Utah Code 13-49-301. Requirements for written contract — Prohibited statements
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Terms Used In Utah Code 13-49-301
- Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Commerce. See Utah Code 13-49-102
- Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
- 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
- Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
(6)(a) immigration and naturalization law;(6)(b) executive order or presidential proclamation; or(6)(c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. 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- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(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, Chapter 3, Utah Administrative Rulemaking Act.(1)(b) A client may cancel a written contract on or before midnight of the third business day after execution of the written contract, excluding weekends and state and federal holidays.(2) A written contract under this section shall be stated in both English and in the client’s native language.(3) A written contract under this section shall:(3)(a) state the purpose for which the immigration consultant has been hired;(3)(b) state the one or more services to be performed;(3)(c) state the price for a service to be performed;(3)(d) include a statement printed in 10-point boldface type that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs;(3)(e) with regard to a document to be prepared by the immigration consultant:(3)(e)(i) list the document to be prepared;(3)(e)(ii) explain the purpose of the document;(3)(e)(iii) explain the process to be followed in preparing of the document;(3)(e)(iv) explain the action to be taken by the immigration consultant;(3)(e)(v) state the agency or office where each document will be filed; and(3)(e)(vi) state the approximate processing times according to current published agency guidelines;(3)(f) include a provision stating that the person may report complaints relating to an immigration consultant to the:(3)(f)(i) division, including a toll-free telephone number and Internet web site; and(3)(f)(ii) Office of Immigrant Assistance of the United States Department of Justice, including a toll-free telephone number and Internet website;(3)(g) include a provision stating that complaints concerning the unauthorized practice of law may be reported to the Utah State Bar, including a toll-free telephone number and Internet website; and(3)(h) in accordance with Subsection (1)(b), include a provision stating in bold on the first page of the written contract in both English and in the client’s native language in accordance with Subsection (2): “You may cancel this contract on or before midnight of the third business day after execution of the written contract.”(4) A written contract may not contain a provision relating to the following:(4)(a) a guarantee or promise, unless the immigration consultant has some basis in fact for making the guarantee or promise; or(4)(b) a statement that the immigration consultant can or will obtain a special favor from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client’s immigration matter.(5) An immigration consultant may not make a statement described in Subsection (4) orally to a client.(6) A written contract is void if not written in accordance with this section. - Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under: