| | | 3-A. Conditional, probationary or provisional licenses.__The | | administrator, within the administrator's discretion, may issue a | | conditional, probationary or provisional license to an applicant.__ | | A conditional, probationary or provisional license may run for | | any time period the administrator considers appropriate and must | | be consistent with ensuring the maximum practicable protection | | for employers. |
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| | | Sec. 3. 10 MRSA §1495-D, sub-§4, as enacted by PL 2003, c. 668, §6 and | | affected by §12, is amended to read: |
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| | | 4. Fees. The initial application and annual renewal | application must include a fee of $250 | | processor has fewer than 25 employers as payroll processing | | clients; $500 if the payroll processor has from 25 to 500 | employers as payroll processing clients; and $750 | | payroll processors that have more than 500 employers as payroll | | processing clients. The aggregate of license fees and other fees | | and assessments provided for by this chapter is appropriated for | | the use of the administrator. Any balance of these funds does | | not lapse but must be carried forward to be expended for the same | | purpose in the following fiscal year. |
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| | | Sec. 4. 10 MRSA §1495-E, sub-§§1, 2 and 4, as enacted by PL 2003, c. 668, | | §6 and affected by §12, are amended to read: |
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| | | 1. Bond required; minimum amount; duration. Each application | | for a license under section 1495-D must be accompanied by | | evidence of a surety bond, in a form approved by the | | administrator, in an amount equal to the total of all local, | | state and federal tax payments and unemployment insurance | | premiums processed by the payroll processor on behalf of | | employers in this State in the 3-consecutive-month period of | highest volume during the previous calendar year or $100,000 | | $50,000, whichever is greater, but not to exceed $500,000. The | | bond must designate the administrator as payee. The bond paid to | | the administrator may be used for the purposes of the | | administrator and for the benefit of any employer who may have a | | cause of action against the payroll processor. The terms of the | | bond must run continuously until cancelled and the aggregate | | amount of the bond must be maintained at all times during the | | licensing period. |
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| | | 2. Modification of bond requirement. If bonding is | | unavailable under the terms and conditions of subsection 1, the | | administrator, within the administrator's discretion, may modify | | those terms and conditions or may permit submission of an | | irrevocable letter of credit or other alternative form of | | security so as to ensure the maximum practicable protection for | | employers. |
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