(a) An employing unit may cease to be an employer only on January 1 of a year and only if the commission finds that:
(1) the employing unit was not an employer during the preceding year; or
(2) the employing unit has not had any individuals in employment during the preceding three calendar years.
(b) The commission may not make a finding under Subsection (a)(1) unless the employing unit files an application for termination of coverage with the commission on or after January 1 but before April 1 of the year for which termination is requested. The commission may make a finding under Subsection (a)(2) without an application having been filed.