(a) Any person who performs or offers to perform PEO services as defined by the Code, must be licensed with the department.     
      (b) To obtain an original PEO license, a person must provide the department with all of the following required information, on forms prescribed by the executive director:      
        (1) a completed registration form, including any applicable attachments or application forms;       
        (2) a completed personal information form from each controlling person as defined in Texas Labor Code §91.001(7);       
        (3) fingerprint cards for the applicant and any controlling persons;       
        (4) a completed criminal history questionnaire, as applicable;       
        (5) documentation from the Texas Secretary of State recognizing the person's authority to do business in this state;       
        (6) proof of positive working capital as described under §72.40; and       
        (7) the required fees.       
      (c) Each individual applicant and all controlling persons must pass a background investigation that includes:      
        (1) A comparison of the person's fingerprints by appropriate state or federal law enforcement agencies with fingerprints on file; and       
        (2) A criminal history check with appropriate state and federal law enforcement agencies.       
      (d) Falsification of a required document by the applicant is grounds for denial and/or revocation of license.     
      (e) Falsification of documentation provided by a controlling person disqualifies that person from serving as a controlling person.     
     Source Note:        The provisions of this §72.20 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective April 1, 2004, 29 TexReg 3173; amended to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512