Utah Code 13-49-204. Bonds — Exemption — Statements dependent on posting bond
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(1) An immigration consultant shall post a cash bond or surety bond:
Terms Used In Utah Code 13-49-204
- Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
- Fraud: Intentional deception resulting in injury to another.
- Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:(5)(a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;(5)(b) translating a person's answer to a question posed in a document provided by a federal or state agency;(5)(c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;(5)(d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or(5)(e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) in the amount of $50,000; and(1)(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:(2)(a) in a form approved by the division; and(2)(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)(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.(4)(b) No part of a bond posted by an immigration consultant under this section may be withdrawn:(4)(b)(i) during the one-year period the registration under this chapter is in effect; or(4)(b)(ii) while a revocation proceeding is pending against the immigration consultant.(5)(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.(5)(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. - Person: means :