Chapter 546-1 APPLICATIONS
| 1) |
A person shall not provide immigration
assistance in this state without holding a license issued pursuant to these
rules as an immigration assistance provider. |
| 2) |
No person shall be granted a license as an
immigration assistance provider unless such person:
| a) |
Is 18 years of age or older; |
| b) |
Is a United States citizen or holds a
valid legal immigration status pursuant to federal law; |
| c) |
Provides a criminal background report and,
within the five-year period preceding the date of the application, has no
criminal convictions, other than traffic violations; and |
| d) |
Completes and submits an application; |
|
| 3) |
Any person desiring to be
licensed as an immigration assistance provider shall file an application for
such license along with the fee provided for in the fee schedule. All original
and subsequent applications must be submitted on the approved form and the
applicant must also provide:
| a) |
The name and
address of the applicant or the name under which he or she intends to conduct
business and, if the applicant is a partnership or limited liability company,
the name and residence address of each member thereof and the name under which
the partnership or limited liability company business is to be conducted and,
if the applicant is a corporation, the name and address of each of its
principal officers; |
| b) |
The place or
places, including the city with the street and street number, if any, where the
business is to be conducted; |
| c) |
Authorization to perform a criminal background check; |
| d) |
$5,000.00 Performance Bond (Form
IP200); |
| e) |
An affidavit of
citizenship; |
| f) |
A secure and
verifiable document; and |
| g) |
If an
applicant intends to provide services that shall require him or her to control
the legal funds of a client seeking immigration assistance, provides a
financial statement for the current fiscal year. |
|
Should material events or developments occur after a person has
been granted a license, such person shall amend the license application
submitted by adding statements of fact that developed, or became known, after
the effective date of such application and by deleting statements of fact that,
because of such developments, may be misleading. Such additions and deletions
shall be submitted not more than 30 days after their
occurrence.
| 1) |
As used in this
rule, the following terms shall mean:
| a) |
"Military" means the United States armed forces, including the National
Guard. |
| b) |
Military spouse" means a
spouse of a service member or transitioning service member. |
| c) |
"Service member" means an active or
reserve member of the armed forces, including the National Guard. |
| d) |
"Transitioning service member" means a
member of the military on active duty status or on separation leave who is
within 24 months of retirement or 12 months of separation. |
|
| 2) |
Notwithstanding any other provisions of
law, a professional licensing board or other board shall issue an expedited
license by endorsement to any individual that:
| a) |
Is a spouse of a service member or
transitioning service member stationed within this state; |
| b) |
Holds a current license to practice such
occupation or profession issued by another state for which the training,
experience, and testing are substantially similar in qualifications and scope
to the requirements under this state to obtain a license; |
| c) |
Is in good standing in such other state;
and |
| d) |
Passes any examination that
may only be required to demonstrate knowledge of the laws and rules and
regulations of this state specific to the practice of the profession, business,
or trade for which such expedited license by endorsement is being
sought. |
|
