N.H. Admin. Code § Lab 1503.02 - Initial Application

(a) Every applicant for an initial employee leasing company license shall complete, sign, have the signature acknowledged by a notary public, and file with the commissioner form Employee Leasing Initial Application, Rev. 07/2012, together with a non-refundable application fee of $100. This application fee is in addition to the annual license fee set byLab 1504.

(b) The applicant for an employee leasing company license shall supply the following on or attached to form Employee Leasing Initial Application:

(1) A department of safety, division of state police, notarized Criminal Record Release Authorization, pursuant to rule Saf-C 5703, along with any required fee, with the commissioner identified as the recipient of the record or records, which will allow a criminal background check for each principal, officer, manager, or individual who owns 10 percent or more or exercises the power to control day to day operation or direction of the applicant;

(2) A copy of the applicant's workers compensation policy or policies covering all leased employees of the applicant;

(3) If applicable, a copy of the health insurance policy covering all leased employees;

(4) Certification pursuant to RSA 277-B:5,VI that the applicant does not conduct a temporary help service through the same entity as the applicant's employee leasing company;

(5) The applicant's most recent audited financial statement prepared by an independent certified public accountant in accordance with generally accepted accounting principles within 13 months prior to the date of application which shows a minimum working capital of $100,000, pursuant to RSA 277-B:6, I;

(6) A copy of the manual provided to the leased employees pursuant to the requirements of RSA 277-B:9, I (i);

(7) A complete description of the employee grievance system required by RSA 277-B:9, I (j);

(8) Letters of good standing from the NH department of employment security and NH department of revenue administration, showing that the applicant has fulfilled the requirements of RSA 277-B:7;

(9) Ifthe applicant is not a New Hampshire domiciliary, a copy of the applicant's employee-leasing license or registration issued by its state of domicile, or if no license or registration is issued by that state, then a certificate or letter of good standing;

(10) A completed form 6WC-LE, Rev. 09/2003 for each client company in New Hampshire;

(11) Explanation how the applicant will meet the financial assurances required by RSA 277-B:6;

(12) A written safety summary of the applicant as required by RSA 281-A:64, II; and

(13) If the applicant is a subsidiary of a parent company, a document signed by the parent company agreeing and guaranteeing the direct payment of benefits if the applicant fails or defaults in its obligation to do so, which agreement shall not be terminated without 60 days notice to the commissioner.

(c) The workers' compensation policy or policies as required in (b)(2) above shall reflect the workers' compensation classification based on the work performed by the employees of the leasing company.

(d) The workers' compensation policy or policies as required in (b)(2) above shall comply with RSA 281-A and Lab 100 through Lab 500 rules adopted thereunder.

(e) If meeting the requirement of (b)(3) above, the health insurance policy shallbe in the name of the applicant and must be current.

(f) When meeting the requirements of (b)(5) above, applicant shall supply a statement which shall show a minimum working capital of $100,000.

(g) If the applicant is meeting the requirement of (b)(11) above by providing a surety bond, the bond shall be in the sum of $100,000 and shall remain in effect unless the commissioner agrees to an applicant's request to substitute another bond or other guarantee approved by the commissioner, and shall obligate the surety to pay all liabilities of the applicant under RSA 277-B.

Notes

N.H. Admin. Code § Lab 1503.02

#6626, eff 11-4-97, EXPIRED: 11-4-05

New. #10221, eff 11-3-12