Effective 5/12/2015
13-49-204. Bonds — Exemption — Statements dependent on posting bond.
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 services of an immigration consultant, or an agent, representative, or employee of an immigration consultant.
- (2) A bond required under this section shall be:
- (a) in a form approved by the division; and
- (b) conditioned upon the faithful compliance of an immigration consultant with this chapter and division rules.
- (3) An immigration consultant shall keep the bond required under this section in force for one year after the immigration consultant’s registration expires or the immigration consultant notifies the division in writing that the immigration consultant has ceased all activities regulated under this chapter.
- (4)
- (a) If a surety bond posted by an immigration consultant under this section is canceled due to the immigration consultant’s negligence, the division may assess a $300 reinstatement fee.
- (b) No part of a bond posted by an immigration consultant under this section may be withdrawn:
- (i) during the one-year period the registration under this chapter is in effect; or
- (ii) while a revocation proceeding is pending against the immigration consultant.
- (5)
- (a) A bond posted under this section by an immigration consultant may be forfeited if the immigration consultant’s registration under this chapter is revoked.
- (b) Notwithstanding Subsection (5)(a), the division may make a claim against a bond posted by an immigration consultant for money owed the division under this chapter without the division first revoking the immigration consultant’s registration.
- (6) An individual may not disseminate by any means a statement indicating that the individual is an immigration consultant, engages in the business of an immigration consultant, or proposes to engage in the business of an immigration consultant, unless the individual has posted a bond under this section that is maintained throughout the period covered by the statement.
- (7) An immigration consultant may not make or authorize the making of an oral or written reference to the immigration consultant’s compliance with the bonding requirements of this section except as provided in this chapter.
Amended by Chapter 236, 2015 General Session