reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 22441 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22441.

22441.  (a) A person engages in the business or acts in the capacity of an immigration consultant when that person gives nonlegal assistance or advice on an immigration matter. That assistance or advice includes, but is not limited to, the following:(1) Completing a form provided by a federal or state agency but not advising a person as to their answers on those forms.(2) Translating a person’s answers to questions posed in those forms.(3) Securing for a person supporting documents, such as birth certificates, which may be necessary to complete those forms.(4) Submitting completed forms on a person’s behalf and at their request to the United States Citizenship and Immigration Services.(5) Making referrals to persons who could undertake legal representation activities for a person in an immigration matter.(b) “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor.(c) “Compensation” means money, property, or anything else of value.(d) Every person engaged in the business or acting in the capacity of an immigration consultant shall only offer nonlegal assistance or advice in an immigration matter as defined in subdivision (a). Any act in violation of subdivision (a) is a violation of this chapter.(Amended by Stats. 2004, Ch. 557, Sec. 2. Effective January 1, 2005.)
CA Bus & Prof Code § 22441.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22441.1.

22441.1.  (a) A person engaged in the business or acting in the capacity of an immigration consultant shall satisfactorily pass a background check conducted by the Secretary of State.(b) The Secretary of State shall disqualify an individual from acting as an immigration consultant for any of the following reasons:(1) Conviction of a felony.(2) Conviction of a disqualifying misdemeanor where not more than 10 years have passed since the completion of probation. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this paragraph. The list of disqualifying misdemeanors shall be the same as the disqualifying misdemeanors applicable to notaries public appointed and commissioned pursuant to Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code.(3) Failure to disclose any arrest or conviction in the disclosure form required pursuant to subdivision (c) of Section 22443.1.(c) The Secretary of State shall complete a background check on every person engaged in the business or acting in the capacity of an immigration consultant who was bonded and qualified pursuant to this chapter on or before December 31, 2006.(d) The Secretary of State shall not file a bond, disclosure form, or photograph from a person who has failed to pass the background check required by this section.(Added by Stats. 2006, Ch. 605, Sec. 2. Effective January 1, 2007.)
CA Bus & Prof Code § 22442.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22442.1.

22442.1.  (a) A person engaged in the business or acting in the capacity of an immigration consultant shall provide a signed receipt to a client for each payment made by that client. The receipt shall be typed or computer generated on the consultant’s letterhead.(b) A statement of accounting for the services rendered and payments made shall be provided to the client every two months, shall be typed or computer generated on the immigration consultant’s letterhead, and shall display the individual charges and total charges for services and the client’s payments offsetting those charges. The consultant shall provide the client a written translation of the statement in the client’s native language.(Added by Stats. 2003, Ch. 384, Sec. 2. Effective January 1, 2004.)
CA Bus & Prof Code § 22442.3 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22442.3.

22442.3.  (a) An immigration consultant shall not, with the intent to mislead, literally translate, from English into another language, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material describing the immigration consultant. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited.(b) For purposes of this section, “literal translation of” or “to literally translate” a word, title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated.(c) An immigration consultant may not make or authorize the making of any verbal or written references to his or her compliance with the bonding requirements of Section 22443.1 except as provided in this chapter.(d) A violation of subdivision (a) or (c) by an immigration consultant shall constitute a violation of subdivision (a) of Section 6126.(e) (1) In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:(A) The nature and severity of the misconduct.(B) The number of violations.(C) The length of time over which the misconduct occurred, and the persistence of the misconduct.(D) The willfulness of the misconduct.(E) The defendant’s assets, liabilities, and net worth.(3) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.(4) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.(Amended by Stats. 2013, Ch. 574, Sec. 4. (AB 1159) Effective October 5, 2013.)
CA Bus & Prof Code § 22442.4 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22442.4.

22442.4.  (a) A person engaged in the business or acting in the capacity of an immigration consultant shall submit to the Department of Justice, fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the Department of Justice establishes that the person is free on bail, or on his or her recognizance, pending trial or appeal. An immigration consultant who has been issued a bond as described in Section 22443.1 on or before December 31, 2006, shall submit the fingerprint images and related information to the Department of Justice on or before July 1, 2007.(b) The Department of Justice shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information.(c) The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Secretary of State pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.(d) The Secretary of State shall request from the Department of Justice subsequent arrest notification service, pursuant to Section 11105.2 of the Penal Code, for each person who submitted information pursuant to subdivision (a).(e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this section.(f) The Secretary of State shall not post on its Internet Web site information received from the Department of Justice.(Added by Stats. 2006, Ch. 605, Sec. 4. Effective January 1, 2007.)
CA Bus & Prof Code § 22442.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22442.5.

22442.5.  (a) An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.(b) For purposes of this section, the following definitions apply:(1) “Immigration reform act” means either of the following:(A) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.(B) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.(2) “Immigration reform act services” means services described in Section 22441 that are provided in connection with an immigration reform act.(c) The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:(1) After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.(2) After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.(Amended by Stats. 2015, Ch. 6, Sec. 3. (AB 60) Effective June 17, 2015.)
CA Bus & Prof Code § 22443 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22443.

22443.  (a) A person engaged in the business or acting in the capacity of an immigration consultant shall deliver to a client a copy of each document or form completed on behalf of the client. Each document and form delivered must include the name and address of the immigration consultant.(b) (1) A person engaged in the business or acting in the capacity of an immigration consultant shall retain copies of all documents and forms of a client for not less than three years from the date of the last service to the client.(2) Upon presentation of a written consent signed by a client, an immigration consultant shall provide a copy of the client file to law enforcement without a warrant or a subpoena.(c) (1) A person engaged in the business or acting in the capacity of an immigration consultant shall return to a client all original documents, including, but not limited to, original birth certificates, rental agreements, utility bills, employment stubs, Department of Motor Vehicle licenses with dates of entry, and passports, that the client has provided to the consultant in support of the client’s application.(2) Any original document that does not need to be submitted to immigration authorities as an original document shall be returned by the immigration consultant immediately after making a copy or reproduction thereof.(Amended by Stats. 2003, Ch. 384, Sec. 4. Effective January 1, 2004.)
CA Bus & Prof Code § 22443.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22443.2.

22443.2.  (a) The Secretary of State shall issue a cease and desist order to a person subject to this chapter’s provisions who has failed to comply with the provisions governing the filing and maintenance of bonds or who does not satisfactorily pass a background check required by Section 22441.1, and shall give notice of the person’s noncompliance or failure to satisfactorily pass the background check to the Attorney General. Prior to issuing a cease and desist order to a person pursuant to this subdivision, the Secretary of State shall provide the person with notice and an opportunity to demonstrate that grounds do not exist for disqualification.(b) For orders issued for failure to comply with the provisions governing the filing and maintenance of bonds, the order shall include a statement that notice of the person’s noncompliance shall be sent to the Attorney General.(Added by Stats. 2006, Ch. 605, Sec. 6. Effective January 1, 2007.)
CA Bus & Prof Code § 22443.3 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22443.3.

22443.3.  It is unlawful for any person to disseminate by any means any statement indicating directly or by implication that the person engages in the business or acts in the capacity of an immigration consultant, or proposes to engage in the business or act in the capacity of an immigration consultant, unless the person has on file with the Secretary of State a disclosure statement and a bond, in the amount of, and subject to the terms described in, Section 22443.1, that is maintained throughout the period covered by the statement, such as, but not limited to, the period of a Yellow Pages listing.(Amended by Stats. 2006, Ch. 605, Sec. 7. Effective January 1, 2007.)
CA Bus & Prof Code § 22444 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22444.

22444.  It is unlawful for any person engaged in the business or acting in the capacity of an immigration consultant to do any of the following acts:(a) Make false or misleading statements to a client while providing services to that client.(b) Make any guarantee or promise to a client, unless the guarantee or promise is in writing and the immigration consultant has some basis in fact for making the guarantee or promise.(c) Make any statement that the immigration consultant can or will obtain special favors 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.(d) Charge a client a fee for referral of the client to another for services which the immigration consultant cannot or will not provide to the client. A sign setting forth this prohibition shall be conspicuously displayed in the immigration consultant’s office.(Amended by Stats. 2004, Ch. 557, Sec. 7. Effective January 1, 2005.)
CA Bus & Prof Code § 22445 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22445.

22445.  (a) (1) A person who violates this chapter shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney. An action brought in the name of the people of the State of California shall not preclude an action being brought by an injured person.(2) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.(3) Any action brought pursuant to this section by the Attorney General, a district attorney, or a city attorney shall also seek relief under subdivision (c) of Section 22446.5.(4) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.(b) In addition to the provisions of subdivision (a), a violation of this chapter is a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), as to each client with respect to whom a violation occurs, or imprisonment in the county jail for not more than one year, or by both fine and imprisonment. However, payment of restitution to a client shall take precedence over payment of a fine.(c) A second or subsequent violation of Sections 22442.2, 22442.3, and 22442.4 is a misdemeanor subject to the penalties specified in subdivisions (a) and (b). A second or subsequent violation of any other provision of this chapter is a felony punishable by imprisonment in state prison.(d) An action brought pursuant to this section shall be commenced within four years after discovery of the commission of the offense.(Amended by Stats. 2006, Ch. 605, Sec. 8. Effective January 1, 2007.)
CA Bus & Prof Code § 22446.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22446.5.

22446.5.  (a) A person claiming to be aggrieved by a violation of this chapter by an immigration consultant may bring a civil action for injunctive relief or damages, or both. If the court finds that the defendant has violated a provision of this chapter, it shall award actual damages, plus an amount equal to treble the amount of actual damages or one thousand dollars ($1,000) per violation, whichever is greater. The court shall also grant a prevailing plaintiff reasonable attorneys’ fees and costs.(b) Any other party who, upon information and belief, claims a violation of this chapter has been committed by an immigration consultant may bring a civil action for injunctive relief on behalf of the general public and, upon prevailing, shall recover reasonable attorneys’ fees and costs.(c) The Attorney General, a district attorney, or a city attorney who claims a violation of this chapter has been committed by an immigration consultant, may bring a civil action for injunctive relief, restitution, and other equitable relief against the immigration consultant in the name of the people of the State of California.(d) An action brought under this chapter shall be set for trial at the earliest possible date, and shall take precedence over all other cases, except older matters of the same character and matters to which special preference may be given by law.(Amended by Stats. 2002, Ch. 705, Sec. 2. Effective January 1, 2003.)
CA Bus & Prof Code § 22447 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22447.

22447.  (a) A person who is awarded damages in an action or proceeding for injuries caused by the acts of a person engaged in the business of, or acting in the capacity of, an immigration consultant, in the performance of his or her duties as an immigration consultant, may recover damages from the bond required by Section 22443.1. In an action brought by the Attorney General, a district attorney, or a city attorney, the court may order relief for benefit of the injured parties to be paid from the bond.(b) When any claim or claims against a bond have been paid so as to reduce the principal amount of the bond remaining available to pay claims below the principal amount required by Section 22443.1, the immigration consultant shall cease to conduct any business unless and until the bond has been reinstated up to the minimum amount required by Section 22443.1.(Amended by Stats. 2002, Ch. 705, Sec. 3. Effective January 1, 2003.)
CA Bus & Prof Code § 22448 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 8 - SPECIAL BUSINESS REGULATIONS|CHAPTER 19.5 - Immigration Consultants|Section 22448.

22448.  Any civil action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action has accrued. The cause of action is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the violation.(Added by Stats. 1998, Ch. 879, Sec. 27. Effective January 1, 1999.)