Administrative Code

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Virginia Administrative Code
Title 16. Labor and Employment
Agency 30. Virginia Workers' Compensation Commission
Chapter 100. Regulations for Professional Employer Organizations
1/23/2020

16VAC30-100-80. Revocation, Suspension, and Voluntary Termination of Registration.

A. The commission may suspend or revoke a PEO's registration where it fails to comply with the requirements of the Act or these regulations as provided in § 65.2-803.1 H of the Code of Virginia. A suspension may be for a period of up to 12 months.

B. The following procedure shall apply to a revocation or suspension:

1. The commission shall send written notice to the PEO describing the noncompliance.

2. The PEO shall have 30 days to correct the noncompliance and to provide the commission with written verification of the correction. Where the noncompliance is specifically addressed in the Act or in the commission's regulations, those specific statutory or regulatory provisions shall apply as well.

3. If the PEO fails to comply with subdivision 2 of this subsection, the commission shall initiate a hearing pursuant to § 65.2-704 of the Code of Virginia and provide appropriate notice to the PEO and other proper parties. A decision issued in connection with a hearing shall specify the effective date of the revocation or suspension. Where a suspension is imposed, the decision shall specify the duration of the period of suspension. During a period of suspension or revocation, the PEO shall be deemed to have not registered with the commission as required by § 65.2-803.1 of the Code of Virginia.

4. Review of a decision issued in connection with the proceedings provided in § 65.2-704 of the Code of Virginia shall be as provided in §§ 65.2-705 and 65.2-706 of the Code of Virginia.

C. A PEO whose registration has been revoked may apply to reregister as provided in § 65.2-803.1 H of the Code of Virginia. The PEO shall comply with the relevant provisions of § 65.2-803.1 of the Code of Virginia and these regulations in connection with such application. In addition, the PEO shall submit written documentation verifying that the noncompliance resulting in the revocation has been corrected. The PEO may apply for a hearing as provided in § 65.2-704 of the Code of Virginia to determine if it has satisfied the prerequisites for reregistration.

D. A PEO may voluntarily terminate its registration under § 65.2-803.1 A of the Code of Virginia by filing a written request with the commission. In its request, the PEO may specify a date on which the termination of registration is to be effective. The commission shall issue a response assigning the date on which the PEO's registration will terminate.

E. Suspension, revocation, or voluntary termination of a PEO's registration shall not alter its obligation, or that of its client companies, to maintain the insurance required by Chapter 8 (§ 65.2-800 et seq.) of the Act or any other insurance coverage required by statute or regulation.

Statutory Authority

§§ 65.2-201 and 65.2-803.1 of the Code of Virginia.

Historical Notes

Derived from Volume 17, Issue 09, eff. February 14, 2001.

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