§ 13-49-301 — Requirements for written contract -- Prohibited statements.

Utah § 13-49-301

• Jurisdiction: Utah
• Title 13: Commerce and Trade
• Ch. 13-49: Immigration Consultants Registration Act
• Part 13-49-3: Operational Requirements

Text

(1) (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.

Legislative History

Amended by Chapter 236, 2015 General Session