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<regulation prefix="Regulation" num=".26" citation="COMAR 09.32.01.26" title_num="09" subtitle_num="32" chapter_num="01" heading="Professional Employer Organizations.">
  <paragraph num="A.">
    <text>Professional Employer Organization.</text>
    <paragraph num="(1)">
      <text>“Professional employer organization” means an employing unit which places all or part of a client company's workers on its payroll or payrolls and, by written agreement, assigns or leases the workers to the client company.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Professional employer organization” does not mean a temporary help firm within the meaning of this subtitle.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Obligations of a Professional Employer Organization.</text>
    <paragraph num="(1)">
      <text>A professional employer organization is subject to all of the rights and obligations of employing units under the Unemployment Insurance Law.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Acquisitions.</text>
      <paragraph num="(a)">
        <text>Upon the acquisition of all or part of a client company's workers:</text>
        <paragraph num="(i)">
          <text>A professional employer organization is initially classified as a successor employer for purposes of assigning a contribution rate, assessing administrative fees and tax liability, and transferring the taxable wage base of the workers who were placed on the professional employer organization's payroll; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The client company is initially classified as a predecessor employer.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A subsequent acquisition or transfer, by sale or otherwise, of all or part of a professional employer organization's assets, business, organization, or trade is treated in accordance with the Unemployment Insurance Law.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Notification.</text>
      <paragraph num="(a)">
        <text>A professional employer organization shall notify the Secretary in writing when the company places all or part of a client company's workers on its payroll.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notification shall be given within 30 days of placing the workers on the payroll and shall be provided in the form and manner required by the Secretary.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Notification shall include, at a minimum, the following information:</text>
        <paragraph num="(i)">
          <text>Name, address, and phone number of the professional employer organization;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Name, address, and phone number of the client company;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Date the professional employer organization acquired the client company's workers; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Total number of workers acquired from the client company.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Annual Report.</text>
      <paragraph num="(a)">
        <text>On or before December 31 of each year, a professional employer organization shall file an annual report of the company's clients with the Secretary.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The annual report shall be in writing and shall include:</text>
        <paragraph num="(i)">
          <text>Name, address, and phone number of the professional employer organization; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Names and addresses of client companies to whom the professional employer organization leases or assigns workers.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>