277-B:5 License Application and Fees. –
I. Every applicant for an initial employee leasing company license shall file with the commissioner a completed application on a form prescribed by the commissioner with a non-refundable application fee of $100. Every applicant for a renewal license shall file with the commissioner a completed application at least 60 days before license expiration together with a renewal application fee of $100. The commissioner shall act upon such renewal application within said 60-day period. A licensee shall pay an annual fee for a license of $500 per year.
II. As a condition of licensure under this chapter, any applicant that is not a resident of, or domiciled in this state shall first be licensed as an employee leasing company in the state in which it is a resident or is domiciled if licensing is required by such state. Such applicant shall pay the application and license fees in paragraph I, or those application and license fees charged by the domiciliary state, whichever are greater.
III. The commissioner may issue a restricted license to an employee leasing company domiciled in another state for limited operation within this state under the following conditions, but only if the foreign jurisdiction has substantially the same conditions for licensure of a New Hampshire domiciled employee leasing company in such jurisdiction:
(a) The applicant does not maintain an office in this state, does not maintain a sales force or have a sales representative in this state, or solicit clients residing or domiciled in this state.
(b) The applicant shall not have more than 100 leased employees working in the state.
(c) A restricted licensee shall pay an annual fee of $100, or a fee in the same amount required by the foreign jurisdiction, whichever is greater.
IV. Every application for an original, renewal, or restricted license, shall be accompanied by evidence satisfactory to the commissioner that the leased employees are covered by workers' compensation insurance issued by a carrier admitted to write such coverage in this state. No unlicensed leasing company shall be provided workers' compensation coverage. An employee leasing company may meet its obligation to provide such insurance for leased employees through no more than 2 policies. When 2 policies are issued, one shall be issued in the voluntary market, and the other shall be issued in the residual market.
(a) Upon request of a client company, an employee leasing company insured in the voluntary market shall request that the carrier of the employee leasing company make available claims data on a client company basis to the National Council on Compensation Insurance.
(b) An employee leasing company insured in the residual market shall only be issued the National Council on Compensation Insurance Multiple Coordinated Policy as approved by the insurance commissioner.
(c) A client company shall be assigned its claims data upon terminating its relationship with an employee leasing company which data shall be used in calculating the client company's subsequent workers' compensation premium.
(d) An employee leasing company may meet its obligation to provide workers' compensation insurance coverage for leased employees through 2 carriers, provided that each client company's leased employees shall be covered by only one carrier and that such coverage shall clearly delineate such client company employees by client company name and federal identification number.
V. The application shall also be accompanied by evidence satisfactory to the commissioner that any health insurance benefits covering leased employees are provided pursuant to the provisions of RSA 277-B:11, II.
VI. Each application for an original, renewal, or restricted license, shall be accompanied by a certification that the applicant does not conduct a temporary help service through the same entity as the applicant's employee leasing company and that both entities do not commingle any financial components of the operations.