16 Va. Admin. Code § 30-100-80 - 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 §
65.2-803.1H 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registration has been revoked may apply to reregister as provided in §
65.2-803.1H 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 §
65.2-803.1A 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.
Notes
Statutory Authority
§§ 65.2-201 and 65.2-803.1 of the Code of Virginia.
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