Bill Text: NY A04750 | 2011-2012 | General Assembly | Introduced
Bill Title: Implements the immigrant assistance service enforcement act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-06 - enacting clause stricken [A04750 Detail]
Download: New_York-2011-A04750-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4750
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the general business law, in relation to implementing
the immigrant assistance service enforcement act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "immigrant
2 assistance service enforcement act".
3 S 2. Section 460-h of the general business law, as added by chapter
4 463 of the laws of 2004, is amended to read as follows:
5 S 460-h. Enforcement. Upon any violation of this article, an applica-
6 tion may be made by the attorney general in the name of the people of
7 the state to a court having jurisdiction to issue an injunction, and
8 upon notice to the respondent of not fewer than five days, to enjoin and
9 restrain the continuance of the violation. If it shall appear to the
10 satisfaction of the court or justice that the defendant has, in fact,
11 violated this article, an injunction may be issued by such court or
12 justice, enjoining and restraining any further violation, without
13 requiring proof that any person has, in fact, been injured or damaged
14 thereby. In any such proceeding, the court may make allowances to the
15 attorney general as provided in paragraph six of subdivision (a) of
16 section eighty-three hundred three of the civil practice law and rules,
17 and direct restitution. Whenever the court shall determine that a
18 violation of this article has occurred, the court may impose a civil
19 penalty of not more than [seven thousand five hundred dollars] FIFTEEN
20 THOUSAND DOLLARS for each violation.
21 S 3. Section 460-i of the general business law, as added by chapter
22 463 of the laws of 2004, is amended to read as follows:
23 S 460-i. Violations. Any violation of any provision of this article
24 shall be a class A misdemeanor, and upon conviction the court may order
25 as part of the sentence imposed restitution or reparation to the victim
26 of the crime pursuant to section 60.27 of the penal law. THREE
27 VIOLATIONS OR MORE, OF THIS ARTICLE BY THE SAME INDIVIDUAL OR ENTITY
28 SHALL BE A CLASS E FELONY, AND UPON CONVICTION THE COURT MAY ORDER AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08233-01-1
A. 4750 2
1 PART OF THE SENTENCE IMPOSED RESTITUTION OR REPARATION TO THE VICTIM OF
2 THE CRIME PURSUANT TO SECTION 60.27 OF THE PENAL LAW.
3 S 4. The general business law is amended by adding two new sections
4 460-k and 460-l to read as follows:
5 S 460-K. ADDITIONAL CIVIL PENALTY FOR CONSUMER FRAUDS AGAINST USERS OF
6 IMMIGRANT ASSISTANCE SERVICES. 1. DEFINITION. AS USED IN THIS SECTION,
7 USERS OF IMMIGRANT SERVICES IS DEFINED AS ANY INDIVIDUAL WHO IS SEEKING
8 ANY KIND OF ASSISTANCE SERVICE, LEGAL OR OTHERWISE, FROM AN IMMIGRANT
9 ASSISTANCE SERVICE AS DEFINED IN SECTION FOUR HUNDRED SIXTY-A OF THIS
10 ARTICLE.
11 2. SUPPLEMENTAL CIVIL PENALTY. (A) IN ADDITION TO ANY LIABILITY FOR
12 DAMAGES OR A CIVIL PENALTY IMPOSED PURSUANT TO SECTIONS THREE HUNDRED
13 FORTY-NINE, THREE HUNDRED FIFTY-C AND THREE HUNDRED FIFTY-D OF THIS
14 CHAPTER, REGARDING DECEPTIVE PRACTICES AND FALSE ADVERTISING, AND SUBDI-
15 VISION TWELVE OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW, REGARDING
16 PROCEEDINGS BY THE ATTORNEY GENERAL FOR EQUITABLE RELIEF AGAINST FRAUDU-
17 LENT OR ILLEGAL CONSUMER FRAUD, A PERSON OR ENTITY WHO ENGAGES IN ANY
18 CONDUCT PROHIBITED BY SAID PROVISIONS OF LAW, AND WHOSE CONDUCT IS
19 PERPETRATED AGAINST ONE OR MORE USERS OF IMMIGRANT ASSISTANCE SERVICES,
20 MAY BE LIABLE FOR AN ADDITIONAL CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
21 DOLLARS, IF THE FACTORS IN PARAGRAPH (B) OF THIS SUBDIVISION ARE PRES-
22 ENT.
23 (B) IN DETERMINING WHETHER TO IMPOSE A SUPPLEMENTAL CIVIL PENALTY
24 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AND THE AMOUNT OF ANY
25 SUCH PENALTY, THE COURT SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE
26 FACTORS, THE EXTENT TO WHICH THE FOLLOWING FACTORS ARE PRESENT:
27 (1) WHETHER THE DEFENDANT KNEW THAT THE DEFENDANT'S CONDUCT WAS
28 DIRECTED TO ONE OR MORE USERS OF IMMIGRANT ASSISTANCE SERVICES OR WHETH-
29 ER THE DEFENDANT'S CONDUCT WAS IN WILLFUL DISREGARD OF THE RIGHTS OF A
30 USER OF IMMIGRANT ASSISTANCE SERVICES;
31 (2) WHETHER THE DEFENDANT'S CONDUCT: (A) CAUSED A USER OF IMMIGRANT
32 ASSISTANCE SERVICES TO SUFFER LOSS OR ENCUMBRANCE OF A PRIMARY RESI-
33 DENCE, LOSS OF EMPLOYMENT OR SOURCE OF INCOME, SUBSTANTIAL LOSS OF PROP-
34 ERTY OR ASSETS ESSENTIAL TO THE HEALTH OR WELFARE OF THE USER OF IMMI-
35 GRANT ASSISTANCE SERVICES; OR (B) WHETHER ONE OR MORE USERS OF IMMIGRANT
36 ASSISTANCE SERVICES WERE SUBSTANTIALLY MORE VULNERABLE TO THE DEFEND-
37 ANT'S CONDUCT BECAUSE OF LANGUAGE BARRIERS, IMPAIRED UNDERSTANDING, OR
38 ANY OTHER PERCEIVED DISADVANTAGE, AND ACTUALLY SUFFERED PHYSICAL OR
39 ECONOMIC DAMAGE RESULTING FROM THE DEFENDANT'S CONDUCT.
40 3. THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY A SPECIAL FUND TO
41 BE KNOWN AS THE IMMIGRANT ASSISTANCE SERVICE STABILITY FUND, WHICH SHALL
42 CONSIST OF AND INTO WHICH SHALL BE PAID FIFTY PERCENT OF ALL MONEYS
43 DERIVED FROM SUPPLEMENTAL CIVIL PENALTIES IMPOSED PURSUANT TO THIS
44 SECTION. THE MONEYS IN SUCH FUND SHALL BE ADMINISTERED BY THE DEPART-
45 MENT OF LAW AND SHALL BE EXPENDED SOLELY FOR THE INVESTIGATION OF AND
46 PROSECUTION OF CONSUMER FRAUDS AGAINST USERS OF IMMIGRANT ASSISTANCE
47 SERVICES. THE MONEYS IN THE FUND SHALL BE PAID OUT ON THE AUDIT AND
48 WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE
49 ATTORNEY GENERAL. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
50 CONTRARY, ANY BALANCE IN SAID FUND ON MARCH THIRTY-FIRST OF ANY FISCAL
51 YEAR SHALL NOT REVERT TO THE GENERAL FUND OF THE STATE.
52 4. RESTITUTION ORDERED PURSUANT TO THE PROVISIONS OF LAW LISTED IN
53 SUBDIVISION TWO OF THIS SECTION SHALL BE GIVEN PRIORITY OVER THE IMPOSI-
54 TION OF CIVIL PENALTIES DESIGNATED BY THE COURT UNDER THIS SECTION.
55 S 460-L. REQUIREMENTS FOR REGISTRATION OF IMMIGRANT ASSISTANCE SERVICE
56 PROVIDERS. 1. ANY PERSON, FIRM OR CORPORATION SEEKING A CERTIFICATE OF
A. 4750 3
1 REGISTRATION AS AN IMMIGRATION ASSISTANCE SERVICE PROVIDER SHALL FILE
2 WITH THE DEPARTMENT OF STATE AN APPLICATION FOR REGISTRATION IN SUCH
3 FORM AND DETAIL AS THE DEPARTMENT SHALL PRESCRIBE, INCLUDING THE FOLLOW-
4 ING:
5 (A) THE NAME AND RESIDENCE ADDRESS OF THE APPLICANT;
6 (B) THE BUSINESS NAME, IF OTHER THAN APPLICANT;
7 (C) THE PLACE, INCLUDING THE CITY, TOWN OR VILLAGE, WITH THE STREET
8 AND NUMBER, WHERE THE BUSINESS IS TO BE LOCATED;
9 (D) THE BUSINESS TELEPHONE OF THE APPLICANT;
10 (E) THE LENGTH OF TIME THAT THE APPLICANT HAS BEEN AN IMMIGRATION
11 ASSISTANCE SERVICE PROVIDER;
12 (F) A STATEMENT INDICATING WHETHER THE APPLICANT HAS:
13 (1) BEEN CONVICTED OF ANY CRIME OR IS A DEBTOR ON ANY UNPAID CIVIL
14 JUDGMENT RELATING TO WORK AS AN IMMIGRATION ASSISTANCE SERVICE PROVIDER;
15 AND
16 (2) AT ANY TIME IN THE PAST BEEN ISSUED A REGISTRATION PURSUANT TO
17 THIS SECTION, AND IF SO, WHETHER SUCH REGISTRATION WAS EVER REVOKED OR
18 SUSPENDED;
19 (G) SATISFACTORY EVIDENCE OF GOOD MORAL CHARACTER; AND
20 (H) A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET FORTH
21 IN THE APPLICATION IS CURRENT AND ACCURATE.
22 2. IN DETERMINING WHETHER TO ISSUE OR RENEW A REGISTRATION, THE SECRE-
23 TARY OF STATE MAY CONSIDER THE CHARACTER, COMPETENCY AND INTEGRITY OF
24 THE APPLICANT.
25 3. THE SECRETARY OF STATE MAY REFUSE TO ISSUE A REGISTRATION TO ANY
26 PERSON, FIRM OR CORPORATION WHOM HE OR SHE FINDS HAS BEEN CONVICTED OF
27 ANY CRIME, OR FAILED TO PAY ANY FINAL CIVIL JUDGMENT, RELATING TO WORK
28 AS AN IMMIGRATION ASSISTANCE SERVICE PROVIDER, IF SUCH REFUSAL WILL, IN
29 THE JUDGMENT OF THE SECRETARY OF STATE, BEST PROMOTE THE INTERESTS OF
30 THE PEOPLE OF THIS STATE.
31 4. (A) A REGISTRATION ISSUED OR RENEWED UNDER THE PROVISIONS OF THIS
32 SECTION SHALL ENTITLE A PERSON TO ACT AS A REGISTERED IMMIGRATION
33 ASSISTANCE SERVICE PROVIDER IN THE STATE OF NEW YORK FOR A PERIOD OF TWO
34 YEARS FROM THE EFFECTIVE DATE OF THE REGISTRATION. ANY REGISTRATION
35 GRANTED UNDER THIS SECTION MAY BE RENEWED BY SUCH DEPARTMENT UPON APPLI-
36 CATION AND PAYMENT OF THE FEE FOR SUCH RENEWAL BY THE HOLDER THEREOF, IN
37 SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE.
38 (B) THE SECRETARY OF STATE SHALL HAVE THE AUTHORITY TO ASSIGN STAG-
39 GERED EXPIRATION DATES FOR REGISTRATIONS AT THE TIME OF RENEWAL. IF THE
40 ASSIGNED DATE RESULTS IN A TERM THAT EXCEEDS TWENTY-FOUR MONTHS, THE
41 APPLICANT SHALL PAY AN ADDITIONAL PRO-RATED ADJUSTMENT TOGETHER WITH THE
42 REGULAR RENEWAL FEE.
43 (C) THE SECRETARY OF STATE SHALL ISSUE EACH IMMIGRATION ASSISTANCE
44 SERVICE PROVIDER A UNIQUE REGISTRATION NUMBER.
45 5. (A) EACH ORIGINAL APPLICATION OR APPLICATION FOR RENEWAL FOR REGIS-
46 TRATION AS AN IMMIGRATION ASSISTANCE SERVICE PROVIDER SHALL BE ACCOMPA-
47 NIED BY A FEE OF FIFTY DOLLARS FOR EACH BIENNIAL REGISTRATION PERIOD.
48 (B) NOTICE IN WRITING IN THE MANNER AND FORM PRESCRIBED BY SUCH
49 DEPARTMENT SHALL BE GIVEN TO SUCH DEPARTMENT AT ITS OFFICES IN ALBANY
50 WITHIN TEN DAYS OF CHANGES OF NAME OR ADDRESS BY REGISTERED IMMIGRATION
51 ASSISTANCE SERVICE PROVIDERS. THE FEE FOR FILING EACH CHANGE OF NAME OR
52 ADDRESS NOTICE SHALL BE TEN DOLLARS.
53 (C) IN THE CASE OF LOSS, DESTRUCTION OR DAMAGE, SUCH DEPARTMENT MAY,
54 UPON SUBMISSION OF A REQUEST IN SUCH FORM AND MANNER AS SUCH DEPARTMENT
55 MAY PRESCRIBE, ISSUE A DUPLICATE REGISTRATION UPON PAYMENT OF A FEE OF
56 TEN DOLLARS.
A. 4750 4
1 6. THE FEES ESTABLISHED BY THIS SECTION SHALL NOT BE REFUNDABLE.
2 7. EACH IMMIGRATION ASSISTANCE SERVICE PROVIDER ENGAGED IN SUCH BUSI-
3 NESS SHALL EXHIBIT HIS OR HER CERTIFICATE UPON THE REQUEST OF ANY INTER-
4 ESTED PARTY.
5 8. NO PERSON, FIRM OR CORPORATION SHALL:
6 (A) PRESENT, OR ATTEMPT TO PRESENT, AS HIS, HER OR ITS OWN, THE REGIS-
7 TRATION OF ANOTHER;
8 (B) KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO SUCH DEPART-
9 MENT FOR THE PURPOSE OF PROCURING A REGISTRATION;
10 (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED IMMIGRATION
11 ASSISTANCE SERVICE PROVIDER;
12 (D) USE OR ATTEMPT TO USE A REGISTRATION WHICH HAS EXPIRED;
13 (E) OFFER TO PERFORM OR PERFORM ANY IMMIGRATION ASSISTANCE SERVICE
14 WITHOUT HAVING A CURRENT REGISTRATION AS IS REQUIRED UNDER THIS SECTION;
15 OR
16 (F) REPRESENT IN ANY MANNER THAT HIS, HER OR ITS REGISTRATION CONSTI-
17 TUTES AN ENDORSEMENT OF THE QUALITY OF SERVICE OR COMPETENCY OF THE
18 PROVIDER.
19 9. REGISTRATIONS ISSUED TO IMMIGRATION ASSISTANCE SERVICE PROVIDERS
20 SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.
21 10. (A) THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES AND REGU-
22 LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
23 CLE, AND SHALL PROVIDE WRITTEN NOTIFICATION OF THE PROVISIONS OF THIS
24 ARTICLE TO ALL IMMIGRATION ASSISTANCE SERVICE PROVIDERS REGISTERED
25 PURSUANT TO THIS ARTICLE.
26 (B) THE SECRETARY OF STATE SHALL HAVE THE POWER TO ENFORCE THE
27 PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON THE
28 SECRETARY'S INITIATIVE, TO INVESTIGATE ANY VIOLATION THEREOF OR TO
29 INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS OF ANY
30 PERSON, FIRM, LIMITED LIABILITY COMPANY, PARTNERSHIP OR CORPORATION
31 APPLYING FOR OR HOLDING A REGISTRATION AS AN IMMIGRATION ASSISTANCE
32 SERVICE PROVIDER, IF IN THE OPINION OF THE SECRETARY OF STATE SUCH
33 INVESTIGATION IS WARRANTED. EACH SUCH APPLICANT OR REGISTRANT SHALL BE
34 OBLIGED, ON REQUEST OF THE SECRETARY OF STATE, TO SUPPLY SUCH INFORMA-
35 TION, BOOKS, PAPERS OR RECORDS AS MAY BE REQUIRED CONCERNING HIS, HER OR
36 ITS BUSINESS, BUSINESS PRACTICES OR BUSINESS METHODS, OR PROPOSED BUSI-
37 NESS PRACTICES OR METHODS. FAILURE TO COMPLY WITH A LAWFUL REQUEST OF
38 THE SECRETARY SHALL BE A GROUND FOR DENYING AN APPLICATION FOR A REGIS-
39 TRATION, OR FOR REVOKING, SUSPENDING, OR FAILING TO RENEW A REGISTRATION
40 ISSUED UNDER THIS ARTICLE.
41 (C) SUCH DEPARTMENT SHALL HAVE THE POWER TO REVOKE OR SUSPEND ANY
42 REGISTRATION, OR IN LIEU THEREOF TO IMPOSE A FINE NOT EXCEEDING ONE
43 THOUSAND DOLLARS PAYABLE TO THE DEPARTMENT, OR REPRIMAND ANY REGISTRANT
44 OR DENY AN APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF UPON PROOF:
45 (I) THAT THE APPLICANT OR REGISTRANT HAS VIOLATED ANY OF THE
46 PROVISIONS OF THIS ARTICLE OR THE RULES AND REGULATIONS PROMULGATED
47 PURSUANT TO THIS ARTICLE;
48 (II) THAT THE APPLICANT OR REGISTRANT HAS PRACTICED FRAUD, DECEIT OR
49 MISREPRESENTATION;
50 (III) THAT THE APPLICANT OR REGISTRANT HAS MADE A MATERIAL MISSTATE-
51 MENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR HER REGISTRATION;
52 (IV) THAT THE APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE OR
53 UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.
54 11. SUCH DEPARTMENT SHALL, BEFORE DENYING AN APPLICATION FOR A REGIS-
55 TRATION OR BEFORE REVOKING OR SUSPENDING ANY REGISTRATION, OR IMPOSING
56 ANY FINE OR REPRIMAND, AND AT LEAST FIFTEEN DAYS PRIOR TO THE DATE SET
A. 4750 5
1 FOR THE HEARING, AND UPON DUE NOTICE TO THE COMPLAINANT OR OBJECTOR,
2 NOTIFY IN WRITING THE APPLICANT FOR, OR THE HOLDER OF SUCH REGISTRATION
3 OF ANY CHARGE MADE AND SHALL AFFORD SUCH APPLICANT OR REGISTRANT AN
4 OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFERENCE THERETO.
5 SUCH WRITTEN NOTICE MAY BE SERVED BY DELIVERY OF SAME PERSONALLY TO THE
6 APPLICANT OR REGISTRANT, OR BY MAILING SAME BY CERTIFIED OR FIRST CLASS
7 MAIL TO THE LAST KNOWN BUSINESS ADDRESS OF SUCH APPLICANT OR REGISTRANT.
8 SUCH HEARING SHALL BE SCHEDULED WITHIN SIXTY DAYS OF RECEIPT OF THE
9 COMPLAINT.
10 12. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
11 DEPARTMENT SHALL PRESCRIBE AND SHALL BE CONDUCTED BY SUCH OFFICER OR
12 PERSON IN THE DEPARTMENT AS THE SECRETARY OF STATE MAY DESIGNATE, WHO
13 SHALL HAVE THE POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON
14 SO DESIGNATED ANY PERSON IN THIS STATE, AND ADMINISTER AN OATH TO AND
15 TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS OR HER DEPOSITION TO BE TAKEN.
16 A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY THE CIVIL
17 PRACTICE LAW AND RULES. SUCH OFFICER OR PERSON IN THE DEPARTMENT DESIG-
18 NATED TO TAKE SUCH TESTIMONY SHALL NOT BE BOUND BY COMMON LAW OR STATU-
19 TORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF PROCEDURE.
20 13. IN THE EVENT THAT SUCH DEPARTMENT SHALL DENY THE APPLICATION FOR,
21 OR REVOKE OR SUSPEND ANY SUCH REGISTRATION, OR IMPOSE ANY FINE OR REPRI-
22 MAND, ITS DETERMINATION SHALL BE IN WRITING AND OFFICIALLY SIGNED. THE
23 ORIGINAL OF SUCH DETERMINATIONS, WHEN SO SIGNED, SHALL BE FILED IN THE
24 OFFICE OF SUCH DEPARTMENT AND COPIES THEREOF SHALL BE MAILED TO THE
25 APPLICANT OR REGISTRANT AND TO THE COMPLAINANT WITHIN TWO DAYS AFTER
26 SUCH FILING.
27 14. SUCH DEPARTMENT, ACTING BY THE OFFICE OR PERSON DESIGNATED TO
28 CONDUCT THE HEARING PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION OR BY
29 SUCH OTHER OFFICER OR PERSON IN SUCH DEPARTMENT AS THE SECRETARY OF
30 STATE MAY DESIGNATE, SHALL HAVE THE POWER TO SUSPEND THE REGISTRATION OF
31 ANY REGISTRANT WHO HAS BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE
32 OR TERRITORY OF A FELONY OR OF ANY MISDEMEANOR FOR A PERIOD NOT EXCEED-
33 ING THIRTY DAYS PENDING A HEARING AND A DETERMINATION OF CHARGES MADE
34 AGAINST HIM OR HER. IF SUCH HEARING IS ADJOURNED AT THE REQUEST OF THE
35 REGISTRANT, OR BY REASON OF ANY ACT OR OMISSION BY HIM OR HER OR ON HIS
36 OR HER BEHALF, SUCH SUSPENSION MAY BE CONTINUED FOR THE ADDITIONAL PERI-
37 OD OF SUCH ADJOURNMENT.
38 15. THE ACTION OF THE DEPARTMENT IN GRANTING OR REFUSING TO GRANT OR
39 TO RENEW A REGISTRATION UNDER THIS ARTICLE OR IN REVOKING OR SUSPENDING
40 OR REFUSING TO REVOKE OR SUSPEND SUCH A REGISTRATION OR IMPOSING ANY
41 FINE OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A PROCEEDING INSTITUTED
42 UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AT THE
43 INSTANCE OF THE APPLICANT FOR SUCH REGISTRATION, THE HOLDER OF A REGIS-
44 TRATION SO REVOKED, SUSPENDED, FINED OR REPRIMANDED OR THE PERSON
45 AGGRIEVED.
46 16. (A) ANY PERSON, FIRM OR CORPORATION THAT OPERATES AS AN IMMI-
47 GRATION ASSISTANCE SERVICE PROVIDER WITHOUT BEING REGISTERED SHALL BE
48 REQUIRED TO PAY A CIVIL PENALTY IN THE SUM OF ONE THOUSAND DOLLARS PER
49 CONTRACT ENTERED INTO IN VIOLATION OF THIS SECTION. HOWEVER, ANY SUCH
50 PERSON, FIRM OR CORPORATION AGAINST WHOM SUCH PENALTY HAS BEEN ASSESSED
51 MAY AVOID ALL BUT FIVE HUNDRED DOLLARS OF SUCH PENALTY BY OBTAINING A
52 REGISTRATION AS REQUIRED BY THIS SECTION, PROVIDED THAT APPLICATION FOR
53 SUCH REGISTRATION IS MADE NOT MORE THAN TEN DAYS AFTER THE IMPOSITION OF
54 SUCH PENALTY AND THE IMMIGRATION ASSISTANCE SERVICE PROVIDER HAS NEVER
55 RECEIVED A PRIOR FINE FOR FAILURE TO REGISTER IN NEW YORK OR IN ANY
56 OTHER STATE THAT REQUIRES REGISTRATION.
A. 4750 6
1 (B) AN IMMIGRATION ASSISTANCE SERVICE PROVIDER MAY NOT MAINTAIN A
2 CIVIL ACTION TO RECOVER PAYMENT FOR WORK UNDER IMMIGRATION ASSISTANCE
3 SERVICE PROVIDER CONTRACT PERFORMED IF SUCH CONTRACTOR IS NOT REGISTERED
4 AS REQUIRED UNDER THIS SECTION.
5 17. ALL OF THIS INFORMATION EXCEPT THE PROVIDER'S HOME ADDRESS AND
6 TELEPHONE NUMBER SHALL BE AVAILABLE TO THE PUBLIC ON THE DEPARTMENT OF
7 STATE'S WEBSITE. SUCH DEPARTMENT SHALL ENSURE THAT A CONSUMER IS ABLE TO
8 VERIFY THIS INFORMATION BY CALLING THE DEPARTMENT OF STATE'S TOLL-FREE
9 PHONE NUMBER.
10 18. SUCH DEPARTMENT SHALL MAKE PUBLIC ON ITS WEBSITE AND KEEP UPDATED
11 AT LEAST ANNUALLY, OR MAKE AVAILABLE IN RESPONSE TO THE REQUEST OF ANY
12 CUSTOMER, A LIST OF PROVIDERS LICENSED AS IMMIGRATION PROVIDERS PURSUANT
13 TO THIS ARTICLE. EACH IMMIGRATION PROVIDER SHALL POST ITS LICENSE AT ITS
14 PLACE OF BUSINESS.
15 S 5. The opening paragraph and subdivision 8 of section 460-b of the
16 general business law, as added by chapter 463 of the laws of 2004, are
17 amended to read as follows:
18 NO IMMIGRATION SERVICE SHALL BE PROVIDED, UNDER PENALTY OF LAW, UNLESS
19 THAT SERVICE PROVIDER HAS REGISTERED EITHER BY MAIL, OR ONLINE, WITH THE
20 DEPARTMENT OF STATE. No immigrant assistance service shall be provided
21 until the customer has executed a written contract with the provider who
22 will provide such services. The contract shall be in a language under-
23 stood by the customer, either alone or with the assistance of an avail-
24 able interpreter, and, if that language is not English, an English
25 language version of the contract must also be provided. A copy of the
26 contract shall be provided to the customer upon the customer's execution
27 of the contract. The customer has the right to cancel the contract with-
28 in three business days after his or her execution of the contract, with-
29 out fee or penalty. The right to cancel the contract within three days
30 without payment of any fee may be waived when services must be provided
31 immediately to avoid a forfeiture of eligibility or other loss of rights
32 or privileges, and the customer furnishes the provider with a separate
33 dated and signed statement, by the customer or his or her represen-
34 tative, describing the need for services to be provided within three
35 days and expressly acknowledging and waiving the right to cancel the
36 contract within three days. The contract may be cancelled at any time
37 after execution. If the contract is cancelled after three days, or with-
38 in three days if the right to cancel without fee has been waived, the
39 provider may retain fees for services rendered, and any additional
40 amounts actually expended on behalf of the customer. All other amounts
41 must be returned to the customer within fifteen days after cancellation.
42 The written contract shall be in plain language, in at least twelve
43 point type and shall include the following:
44 8. The statement: "The individual providing assistance to you under
45 this contract is not an attorney licensed to practice law or accredited
46 by the board of immigration appeals to provide representation to you
47 before the bureau of citizenship and immigration services, the depart-
48 ment of labor[, the department of state] or any immigration authorities
49 and may not give legal advice or accept fees for legal advice".
50 S 6. This act shall take effect on the one hundred ninetieth day after
51 it shall have become a law.
