AB1099,7,16 13203.03 Registration. (1) A provider, including a provider that is not
14physically located in this state, may not provide earned income access services in this
15state without first registering with the division and complying with the bond or letter
16of credit requirements under sub. (5).
AB1099,7,19 17(2) A provider required to register under sub. (1) shall apply to the division for
18a certificate of registration on a form and in the manner prescribed by the division.
19The application shall include all of the following information:
AB1099,7,2020 (a) The name of the provider.
AB1099,7,2221 (b) The name under which the provider transacts business, if different from
22par. (a).
AB1099,7,2423 (c) The address of the provider's principal office, which may be outside this
24state.
AB1099,8,2
1(d) The addresses of all of the provider's offices or retail stores, if any, in this
2state.
AB1099,8,53 (e) If the provider provides earned income access services at a location that is
4not an office or retail store in this state, a brief description of the manner in which
5the provider provides earned income access services.
AB1099,8,76 (f) The address of the provider's designated agent upon whom service of process
7may be made in this state.
AB1099,8,88 (g) The provider's federal employer identification number.
AB1099,8,109 (h) Any other similar information the division requires to administer this
10chapter.
AB1099,8,13 11(3) Each provider required to register under sub. (1) shall update any
12information provided in its registration application within 15 business days after a
13material change in that information.
AB1099,8,19 14(4) A provider that submits an application for a certificate of registration under
15sub. (2) shall pay a nonrefundable fee to the division determined in accordance with
16rates set by the division. In setting the rates, the division shall consider the division's
17costs of administering this chapter. The division may require an applicant to submit
18financial and other information the division requires to determine the amount of the
19fee an applicant is required to pay.
AB1099,8,24 20(5) (a) A provider required to register under sub. (1) shall file with the division,
21and maintain in force, a surety bond that is issued by a surety company admitted to
22do business in this state or an irrevocable letter of credit from a federally insured
23bank or savings and loan association located in this state that meets all of the
24following requirements:
AB1099,8,2525 1. The bond or letter of credit is in an amount equal to $25,000.
AB1099,9,2
12. The bond or letter of credit is in favor of the state for the benefit of any person
2that is damaged by a violation of this chapter.
AB1099,9,43 3. The bond or letter of credit is in favor of any person that is damaged by a
4violation of this chapter.
AB1099,9,115 (b) A person claiming against a bond or letter of credit described under this
6subsection for a violation of this chapter may maintain an action at law against the
7provider that obtained the bond or letter of credit and against the surety or financial
8institution that issued the bond or letter of credit. The surety or financial institution
9is liable only for actual damages and not for punitive damages. The aggregate
10liability of the surety or financial institution to all persons damaged by a provider's
11violation of this chapter does not exceed the amount of the bond or letter of credit.
AB1099,9,20 12(6) Upon the filing of an application under sub. (2) and the payment of the fee
13required under sub. (4) by a provider, the division shall investigate the relevant facts.
14If the division finds that the character and general fitness and the financial
15responsibility of the provider, and the provider's partners if the provider is a
16partnership, the provider's members if the provider is a limited liability company or
17association, and the provider's officers and directors if the provider is a corporation,
18warrant the belief that the provider's business will be operated in compliance with
19this chapter, the division shall issue a certificate of registration to the provider. If the
20division does not make the finding, the division shall deny the provider's application.
AB1099,9,22 21(7) The division may not issue a certificate of registration under this section
22to a provider if any of the following applies:
AB1099,9,2323 (a) The provider fails to provide any information required under sub. (2).
AB1099,9,2524 (b) The department of revenue certifies under s. 73.0301 that the provider is
25liable for delinquent taxes.
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1(c) The department of workforce development certifies under s. 108.227 that
2the provider is liable for delinquent unemployment insurance contributions.
AB1099,10,7 3(8) A provider's certificate of registration remains in force and effect until the
4division suspends or revokes the certificate of registration in accordance with this
5chapter or the provider surrenders the certificate of registration. A registered
6provider shall, on or before each December 10, pay to the division the annual
7registration fee established by the division for the next succeeding calendar year.
AB1099,10,8 8(9) A provider may not assign a certificate of registration.
AB1099,10,11 9(10) A provider shall conspicuously post its certificate of registration at the
10provider's physical place of business, or, if the provider conducts business on an
11Internet site, the provider shall post its registration number on the Internet site.
AB1099,10,13 12203.04 Provider requirements; limitations. (1) A provider required to
13register under s. 203.03 (1) shall do all of the following:
AB1099,10,1514 (a) Provide proceeds to consumers on a nonrecourse basis and shall treat
15nonmandatory payments as nonrecourse payment obligations.
AB1099,10,1816 (b) Before providing proceeds to a consumer, inform the consumer in writing
17of any nonmandatory payments that may be associated with the provider providing
18earned income access services to consumers.
AB1099,10,2119 (c) Each time the provider provides proceeds to a consumer, inform the
20consumer when the provider will make its first attempt to collect repayment of those
21proceeds from the consumer.