Operational Requirements

Utah Code tit. 13, ch. 13-49, pt. 13-49-P3

in effect

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

13-49-301. Requirements for written contract -- Prohibited statements. (1) (a) Before an immigration consultant may provide services to a client, the immigration consultant shall provide the client with a written contract. (b) The contents of a written contract described in this Subsection (1) shall comply with this section and rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) A client may cancel a written contract on or before midnight of the third business day after the day on which the immigration consultant and client execute 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: (a) state the purpose for which the client has hired the immigration consultant; (b) state the one or more services the immigration consultant will perform; (c) state the price for a service the immigration consultant will perform; (d) include a statement printed in 12-point boldface font that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs; (e) with regard to a document the immigration consultant prepares: (i) list the document the immigration consultant will prepare; (ii) explain the purpose of the document; (iii) explain the process the immigration consultant will follow in preparing of the document; (iv) explain the action the immigration consultant will take; (v) state the agency or office where the immigration consultant will file each document; and (vi) state the approximate processing times according to current published agency guidelines; (f) include a provision stating that the person may report complaints relating to an immigration consultant to the: (i) division, including a telephone number and website; and (ii) Office of Immigrant Assistance of the United States Department of Justice, including a telephone number and website; (g) include a provision stating that a person may report complaints concerning the unauthorized practice of law to the Utah State Bar, including a telephone number and website; and (h) in accordance with Subsection (1)(c), include a provision stating in 12-point boldface font 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: (a) a guarantee or promise, unless the immigration consultant has some basis in fact for making the guarantee or promise; or (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. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-302 Accounting for services -- Receipts.

13-49-302. Accounting for services -- Receipts. (1) (a) An immigration consultant shall provide a signed receipt to a client for each payment that the client, or a person acting on the client's behalf, makes. (b) The receipt described in Subsection (1)(a) shall be typed or computer generated on the immigration consultant's letterhead. (2) An immigration consultant shall make a statement of accounting for the services rendered and payments made: (a) in the client's native language; (b) to the client every two months; (c) that is typed or computer generated on the immigration consultant's letterhead; (d) that lists the individual charges and total charges for services; and (e) that lists the payments the client makes. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-303 Notice to be displayed -- Disclosure to be provided in writing.

13-49-303. Notice to be displayed -- Disclosure to be provided in writing. (1) Before providing a service, an immigration consultant shall provide a client with a written disclosure in the native language of the client that includes the following: (a) the immigration consultant's name, address, and telephone number; (b) the immigration consultant's agent for service of process; (c) evidence of the immigration consultant's compliance with any applicable surety bond or certificate of deposit requirement, including the bond number or certificate of deposit number; (d) a list of the services that the immigration consultant provides and the current and total fee for each service; and (e) a statement that the immigration consultant: (i) is not an attorney; and (ii) may not charge a client a fee for the referral of the client to another person for a service that the immigration consultant cannot or will not provide to the client. (2) An immigration consultant shall obtain the signature of the client verifying that the client received the written disclosures described in Subsection (1) before the immigration consultant provides a service. (3) Except as provided in Subsection (4), an immigration consultant who prints, displays, publishes, distributes, or broadcasts, or who causes to be printed, displayed, published, distributed, or broadcasted, an advertisement for services as an immigration consultant, shall include in the advertisement a clear and conspicuous statement that the immigration consultant is not an attorney. (4) (a) Subsection (3) does not apply to an immigration consultant who is not licensed as an attorney in a state or territory of the United States, but is authorized by federal law to represent a person before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (b) A person described in this Subsection (4) shall include in an advertisement for services as an immigration consultant a clear and conspicuous statement that the immigration consultant is not an attorney, but is authorized by federal law to represent a person before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (5) If an advertisement subject to this section is in a language other than English, the statement required by Subsection (3) shall be in the same language as the advertisement. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-305 Documents -- Treatment of original documents.

13-49-305. Documents -- Treatment of original documents. (1) (a) An immigration consultant shall deliver to a client a copy of a document the immigration consultant completes on behalf of the client. (b) An immigration consultant shall include on a document the immigration consultant delivers to a client the name and address of the immigration consultant. (2) An immigration consultant shall retain a copy of a document of a client for not less than three years from the day on which the immigration consultant makes the last service to the client. (3) An immigration consultant shall return to a client each original document that the client provides to the immigration consultant in support of the client's application including: (a) an original birth certificate; (b) a rental agreement; (c) a utility bill; (d) an employment document; (e) a registration document issued by the Division of Motor Vehicles; or (f) a passport. (4) An immigration consultant shall return to the client an original document that is not required to be submitted to immigration authorities as an original document immediately after the immigration consultant makes a copy. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-306 Denial, suspension, or revocation of an application or registration.

13-49-306. Denial, suspension, or revocation of an application or registration. In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if: (1) the division finds that the denial, suspension, or revocation is in the public interest; and (2) (a) the registration is incomplete, false, or misleading; or (b) the applicant: (i) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative order or judicial order issued in Utah or another state, if the order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving theft, fraud, or dishonesty; (v) obtains or attempts to obtain a registration by misrepresenting a material fact; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine that the division or an administrative or judicial order imposes; or (viii) fails to pay the fee to file a registration application or a renewal application. Enacted by Chapter 95, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter49/13-49-P3.html?v=C13-49-P3_1800010118000101Fetched: 10/26/2026