reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48 - Motor Vehicle Rental Company Disclosure Act › Section 103 - Motor vehicle rental company -- Fee disclosure and collection requirements.

13-48-103.
Motor vehicle rental company -- Fee disclosure and collection requirements.
(1) A motor vehicle rental company may include separately stated surcharges, fees, or charges in a rental agreement, including:
(a) motor vehicle license cost recovery fees;
(b) airport access fees;
(c) airport concession fees; and
(d) all applicable taxes.
(2) If a motor vehicle rental company includes a motor vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the motor vehicle rental company's good-faith estimate of the motor vehicle rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual motor vehicle titling, registration, obtaining license plates, and motor vehicle inspection and emission costs.
(3) If the total amount of the motor vehicle license cost recovery fees collected by a motor vehicle rental company under this section in any calendar year exceeds the motor vehicle rental company's actual costs to license, title, register, and obtain license plates for the motor vehicles and have the motor vehicles pass inspections and emissions for that calendar year, the motor vehicle rental company shall retain the excess amount and adjust the estimated average per motor vehicle license cost recovery fee for the following calendar year by the corresponding amount.
Enacted by Chapter 357, 2011 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 1 - General Provisions › Section 102 - Limits on reach of chapter.

Effective 7/1/2023
13-48a-102.
Limits on reach of chapter.
Nothing in this chapter:
(1) limits the liability of a car-sharing program for an act or omission of the car-sharing program that results in injury to a person as a result of the use of a shared vehicle through a car-sharing program; or
(2) limits the ability of the car-sharing program, by contract, to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the car-sharing program resulting from a breach of the terms and conditions of the car-sharing agreement.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 2 - Consumer Protection Provisions › Section 201 - Notification about possible violation of lienholder agreement.

Effective 7/1/2023
13-48a-201.
Notification about possible violation of lienholder agreement.
(1) As used in this section, "lienholder agreement" means an agreement between the owner of a motor vehicle and another person under which the other person has a lien against the motor vehicle.
(2) At the time that the owner of a motor vehicle registers to make the owner's motor vehicle available for sharing through a car-sharing program, the car-sharing program shall notify the owner that the use of the owner's motor vehicle through the car-sharing program, including without physical damage coverage, may violate the terms of a lienholder agreement that the motor vehicle may be subject to.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 2 - Consumer Protection Provisions › Section 202 - Safety recalls.

Effective 7/1/2023
13-48a-202.
Safety recalls.
(1) At the time that the owner of a motor vehicle registers to make the owner's motor vehicle available for sharing through a car-sharing program, the car-sharing program shall:
(a) verify that the shared vehicle does not have any safety recalls for which the repairs have not been made; and
(b) notify the motor vehicle owner of the requirements under Subsections (2), (3), and (4).
(2) An owner of a motor vehicle may not register to make the owner's motor vehicle available for sharing through a car-sharing program if:
(a) the owner has received an actual notice of a safety recall applicable to the motor vehicle; and
(b) the safety recall repair has not been made.
(3) A shared vehicle owner who receives an actual notice of a safety recall applicable to the shared vehicle during the time that the shared vehicle is made available for sharing through a car-sharing program shall, as soon as practicably possible after receiving the notice, remove the shared vehicle from availability for sharing through the car-sharing program until the safety recall repair is made.
(4) A shared vehicle owner who receives an actual notice of a safety recall applicable to the shared vehicle during the time that the shared vehicle is in the possession of a shared vehicle driver under a car-sharing agreement shall, as soon as practicably possible after receiving the notice, notify the car-sharing program about the safety recall so that the shared vehicle owner may address the safety recall repair.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 2 - Consumer Protection Provisions › Section 203 - Required disclosures for a car-sharing agreement.

Effective 7/1/2023
13-48a-203.
Required disclosures for a car-sharing agreement.
A car-sharing agreement shall disclose to the shared vehicle owner and the shared vehicle driver:
(1) a right of the car-sharing company to seek indemnification from the shared vehicle owner or shared vehicle driver for economic loss resulting from a breach of the car-sharing agreement;
(2) that a motor vehicle liability insurance policy issued to the shared vehicle owner or shared vehicle driver does not provide a defense or indemnification for any claim asserted by the car-sharing company;
(3) that the car-sharing program's insurance policy covering the shared vehicle owner and the shared vehicle driver is in effect only during the car-sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car-sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
(4) of the daily rate, fees, and, if applicable, insurance or protection package costs that are charged to the shared vehicle owner or shared vehicle driver;
(5) that the shared vehicle owner's motor vehicle liability insurance policy may not provide coverage for the shared vehicle;
(6) of an emergency telephone number to contact personnel capable of fielding roadside assistance or other customer service inquiries; and
(7) whether there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared vehicle.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 2 - Consumer Protection Provisions › Section 204 - Records relating to the use of shared vehicles.

Effective 7/1/2023
13-48a-204.
Records relating to the use of shared vehicles.
(1) A car-sharing program shall collect and verify records pertaining to the use of a shared vehicle, including times used, car-sharing period pick up and drop off locations, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner, and provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation, settlement, negotiation, or litigation.
(2) The car-sharing program shall retain the records for a time period not less than two years.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 2 - Consumer Protection Provisions › Section 205 - GPS or other special equipment.

Effective 7/1/2023
13-48a-205.
GPS or other special equipment.
(1) A car-sharing program:
(a) has sole responsibility for any GPS or other special equipment that the car-sharing company places on or in a shared vehicle to monitor the shared vehicle or facilitate the car-sharing agreement; and
(b) shall agree to indemnify and hold harmless the shared vehicle owner for any damage to the shared vehicle that:
(i) is a result of damage to or theft of equipment described in Subsection (1)(a);
(ii) occurs during the car-sharing period; and
(iii) is not caused by the shared vehicle owner.
(2) A car-sharing program may seek indemnity from a shared vehicle driver for any loss of or damage to equipment described in Subsection (1)(a) that occurs during the car-sharing period.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 3 - Liability and Insurance for Covered Loss from Operation of Shared Vehicle › Section 301 - Car-sharing company assumption of liability for a covered loss -- Exception.

Effective 7/1/2023
13-48a-301.
Car-sharing company assumption of liability for a covered loss -- Exception.
(1) Except as provided in Subsection (2), a car-sharing program shall assume liability of a shared vehicle owner for bodily injury or property damage to third parties or personal injury protection losses during the car-sharing period in an amount stated in the car-sharing agreement, which amount may not be less than those set forth in Section 31A-22-304.
(2) Notwithstanding the definition of car-sharing termination time, the assumption of liability under Subsection (1) does not apply to a shared vehicle owner when:
(a) a shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the car-sharing program before the car-sharing period in which the loss occurred; or
(b) acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car-sharing agreement.
(3) Notwithstanding the definition of car-sharing termination time, the assumption of liability under Subsection (1) would apply to bodily injury, property damage, or personal injury protection losses by damaged third parties required by Section 31A-22-304.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 3 - Liability and Insurance for Covered Loss from Operation of Shared Vehicle › Section 302 - Motor vehicle liability insurance.

Effective 7/1/2023
13-48a-302.
Motor vehicle liability insurance.
(1) A car-sharing program shall ensure that, during each car-sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides coverage in amounts no less than the minimum amounts set forth in Section 31A-22-304, and:
(a) recognizes that the shared vehicle insured under the policy is made available and used through a car-sharing program; or
(b) does not exclude use of a shared vehicle by a shared vehicle driver.
(2) The insurance described in Subsection (1) may be satisfied by motor vehicle liability insurance maintained by:
(a) a shared vehicle owner;
(b) a shared vehicle driver;
(c) a car-sharing program; or
(d) a shared vehicle owner, a shared vehicle driver, and a car-sharing program.
(3) The insurance described in Subsection (1) that is satisfying the insurance requirement of Subsection (1) shall be primary during each car-sharing period and in the event that a claim occurs in another state with minimum financial responsibility limits higher than those in Section 31A-22-304, during the car-sharing period, the coverage maintained under Subsection (2) shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
(4) The insurer, insurers, or car-sharing program providing coverage under Subsection (1) or (2) shall assume primary liability for a claim when:
(a) a dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the car-sharing program does not have available, did not retain, or fails to provide the information required by Section 13-48a-203; or
(b) a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under Section 13-48a-101.
(5) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with Subsection (2) has lapsed or does not provide the required coverage, insurance maintained by the car-sharing program shall provide the coverage required by Subsection (1) beginning with the first dollar of a claim and have the duty to defend the claim except under circumstances set forth in Subsection 13-48a-301(2).
(6) Coverage under an automobile insurance policy maintained by the car-sharing program is not dependent on another automobile insurer first denying a claim, nor shall another automobile insurance policy be required to first deny a claim.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 3 - Liability and Insurance for Covered Loss from Operation of Shared Vehicle › Section 303 - Certain abilities of insurance companies preserved.

Effective 7/1/2023
13-48a-303.
Certain abilities of insurance companies preserved.
(1)
(a) A motor vehicle liability insurance policy may exclude coverage and a duty to defend or indemnify with respect to a claim arising during a motor vehicle's use as a shared vehicle, based on the motor vehicle's use as a shared vehicle.
(b) Coverage that may be excluded as provided in Subsection (1) includes coverage for:
(i) bodily injury or property damage suffered by a third party;
(ii) a claim covered by uninsured motorist coverage described in Section 31A-22-305;
(iii) a claim covered by underinsured motorist coverage described in Section 31A-22-305.5;
(iv) a claim covered by personal injury protection coverage and benefits described in Section 31A-22-307;
(v) a claim for medical payments;
(vi) a claim for comprehensive physical damage; and
(vii) a claim for collision physical damage.
(2) Nothing in this chapter invalidates, limits, or restricts the ability of an insurance company under other applicable law to:
(a) underwrite an insurance policy; or
(b) cancel or fail to renew an insurance policy.
(3) Nothing in this chapter invalidates or limits a provision in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use, that excludes coverage for a motor vehicle made available for rent, sharing, hire, or any business use.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 3 - Liability and Insurance for Covered Loss from Operation of Shared Vehicle › Section 304 - Insurable interest -- Insurance to cover various liabilities -- No liability to maintain certain insurance.

Effective 7/1/2023
13-48a-304.
Insurable interest -- Insurance to cover various liabilities -- No liability to maintain certain insurance.
(1) Notwithstanding any other provision of law, a car-sharing program has an insurable interest in a shared vehicle during the car-sharing period.
(2) A car-sharing program may own and maintain as the named insured one or more policies of motor vehicle insurance that provide coverage for:
(a) a liability assumed by the car-sharing program under a car-sharing agreement;
(b) a liability of the shared vehicle owner;
(c) a liability of the shared vehicle driver; or
(d) damage or loss to a shared vehicle.
(3) Nothing in this section requires a car-sharing program to maintain insurance coverage for the car-sharing program's liability under this chapter.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 3 - Liability and Insurance for Covered Loss from Operation of Shared Vehicle › Section 305 - Recovery for claim excluded from insurance policy.

Effective 7/1/2023
13-48a-305.
Recovery for claim excluded from insurance policy.
An insurance company that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the insurance company's policy shall have the right to seek recovery against the motor vehicle insurer of the car-sharing program if the claim is:
(1) made against the shared vehicle owner or shared vehicle driver for a loss or injury that occurs during the car-sharing period; and
(2) excluded under the terms of the policy of the insurance company that defends or indemnifies the claim.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 3 - Liability and Insurance for Covered Loss from Operation of Shared Vehicle › Section 306 - Exemption from liability based on operation of a car-sharing program or on vehicle ownership.

Effective 7/1/2023
13-48a-306.
Exemption from liability based on operation of a car-sharing program or on vehicle ownership.
Consistent with 49 U.S.C. Sec. 30106, a car-sharing program and a shared vehicle owner are exempt from vicarious liability under any state or local law that imposes liability solely based on vehicle ownership.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48a - Car-Sharing Programs › Part 3 - Liability and Insurance for Covered Loss from Operation of Shared Vehicle › Section 307 - Driver license requirement and records.

Effective 7/1/2023
13-48a-307.
Driver license requirement and records.
(1) A car-sharing program may not enter into a car-sharing agreement with a driver unless the driver who will operate the shared vehicle:
(a) holds a driver license issued under the applicable law of this state that authorizes the driver to operate vehicles of the class of the shared vehicle;
(b) is a nonresident who:
(i) has a driver license issued by the state or country of the driver's residence that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and
(ii) is at least the same age as that required of a resident to drive; or
(c) otherwise is specifically authorized to drive vehicles of the class of the shared vehicle.
(2) A car-sharing program shall keep a record of:
(a) the name and address of the shared vehicle driver;
(b) the number of the driver license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and
(c) the place of issuance of the driver license.
Enacted by Chapter 361, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2015
13-49-102.
Definitions.
As used in this chapter:
(1) "Client" means a person who receives services from or enters into an agreement to receive services from an immigration consultant.
(2) "Compensation" means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
(a) services;
(b) personal or real property; or
(c) another thing of value.
(3) "Department" means the Department of Commerce.
(4) "Division" means the Division of Consumer Protection in the department.
(5) "Immigration consultant" means an individual who provides nonlegal assistance or advice on an immigration matter including:
(a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
(b) translating a person's answer to a question posed in a document provided by a federal or state agency;
(c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
(d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
(e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter.
(6) "Immigration matter" means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
(a) immigration and naturalization law;
(b) executive order or presidential proclamation; or
(c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor.
Amended by Chapter 236, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 2 - Registration Requirements › Section 201 - Requirement to be registered as an immigration consultant -- Exemptions.

Effective 5/10/2016
13-49-201.
Requirement to be registered as an immigration consultant -- Exemptions.
(1)
(a) Except as provided in Subsection (1)(b), an individual may not engage in an activity of an immigration consultant for compensation unless the individual is registered under this chapter.
(b) Except for Subsections 13-49-303(3) and (4), this chapter does not apply to an individual authorized:
(i) to practice law in this state; or
(ii) by federal law to represent an individual before the Board of Immigration Appeals or the United States Citizenship and Immigration Services.
(2) An immigration consultant may only offer nonlegal assistance or advice in an immigration matter.
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 2 - Registration Requirements › Section 202 - Application for registration.

Effective 5/12/2015
13-49-202.
Application for registration.
(1) To register as an immigration consultant an individual shall:
(a) submit an annual application in a form prescribed by the division;
(b) pay an annual registration fee determined by the department in accordance with Section 63J-1-504, which includes the costs of the criminal background check required under Subsection (1)(e);
(c) have good moral character in that the individual has not been convicted of:
(i) a felony; or
(ii) within the last 10 years, a misdemeanor involving theft, fraud, or dishonesty;
(d) submit fingerprint cards in a form acceptable to the division at the time the application is filed; and
(e) consent to a fingerprint background check of the individual by the Utah Bureau of Criminal Identification regarding the application.
(2) The division shall register an individual who qualifies under this chapter as an immigration consultant.
Amended by Chapter 236, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 2 - Registration Requirements › Section 203 - Requirement to submit to criminal background check.

Effective 5/10/2016
13-49-203.
Requirement to submit to criminal background check.
(1) The division shall require an applicant for registration as an immigration consultant to:
(a) submit a fingerprint card in a form acceptable to the division; and
(b) consent to a fingerprint criminal background check by the Utah Bureau of Criminal Identification.
(2)
(a) The division shall obtain information from a criminal history record maintained by the Utah Bureau of Criminal Identification pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(b) The information obtained under Subsection (2)(a) may only be used by the division to determine whether an applicant for registration as an immigration consultant meets the requirements of Subsection 13-49-202(1)(c).
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 2 - Registration Requirements › Section 204 - Bonds -- Exemption -- Statements dependent on posting bond.

Effective 5/12/2015
13-49-204.
Bonds -- Exemption -- Statements dependent on posting bond.
(1) 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 division; 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 immigration consultant'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 immigration consultant.
(5)
(a) A bond posted under this section by an immigration consultant may be forfeited if the immigration consultant'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) An individual may not disseminate by any means a statement indicating that the individual 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 individual has posted a bond under this section that is maintained throughout the period covered by the statement.
(7) 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 236, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 3 - Operational Requirements › Section 302 - Accounting for services -- Receipts.

13-49-302.
Accounting for services -- Receipts.
(1) 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 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 made by the client.
Enacted by Chapter 375, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 3 - Operational Requirements › Section 304 - Translations -- Prohibited acts.

Effective 5/12/2015
13-49-304.
Translations -- Prohibited acts.
(1) For purposes of this section, "literal translation" of a word or phrase from one language means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated.
(2) An immigration consultant may not, with the intent to mislead, literally translate, from English into another language, words or titles, including, "notary public," "notary," "licensed," "attorney," "lawyer," or any other terms that imply that the immigration consultant is an attorney, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material describing the immigration consultant.
Amended by Chapter 236, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 3 - Operational Requirements › Section 305 - Documents -- Treatment of original documents.

Effective 5/12/2015
13-49-305.
Documents -- Treatment of original documents.
(1) An immigration consultant shall deliver to a client a copy of a document completed on behalf of the client. An immigration consultant shall include on a document delivered 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 date of the last service to the client.
(3)
(a) An immigration consultant shall return to a client all original documents that the client has provided to the immigration consultant in support of the client's application including an original birth certificate, rental agreement, utility bill, employment document, a registration document issued by the Division of Motor Vehicles, or a passport.
(b) An 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.
Amended by Chapter 236, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 4 - Prohibited Acts and Penalties › Section 401 - Unlawful acts.

13-49-401.
Unlawful acts.
(1) It is unlawful for an immigration consultant to:
(a) make a false or misleading statement to a client while providing services to that client;
(b) make a 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 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; or
(d) charge a client a fee for referral of the client to another person for services that the immigration consultant cannot or will not provide to the client.
(2) A sign describing the prohibition described in Subsection (1)(d) shall be conspicuously displayed in the office of an immigration consultant.
Enacted by Chapter 375, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 4 - Prohibited Acts and Penalties › Section 402 - Violations -- Actions by division.

Effective 5/12/2015
13-49-402.
Violations -- Actions by division.
(1) The division may make an investigation the division considers necessary to determine whether a person is violating, has violated, or is about to violate this chapter or any rule made or order issued under this chapter. As part of the investigation, the division may:
(a) require a person to file a statement in writing;
(b) administer oaths, subpoena witnesses and compel their attendance, take evidence, and examine under oath any person in connection with an investigation; and
(c) require the production of any books, papers, documents, merchandise, or other material relevant to the investigation.
(2) A person who violates this chapter is subject to:
(a) a cease and desist order; and
(b) an administrative fine of not less than $1,000 or more than $5,000 for each separate violation.
(3) An administrative fine shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-8.
(4)
(a) A person who intentionally violates this chapter:
(i) is guilty of a class A misdemeanor; and
(ii) may be fined up to $10,000.
(b) A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.
Amended by Chapter 236, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 4 - Prohibited Acts and Penalties › Section 403 - Action by attorney general or district or county attorney.

13-49-403.
Action by attorney general or district or county attorney.
(1) Upon referral from the division, the attorney general or any district or county attorney may:
(a) bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this part;
(b) bring an action in any court of competent jurisdiction for the collection of penalties authorized under Subsection 13-49-402(2); or
(c) bring an action under Subsection 13-49-402(4).
(2) A court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this part if proof of loss is submitted to the satisfaction of the court.
Enacted by Chapter 375, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 49 - Immigration Consultants Registration Act › Part 4 - Prohibited Acts and Penalties › Section 404 - Recovery of losses.

13-49-404.
Recovery of losses.
In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this chapter may bring an action in any court of competent jurisdiction and may recover:
(1) the greater of $500 or twice the amount of the pecuniary loss; and
(2) court costs and reasonable attorney fees as determined by the court.
Enacted by Chapter 375, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
13-50-102.
Definitions.
As used in this chapter:
(1) "Rebate" means:
(a) any allowance or discount against charged fees; or
(b) payment of any form of compensation, except for an item of nominal value, to:
(i) an insured; or
(ii) a person directly or indirectly associated with a residential building.
(2) "Repair work" means any work done to siding, gutters, a roof system, or a window system to repair damage caused by wind or hail.
(3) "Residential building" means a single or multiple family dwelling of up to four units.
(4) "Residential contractor" means a person that, for compensation, other than wages as an employee, contracts or offers to contract to:
(a) perform repair work on a residential building;
(b) arrange for, manage, or process repair work on a residential building; or
(c) serve as a representative, agent, or assignee of the owner or possessor of a residential building for purposes of repair work on the residential building.
(5) "Roof system" includes roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation, and roof insulation.
Amended by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 2 - Right to Cancel Certain Residential Construction Contracts › Section 202 - Right to cancel.

13-50-202.
Right to cancel.
(1) A person that enters into a written contract with a residential contractor for the performance of repair work on a residential building may cancel the contract if:
(a) at the time of the execution of the contract, the residential contractor knew or should have known that the person intended that all or part of the contract would be paid with proceeds of a property and casualty insurance policy;
(b) the property and casualty insurer denies any part of the person's claim relating to the repair work governed by the contract; and
(c) within five business days after the day on which the person receives written notice from the person's property and casualty insurer that all or part of the person's claim relating to the repair work governed by the contract is denied, the person deposits in the United States mail, or otherwise provides, written notice of cancellation to the physical address provided in the contract.
(2) Except as provided in Subsection (3), within 10 business days after the day on which a person cancels a contract under Subsection (1), the residential contractor shall return to the person all payments, partial payments, deposits, and evidence of indebtedness made by the person in relation to the contract.
(3) A residential contractor may retain or collect the reasonable value of any repair work described in the contract that was actually performed, if the owner of the residential building expressly instructed the residential contractor to perform the repair work without waiting for the property and casualty insurer to provide notice of whether it accepts or denies coverage of the contract.
Enacted by Chapter 160, 2013 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 2 - Right to Cancel Certain Residential Construction Contracts › Section 203 - Required provisions.

13-50-203.
Required provisions.
A written contract between a person and a residential contractor for the performance of repair work on a residential building shall:
(1) include a notice of the person's right to cancel the contract, as described in Section 13-50-202, that is in substantially the following form:
"Utah Code Section 13-50-202 provides that if, when you signed this contract, the residential contractor knew or should have known that you intended that all or part of the contract would be paid with proceeds of a property and casualty insurance policy, you may cancel this contract within five business days after the day on which you receive written notification from your property and casualty insurer that your claim, or a portion of your claim, has been denied";
(2) state the mailing address where the residential contractor receives written notice; and
(3) include a detachable copy of a notice of cancellation that is in substantially the following form:
"NOTICE OF CANCELLATION
If your property and casualty insurer denies your claim, or a portion of your claim, to pay for the repair work to be provided under this contract, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written cancellation notice to ______ (name of residential contractor) at ______ (address where residential contractor receives notices) any time within five business days after the day on which you receive written notice from your property and casualty insurer that your claim, or a portion of your claim, for coverage of the repair services described in this contract has been denied. If you cancel, any payments made by you under the contract will be returned within 10 business days after the day on which the residential contractor receives your written cancellation notice, except that the residential contractor may retain or collect the reasonable value of any repair work actually performed, if you expressly instructed the residential contractor to perform the repair work without waiting for notice of coverage from your property and casualty insurer.
I HEREBY CANCEL THIS TRANSACTION.
Dated_____________
Signature_____________________"
Enacted by Chapter 160, 2013 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 2 - Right to Cancel Certain Residential Construction Contracts › Section 301 - Post-loss assignment of rights or benefits to a residential contractor.

Effective 5/12/2020
13-50-301.
Post-loss assignment of rights or benefits to a residential contractor.
(1) A post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring a residential building:
(a) may authorize a residential contractor to be named as a copayee for the payment of benefits under a property and casualty insurance policy covering the residential building;
(b) shall include:
(i) an itemized description of the work to be done on the insured residential building; and
(ii) the total amount the insured agreed to pay for the work described in Subsection (1)(b)(i);
(c) shall include a statement that the residential contractor has made no assurances that an insurance contract will fully cover the claimed loss;
(d) shall include a notice in substantially the following form and in capitalized 14-point type:
"YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING.
THE ITEMIZED DESCRIPTION OF THE WORK TO BE DONE SHOWN IN THIS ASSIGNMENT FORM HAS NOT BEEN AGREED TO BY THE INSURER. THE INSURER HAS THE RIGHT TO PAY ONLY FOR THE COST TO REPAIR OR REPLACE DAMAGED PROPERTY CAUSED BY A COVERED PERIL.";
(e) may not impair the interest of a mortgagee listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment; and
(f) may not prevent or inhibit an insurer from communicating with a named insured listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment.
(2) A party receiving the assignment described in Subsection (1) shall:
(a) deliver the assignment to the insurer of the residential building within five business days after the earlier of the day on which:
(i) the assignment is executed; or
(ii) repair work begins on the residential building; and
(b) cooperate with the insurer of the residential building in an investigation into the claimed loss by:
(i) providing each document and record the insurer requests; and
(ii) complying with each post-loss duty included in the insurance policy.
Enacted by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 2 - Right to Cancel Certain Residential Construction Contracts › Section 302 - Residential contractor, prohibited acts.

Effective 5/12/2020
13-50-302.
Residential contractor, prohibited acts.
A residential contractor may not rebate or offer to rebate any portion of an insurance deductible as an inducement to the sale of a good or service.
Enacted by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 2 - Right to Cancel Certain Residential Construction Contracts › Section 303 - Violation notice.

Effective 5/12/2020
13-50-303.
Violation notice.
(1) Any written contract, repair estimate, or work order that a residential contractor prepares to provide a good or service paid for from the proceeds of a property and casualty insurance policy shall include a notice of the prohibition described in Section 13-50-302 in substantially the following form and in capitalized 14-point type:
"IT IS A VIOLATION OF UTAH LAW FOR A RESIDENTIAL CONTRACTOR TO REBATE ANY PORTION OF AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO THE INSURED TO ACCEPT A RESIDENTIAL CONTRACTOR'S PROPOSAL TO REPAIR DAMAGED PROPERTY. REBATE OF A DEDUCTIBLE INCLUDES GRANTING ANY ALLOWANCE OR OFFERING ANY DISCOUNT AGAINST THE FEES TO BE CHARGED FOR WORK TO BE PERFORMED OR PAYING THE INSURED POLICYHOLDER THE DEDUCTIBLE AMOUNT SET FORTH IN THE INSURANCE POLICY.
THE INSURED POLICY HOLDER IS PERSONALLY RESPONSIBLE FOR PAYMENT OF THE DEDUCTIBLE.".
(2) Under any agreement in which a residential contractor provides a good or service paid for from the proceeds of a property and casualty insurance policy, no payment may be made to the residential contractor until:
(a) the named insured signs the notice described in Subsection (1); and
(b) the residential contractor delivers the notice signed in accordance with Subsection (2)(a) to the named insured's insurance company.
Enacted by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 2 - Right to Cancel Certain Residential Construction Contracts › Section 304 - Violation of part.

Effective 5/12/2020
13-50-304.
Violation of part.
A post-loss assignment of rights or benefits entered into with a residential contractor is void if the residential contractor violates a provision of this part.
Enacted by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 3 - Insured Homeowners Protection Act › Section 301 - Post-loss assignment of rights or benefits to a residential contractor.

Effective 5/12/2020
13-50-301.
Post-loss assignment of rights or benefits to a residential contractor.
(1) A post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring a residential building:
(a) may authorize a residential contractor to be named as a copayee for the payment of benefits under a property and casualty insurance policy covering the residential building;
(b) shall include:
(i) an itemized description of the work to be done on the insured residential building; and
(ii) the total amount the insured agreed to pay for the work described in Subsection (1)(b)(i);
(c) shall include a statement that the residential contractor has made no assurances that an insurance contract will fully cover the claimed loss;
(d) shall include a notice in substantially the following form and in capitalized 14-point type:
"YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING.
THE ITEMIZED DESCRIPTION OF THE WORK TO BE DONE SHOWN IN THIS ASSIGNMENT FORM HAS NOT BEEN AGREED TO BY THE INSURER. THE INSURER HAS THE RIGHT TO PAY ONLY FOR THE COST TO REPAIR OR REPLACE DAMAGED PROPERTY CAUSED BY A COVERED PERIL.";
(e) may not impair the interest of a mortgagee listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment; and
(f) may not prevent or inhibit an insurer from communicating with a named insured listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment.
(2) A party receiving the assignment described in Subsection (1) shall:
(a) deliver the assignment to the insurer of the residential building within five business days after the earlier of the day on which:
(i) the assignment is executed; or
(ii) repair work begins on the residential building; and
(b) cooperate with the insurer of the residential building in an investigation into the claimed loss by:
(i) providing each document and record the insurer requests; and
(ii) complying with each post-loss duty included in the insurance policy.
Enacted by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 3 - Insured Homeowners Protection Act › Section 302 - Residential contractor, prohibited acts.

Effective 5/12/2020
13-50-302.
Residential contractor, prohibited acts.
A residential contractor may not rebate or offer to rebate any portion of an insurance deductible as an inducement to the sale of a good or service.
Enacted by Chapter 88, 2020 General Session