§ 63G-12-207. Application and renewal process.

(1) The department may not issue a permit under this part until the program is implemented under Section 63G-12-202.

(2) The department shall:

(a) create a permit that:

(i) is of impervious material that is resistant to wear or damage; and

(ii) minimizes the risk that the permit may be forged, falsified, or counterfeited; and

(b) ensure that a permit:

(i) includes a photograph of the undocumented individual to whom the permit is issued;

(ii) prominently states the day on which the permit expires; and

(iii) prominently states the type of permit.

(3) A permit expires two years from the day on which the department issues the permit.

(4)

(a) Before an undocumented individual may apply for an initial permit under this part the undocumented individual shall commit to pay a fine equal to:

(i) $1,000, if the undocumented individual enters into the United States legally, but at the time of paying the fine is not in compliance with the Immigration and Nationality Act, 8 U.S.C. Sec. 1101 et seq. with regard to presence in the United States; or

(ii) $2,500, if the undocumented individual enters into the United States illegally.

(b) The department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, shall make rules that provide for:

(i) how an undocumented individual demonstrates a commitment to pay the fine required under Subsection (4)(a);

(ii) one or more payment plans that an undocumented individual may use to pay a fine required under Subsection (4)(a); and

(iii) the consequences for failure to pay the entire amount of a fine required under Subsection (4)(a).

(5) After committing to pay the fine in accordance with Subsection (4), to apply for or renew a permit, an undocumented individual shall submit to the department, in a form acceptable under this part:

(a) an application;

(b) documentation of meeting the criteria in Section 63G-12-205 or 63G-12-206;

(c) for a renewal, documentation of efforts to comply with Section 63G-12-209;

(d) a signed statement verifying the information in the application and documentation; and

(e) a fee established by the department in accordance with Section 63J-1-504.

(6) If an undocumented individual submits a complete application under Subsection (5) and the department determines that the undocumented individual meets the criteria of Section 63G-12-205 or 63G-12-206, the department shall issue or renew:

(a) a guest worker permit, if the undocumented individual qualifies under Section 63G-12-205; and

(b) an immediate family permit, if the undocumented individual qualifies under Section 63G-12-206.

(7) An undocumented individual may appeal a denial of a permit under this section in accordance with Chapter 4, Administrative Procedures Act.

(8)

(a) If a waiver, exemption, or authorization provides for the following, in addition to the requirements of Subsection (5), for an application to be considered complete for purposes of Subsection (6) an undocumented individual applying for a guest worker permit shall:

(i) post a bond with the department in the amount of $10,000 against which the department may bring an action for a violation of this part; or

(ii) provide written certification by the undocumented individual's country of origin in accordance with Subsection (8)(b) of a guarantee of compliance with this part.

(b)

(i) In accordance with Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for what the department would consider being a "guarantee of compliance" by a country of origin for purposes of Subsection (8)(a).

(ii) A rule made under this Subsection (8)(b) shall provide that the department may not accept a guarantee of compliance from a specific foreign country if the department determines a significant percentage of the guest workers who submit a guarantee of compliance from that foreign country cannot be located after or during the term of a guest worker permit.

Enacted by Chapter 18, 2011 General Session