Section 305 – Documents — Treatment of original documents.
Effective 5/12/2015 13-49-305. Documents — Treatment of original documents. (1) An immigration consultant shall deliver to a client a copy of a document completed on behalf of the client. An immigration consultant shall include on a document delivered to a client the name and address of the immigration consultant. (2) An immigration consultant shall retain […]
Section 401 – Unlawful acts.
13-49-401. Unlawful acts. (1) It is unlawful for an immigration consultant to: (a) make a false or misleading statement to a client while providing services to that client; (b) make a guarantee or promise to a client, unless the guarantee or promise is in writing and the immigration consultant has some basis in fact for […]
Section 402 – Violations — Actions by division.
Effective 5/12/2015 13-49-402. Violations — Actions by division. (1) The division may make an investigation the division considers necessary to determine whether a person is violating, has violated, or is about to violate this chapter or any rule made or order issued under this chapter. As part of the investigation, the division may: (a) require […]
Section 403 – Action by attorney general or district or county attorney.
13-49-403. Action by attorney general or district or county attorney. (1) Upon referral from the division, the attorney general or any district or county attorney may: (a) bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this part; (b) bring an action in […]
Section 404 – Recovery of losses.
13-49-404. Recovery of losses. In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this chapter may bring an action in any court of competent jurisdiction and may recover: (1) the greater of $500 or twice the amount of the pecuniary loss; and (2) court costs […]
Section 202 – Application for registration.
Effective 5/12/2015 13-49-202. Application for registration. (1) To register as an immigration consultant an individual shall: (a) submit an annual application in a form prescribed by the division; (b) pay an annual registration fee determined by the department in accordance with Section 63J-1-504, which includes the costs of the criminal background check required under Subsection […]
Section 203 – Requirement to submit to criminal background check.
Effective 5/10/2016 13-49-203. Requirement to submit to criminal background check. (1) The division shall require an applicant for registration as an immigration consultant to: (a) submit a fingerprint card in a form acceptable to the division; and (b) consent to a fingerprint criminal background check by the Utah Bureau of Criminal Identification. (2) (a) The […]
Section 204 – Bonds — Exemption — Statements dependent on posting bond.
Effective 5/12/2015 13-49-204. Bonds — Exemption — Statements dependent on posting bond. (1) An immigration consultant shall post a cash bond or surety bond: (a) in the amount of $50,000; and (b) payable to the division for the benefit of any person damaged by a fraud, misstatement, misrepresentation, unlawful act, omission, or failure to provide […]
Section 301 – Requirements for written contract — Prohibited statements.
Effective 5/12/2015 13-49-301. Requirements for written contract — Prohibited statements. (1) (a) Before an immigration consultant may provide services to a client, the immigration consultant shall provide the client with a written contract. The contents of the written contract shall comply with this section and rules made by the division in accordance with Title 63G, […]
Section 302 – Accounting for services — Receipts.
13-49-302. Accounting for services — Receipts. (1) An immigration consultant shall provide a signed receipt to a client for each payment made by that client. The receipt shall be typed or computer generated on the immigration consultant’s letterhead. (2) An immigration consultant shall make a statement of accounting for the services rendered and payments made: […]