DAR File No. 39524

Commerce, Consumer Protection

Rule R152-49

Immigration Consultants Registration Act Rules

Notice of Proposed Rule

(New Rule)

DAR File No.: 39524
Filed: 07/21/2015 01:30:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Persons working in Utah as immigration consultants are required by statute to register with the Division of Consumer Protection (Division). This rule provides notice of the information and documents that affected persons must provide to the Division in order to register.

Summary of the rule or change:

Persons working in Utah as immigration consultants must provide to the Division copies of the contracts and disclosures that, under statute, they are required to provide to their clients. Affected persons must also supply records to verify their identity.

State statutory or constitutional authorization for this rule:

• Subsection 13-49-301(1)
• Subsection 13-2-5(1)
• Subsection 13-49-202(1)
• Subsection 13-49-303(2)

Anticipated cost or savings to:

the state budget:

The registration requirement is required by statute, and all attendant costs to the Division were considered in the legislative process. This rule does not create additional costs to the Division or the state.

local governments:

Local government is not required to comply with or enforce this rule. No fiscal impact to local government is anticipated.

small businesses:

Small businesses operating in Utah as immigration consultants must register with the Division of Consumer Protection. The registration costs were considered by the legislature in determining to require registration. This rule does not impose additional costs on small businesses.

persons other than small businesses, businesses, or local governmental entities:

Affected persons working in Utah as immigration consultants must register with the Division of Consumer Protection. The registration costs were considered by the legislature in determining to require registration. This rule does not impose additional costs on affected persons.

Compliance costs for affected persons:

To comply, an affected person must register with the Division prior to offering or providing immigration consulting services in Utah. The attendant costs were considered by the legislature in determining to require affected persons to register. Currently, the application fee is approximately $220, which includes the cost of a statutorily mandated background check.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule lists the information and records that persons who act as immigration consultants in Utah must provide to the Division of Consumer Protection. The costs of registering were considered by the legislature in determining to impose the requirement. No additional impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2015

This rule may become effective on:

09/21/2015

Authorized by:

Daniel O'Bannon, Director

R152. Commerce, Consumer Protection.

R152-49. Immigration Consultants Registration Act Rules.

R152-49-101. Authority and Purpose.

(1) Authority. These rules are promulgated under:

(a) Utah Code Subsection 13-2-5(1); and

(b) Utah Code Subsection 13-49-202(1).

(2) Purpose. These rules:

(a) prescribe certain contents of the application form that shall be submitted to the Division in order to request registration as an immigration consultant; and

(b) impose upon registered immigration consultants a duty to notify the Division of changes in information that is on record with the Division.

 

R152-49-202. Application for Registration -- Duty to Notify Division of Changes.

(1) In addition to the requirements contained in Utah Code Section 13-49-202, an applicant for registration as an immigration consultant shall submit a complete application form, including the following documents and information:

(a) photocopy of:

(i) a state-issued identification card or driver license;

(ii) a passport issued by the United States Department of State; or

(iii) an identification card issued by any branch of the United States armed forces;

(b) applicant's date of birth;

(c)(i) applicant's social security number, if the applicant has one; and

(ii) applicant's individual taxpayer identification number (ITIN), if the applicant has one;

(d) a complete list of:

(i) any other names used by the applicant at any time past or present; and

(ii) all entity names, including dbas, through which the applicant will engage in the activities of an immigration consultant;

(e) pursuant to Section 13-49-301(1), a copy of the contract that the applicant will use to create a contractual obligation with a client; and

(f) a copy of the disclosure document required under Section 13-49-303(2):

(i) written in English; and

(ii) written in each of the native languages of the applicant's clientele.

(2) Within 30 days of any change in information or documents that are on file with the Division, a registered immigration consultant shall:

(a) notify the Division in writing of the change; and

(b) provide to the Division current versions of any affected contracts, disclosures, and other documents.

 

KEY: immigration consultant, registration, consumer protection

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-49-202(1); 13-49-301(1); 13-49-303(2)