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 304 – Translations — Prohibited acts.
Effective 5/12/2015 13-49-304. Translations — Prohibited acts. (1) For purposes of this section, “literal translation” of a word or phrase from one language means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated. (2) An immigration consultant may not, […]
Section 201 – Requirement to be registered as an immigration consultant — Exemptions.
Effective 5/10/2016 13-49-201. Requirement to be registered as an immigration consultant — Exemptions. (1) (a) Except as provided in Subsection (1)(b), an individual may not engage in an activity of an immigration consultant for compensation unless the individual is registered under this chapter. (b) Except for Subsections 13-49-303(3) and (4), this chapter does not apply […]
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 […]