§ 13-49-204. Bonds -- Exemption -- Statements dependent on posting bond.

(1) Except as provided in Subsection (6), 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 attorney general; 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 person'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(b) No part of a bond posted by an immigration consultant under this section may be withdrawn: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 person.

(5)

(a) A bond posted under this section by an immigration consultant may be forfeited if the person'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) The requirements of this section do not apply to an employee of a nonprofit, tax-exempt corporation who assists clients to complete an application document in an immigration matter, free of charge or for a fee, including reasonable costs, consistent with that authorized by the Board of Immigration Appeals under 8 C.F.R. Sec. 292.2.

(7) A person may not disseminate by any means a statement indicating that the person 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 person has posted a bond under this section that is maintained throughout the period covered by the statement, such as a listing in a telephone book.

(8) 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 124, 2013 General Session
Amended by Chapter 278, 2013 General Session