. does not maintain an office in this state or solicit

in any manner clients located or domiciled within this

state, and

d. does not have more than twenty-five covered employees

employed or domiciled in this state.

2. An exemption of a professional employer organization from

the registration requirements under the Oklahoma Professional

Employer Organization Recognition and Registration Act shall be

valid for one (1) year, subject to renewal.

G. List. The Commissioner shall maintain a list of

professional employer organizations registered or exempted under the

Oklahoma Professional Employer Organization Recognition and

Registration Act and a list of approved assurance organizations.

H. Forms. The Commissioner may prescribe forms necessary to

promote the efficient administration of this section.

I. The Commissioner is authorized to promulgate reasonable

rules necessary for the administration and implementation of this

section.

J. Every person, PEO, or PEO Group, upon receipt of any inquiry

from the Commissioner, shall, within twenty (20) days from the date

of receipt of the inquiry, furnish the Commissioner with an adequate

response to the inquiry.

K. The Commissioner may reject an application for registration,

renewal of registration, or for an exemption from registration if

the Commissioner finds that:

1. The application is not fully completed or properly executed;

2. Documents required to supplement the application are not

included in the application packet or are inadequate;

3. The registration fee is not submitted with the application;

4. The applicant or any person named in the application

misrepresents material in the application;

5. The applicant, or any of its officers, is determined by the

Commissioner to lack good moral character, business integrity, or

financial responsibility; or

6. The controlling person has violated a provision of the

Oklahoma Professional Employer Organization Recognition and

Registration Act or rules promulgated thereto.