A payroll processor is subject to a civil penalty or a civil forfeiture in accordance
with the following.
A. A payroll processor that fails to provide the disclosure statement required by section
1495-B to an employer for which it provides payroll processing services commits a
civil violation for which a forfeiture of not less than $50 nor more than $250 may
be adjudged. Each failure to notify a particular client constitutes a separate violation
for the purposes of this section. An action for a civil violation under this subsection
must be brought within 2 years after the date on which disclosure should have been
made. An owner or operator of a payroll processor may not be held liable for a civil
violation under this subsection if that person shows by a preponderance of the evidence
that the violation was unintentional. [1997, c. 495, §1 (NEW).]
B. A payroll processor that conducts business in this State and fails to obtain a license
from the administrator as required by section 1495-D commits a civil violation for
which a penalty of not less than $1,500 nor more than $7,500 may be adjudged. [2003, c. 668, §5 (AMD); 2003, c. 668, §12 (AFF).]
1997, c. 495, §1 (NEW);
2003, c. 668, §5 (AMD);
2003, c. 668, §12 (AFF)
A payroll processor is a fiduciary for purposes of Title 17-A, section 903.
1997, c. 495, §1 (NEW)
1997, c. 495, §1 (NEW).
2003, c. 668, §5 (AMD).
2003, c. 668, §12 (AFF).
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