senate Bill S6732

Amended

Relates to implementing the immigrant assistance service enforcement act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Mar / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 11 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • 11 / Jun / 2014
    • PRINT NUMBER 6732A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1593
  • 18 / Jun / 2014
    • SUBSTITUTED BY A8974B

Summary

Implements the immigrant assistance service enforcement act; increases fines imposed upon those who violate laws regarding immigrant assistance services; creates the office of new Americans; and establishes crime of immigrant assistance fraud.

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Bill Details

Versions:
S6732
S6732A
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Amd §§460-a, 460-h & 460-b, add §§460-k & 460-l, Gen Bus L

Sponsor Memo

BILL NUMBER:S6732

TITLE OF BILL: An act to amend the general business law, in relation
to implementing the immigrant assistance service enforcement act

PURPOSE OR GENERAL IDEA OF BILL: To provide stricter enforcement
provisions and strengthen transparency within New York State's network
of immigration service providers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Short title "Immigrant Assistance Service Enforcement Act".

Section 2. Amends Section 460-a (2) of the General Business Law. Adds
any individual who provides representation in immigration-related
proceedings to the list of immigration assistance services providers.

Section 3. Amends the General Business Law, Section 460-h. Increases
the fine imposed upon those who violate laws regarding immigrant
assistance services to $10,000 for each violation.

Section 4. Amends the General Business Law by adding two new sections,
460-k and 460-l. Section 460-k provides for an additional civil
penalty that may be assessed against a provider of immigration
assistance services in certain circumstances. Section 460-l provides
for the new registration requirements for providers of immigration
assistance services.

Section 5. Amends the General Business Law, Section 460-b, the opening
paragraph and subdivision 8. Prohibits the provision of immigrant
services unless the provider has registered with the Department of
State.

Section 6. Effective Date

EXISTING LAW: General Business Law, Article 28-C, Sections 460A-460l,
Immigrant Assistance Services. The current civil penalty is not more
than $7,500. There is no provision for additional civil penalties for
consumer fraud, for example, false advertising and deceptive
practices. Additionally, current law does not require Providers of
immigration assistance to register with the Department of State.

JUSTIFICATION: Immigration assistance service providers can be a
great resource for individuals on the path to citizenship. However,
due to the vulnerable nature of some of these individuals as well as
the serious consequences that could result if certain laws, rules and
procedures are not followed, these providers should have the requisite
qualifications to be performing such services. This act would ensure
that individuals engaged in this practice are certified to do so and
are also registered with the Department of State so that those seeking
a provider can be assured that the one they are choosing is qualified
to perform these services.

PRIOR LEGISLATIVE HISTORY:
2014: New Bill
2013: Similar Bill S.786A/A.158A Passed Senate and Assembly, Veto #249
of 2013


2012: S.94A - Amended and Recommitted to Rules/A.4887-A - Passed
Assembly
2011: S.94 - Reported and Committed to Finance/A.4887 - Reported,
Referred to Codes
2010: S.7218A - Referred to Codes/A.10162B Reported to Ways and Means;
Reported, Referred to Rules

FISCAL IMPLICATIONS: Increased fines for violations of this statute
could result in additional funds for the state.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and completed on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6732

                            I N  S E N A T E

                              March 4, 2014
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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:

  Section 1. This act shall be known and may be cited as the  "immigrant
assistance service enforcement act".
  S  2.   Subdivision 2 of section 460-a of the general business law, as
added by chapter 463 of the laws of 2004, is amended to read as follows:
  2. "Provider" means any person, including but not limited to a  corpo-
ration,  partnership,  limited liability company, sole proprietorship or
natural person, that provides immigrant assistance services,  but  shall
not  include  (a) any person duly admitted to practice law in this state
and any person working directly under  the  supervision  of  the  person
admitted;  (b)  any not-for-profit tax exempt organization that provides
immigrant assistance without a fee or other payment from individuals  or
at  nominal fees as defined by the federal board of immigration appeals,
and the employees of such organization when acting within the  scope  of
such employment; (c) any organization recognized by the federal board of
immigration  appeals  that provides services via representatives accred-
ited by such board to appear before the bureau of citizenship and  immi-
gration  services  and/or  executive office for immigration review, that
does not charge a fee or charges nominal fees as defined by the board of
immigration appeals; [or] (d) any authorized  agency  under  subdivision
ten  of section three hundred seventy-one of the social services law and
the employees of such organization when acting within the scope of  such
employment;  OR  (E) ANY INDIVIDUAL PROVIDING REPRESENTATION IN AN IMMI-
GRATION-RELATED PROCEEDING UNDER FEDERAL LAW FOR WHICH  FEDERAL  LAW  OR
REGULATION DEFINES THE AUTHORITY TO APPEAR.
  S  3.  Section  460-h of the general business law, as added by chapter
463 of the laws of 2004, is amended to read as follows:
  S 460-h. Enforcement. Upon any violation of this article, an  applica-
tion  may  be  made by the attorney general in the name of the people of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14270-01-4

S. 6732                             2

the state to a court having jurisdiction to  issue  an  injunction,  and
upon notice to the respondent of not fewer than five days, to enjoin and
restrain  the  continuance  of  the violation. If it shall appear to the
satisfaction  of  the  court or justice that the defendant has, in fact,
violated this article, an injunction may be  issued  by  such  court  or
justice,  enjoining  and  restraining  any  further  violation,  without
requiring proof that any person has, in fact, been  injured  or  damaged
thereby.  In  any  such proceeding, the court may make allowances to the
attorney general as provided in paragraph  six  of  subdivision  (a)  of
section  eighty-three hundred three of the civil practice law and rules,
and direct restitution.  Whenever  the  court  shall  determine  that  a
violation  of  this  article  has occurred, the court may impose a civil
penalty of not more than [seven thousand five hundred dollars] TEN THOU-
SAND DOLLARS for each violation.
  S 4. The general business law is amended by adding  two  new  sections
460-k and 460-l to read as follows:
  S  460-K.  ADDITIONAL  CIVIL  PENALTY  FOR  CONSUMER  FRAUDS COMMITTED
AGAINST USERS OF IMMIGRANT ASSISTANCE SERVICES. 1.  (A) IN  ADDITION  TO
ANY  LIABILITY  FOR  DAMAGES  OR  A  CIVIL  PENALTY  IMPOSED PURSUANT TO
SECTIONS THREE HUNDRED  FORTY-NINE,  THREE  HUNDRED  FIFTY-C  AND  THREE
HUNDRED FIFTY-D OF THIS CHAPTER, REGARDING DECEPTIVE PRACTICES AND FALSE
ADVERTISING, AND SUBDIVISION TWELVE OF SECTION SIXTY-THREE OF THE EXECU-
TIVE  LAW,  REGARDING  PROCEEDINGS BY THE ATTORNEY GENERAL FOR EQUITABLE
RELIEF AGAINST FRAUDULENT OR ILLEGAL CONSUMER FRAUD, A PERSON OR  ENTITY
WHO  ENGAGES  IN  ANY  CONDUCT PROHIBITED BY SAID PROVISIONS OF LAW, AND
WHOSE CONDUCT IS PERPETRATED AGAINST ONE  OR  MORE  PERSONS  SEEKING  OR
USING  IMMIGRANT  ASSISTANCE  SERVICES,  MAY BE LIABLE FOR AN ADDITIONAL
CIVIL PENALTY NOT TO EXCEED TEN THOUSAND  DOLLARS,  IN  ACCORDANCE  WITH
PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  IN  DETERMINING  WHETHER  TO  IMPOSE A SUPPLEMENTAL CIVIL PENALTY
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AND  THE  AMOUNT  OF  ANY
SUCH PENALTY, THE COURT SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE
FACTORS, THE EXTENT TO WHICH THE FOLLOWING FACTORS ARE PRESENT:
  (1) WHETHER THE DEFENDANT KNEW THAT HIS OR HER CONDUCT WAS DIRECTED TO
ONE  OR  MORE  PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES OR
WHETHER THE DEFENDANT KNOWINGLY ACTED WITH DISREGARD OF THE RIGHTS OF  A
PERSON SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES;
  (2)  WHETHER  THE  DEFENDANT'S CONDUCT: (I) CAUSED A PERSON SEEKING OR
USING IMMIGRANT ASSISTANCE SERVICES TO SUFFER LOSS OR ENCUMBRANCE  OF  A
PRIMARY  RESIDENCE,  LOSS OF EMPLOYMENT OR SOURCE OF INCOME, SUBSTANTIAL
LOSS OF PROPERTY OR ASSETS ESSENTIAL TO THE HEALTH  OR  WELFARE  OF  THE
PERSON  SEEKING  OR USING IMMIGRANT ASSISTANCE SERVICES; OR (II) WHETHER
ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES  WERE
SUBSTANTIALLY  MORE  VULNERABLE  TO  THE  DEFENDANT'S CONDUCT BECAUSE OF
IMPAIRED UNDERSTANDING, OR ANY OTHER PERCEIVED DISADVANTAGE, AND ACTUAL-
LY SUFFERED PHYSICAL OR ECONOMIC DAMAGE RESULTING FROM  THE  DEFENDANT'S
CONDUCT.
  2.  RESTITUTION  ORDERED  PURSUANT  TO THE PROVISIONS OF LAW LISTED IN
SUBDIVISION ONE OF THIS SECTION OR PURSUANT TO ANY OTHER SECTION OF  LAW
SHALL  BE  GIVEN PRIORITY OVER THE IMPOSITION OF CIVIL PENALTIES ORDERED
BY THE COURT UNDER THIS SECTION.
  S 460-L. REQUIREMENTS FOR REGISTRATION OF IMMIGRANT ASSISTANCE SERVICE
PROVIDERS.  1. ANY PERSON, FIRM OR CORPORATION SEEKING A CERTIFICATE  OF
REGISTRATION AS AN IMMIGRANT ASSISTANCE SERVICE PROVIDER SHALL FILE WITH
THE DEPARTMENT OF STATE AN APPLICATION FOR REGISTRATION IN SUCH FORM AND
DETAIL AS THE DEPARTMENT SHALL PRESCRIBE, INCLUDING THE FOLLOWING:

S. 6732                             3

  (A) THE NAME AND RESIDENCE ADDRESS OF THE APPLICANT;
  (B) THE BUSINESS NAME, IF OTHER THAN APPLICANT;
  (C)  THE  PLACE,  INCLUDING THE CITY, TOWN OR VILLAGE, WITH THE STREET
AND NUMBER, WHERE THE BUSINESS IS TO BE LOCATED;
  (D) THE BUSINESS TELEPHONE NUMBER OF THE APPLICANT;
  (E) THE LENGTH OF TIME  THAT  THE  APPLICANT  HAS  BEEN  AN  IMMIGRANT
ASSISTANCE SERVICE PROVIDER;
  (F) A STATEMENT INDICATING WHETHER THE APPLICANT HAS:
  (1)  BEEN  CONVICTED  OF  ANY CRIME OR IS A DEBTOR ON ANY UNPAID CIVIL
JUDGMENT RELATING TO WORK AS AN IMMIGRANT ASSISTANCE  SERVICE  PROVIDER;
AND
  (2)  AT  ANY  TIME  IN THE PAST BEEN ISSUED A REGISTRATION PURSUANT TO
THIS SECTION, AND IF SO, WHETHER SUCH REGISTRATION WAS EVER  REVOKED  OR
SUSPENDED;
  (G) SATISFACTORY EVIDENCE OF GOOD MORAL CHARACTER;
  (H)  (1) COPIES OF CONTRACTS REQUIRED PURSUANT TO SECTION FOUR HUNDRED
SIXTY-B OF THIS ARTICLE; (2) SIGNS REQUIRED  PURSUANT  TO  SECTION  FOUR
HUNDRED  SIXTY-C  OF THIS ARTICLE; AND (3) SURETIES REQUIRED PURSUANT TO
SECTION FOUR HUNDRED SIXTY-G OF THIS ARTICLE; AND
  (I) A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET  FORTH
IN THE APPLICATION IS CURRENT AND ACCURATE.
  2. IN DETERMINING WHETHER TO ISSUE OR RENEW A REGISTRATION, THE SECRE-
TARY  OF  STATE  MAY CONSIDER THE CHARACTER, COMPETENCY AND INTEGRITY OF
THE APPLICANT.
  3. THE SECRETARY OF STATE MAY REFUSE TO ISSUE A  REGISTRATION  TO  ANY
PERSON,  FIRM  OR CORPORATION WHOM HE OR SHE FINDS HAS BEEN CONVICTED OF
ANY CRIME OR FAILED TO PAY ANY FINAL CIVIL JUDGMENT RELATING TO WORK  AS
AN  IMMIGRANT  ASSISTANCE  SERVICE  PROVIDER,  IN  ACCORDANCE  WITH  THE
PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  4. (A) A REGISTRATION ISSUED OR RENEWED UNDER THE PROVISIONS  OF  THIS
SECTION  SHALL ENTITLE A PERSON TO ACT AS A REGISTERED IMMIGRANT ASSIST-
ANCE SERVICE PROVIDER IN THE STATE OF NEW YORK FOR A PERIOD OF TWO YEARS
FROM THE EFFECTIVE DATE OF THE REGISTRATION.  ANY  REGISTRATION  GRANTED
UNDER THIS SECTION MAY BE RENEWED BY THE DEPARTMENT OF STATE UPON APPLI-
CATION AND PAYMENT OF THE FEE FOR SUCH RENEWAL BY THE HOLDER THEREOF, IN
SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE.
  (B)  THE  SECRETARY  OF STATE SHALL HAVE THE AUTHORITY TO ASSIGN STAG-
GERED EXPIRATION DATES FOR REGISTRATIONS AT THE TIME OF RENEWAL. IF  THE
ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWENTY-FOUR MONTHS, THE
APPLICANT SHALL PAY AN ADDITIONAL PRO-RATED ADJUSTMENT TOGETHER WITH THE
REGULAR RENEWAL FEE.
  (C) THE SECRETARY OF  STATE  SHALL  ISSUE  EACH  IMMIGRANT  ASSISTANCE
SERVICE PROVIDER A UNIQUE REGISTRATION NUMBER.
  5. (A) EACH ORIGINAL APPLICATION OR APPLICATION FOR RENEWAL FOR REGIS-
TRATION AS AN IMMIGRANT ASSISTANCE SERVICE PROVIDER SHALL BE ACCOMPANIED
BY  A  FEE  OF  TWO HUNDRED FIFTY DOLLARS FOR EACH BIENNIAL REGISTRATION
PERIOD.
  (B) NOTICE IN WRITING IN THE MANNER AND FORM PRESCRIBED BY THE DEPART-
MENT OF STATE SHALL BE GIVEN TO THE DEPARTMENT AT ITS OFFICES IN  ALBANY
WITHIN  TEN  DAYS  OF CHANGES OF NAME OR ADDRESS BY REGISTERED IMMIGRANT
ASSISTANCE SERVICE PROVIDERS.  THE FEE FOR FILING EACH CHANGE OF NAME OR
ADDRESS NOTICE SHALL BE TEN DOLLARS.
  (C) IN THE CASE OF LOSS, DESTRUCTION  OR  DAMAGE,  THE  DEPARTMENT  OF
STATE  MAY,  UPON SUBMISSION OF A REQUEST IN SUCH FORM AND MANNER AS THE
DEPARTMENT MAY PRESCRIBE, ISSUE A DUPLICATE REGISTRATION UPON PAYMENT OF
A FEE OF TEN DOLLARS.

S. 6732                             4

  6. THE FEES ESTABLISHED  BY THIS SECTION SHALL NOT BE REFUNDABLE.
  7. EACH IMMIGRANT ASSISTANCE SERVICE PROVIDER ENGAGED IN SUCH BUSINESS
SHALL  INCLUDE  HIS OR HER REGISTRATION NUMBER IN EVERY SERVICE CONTRACT
AND SHALL ADDITIONALLY EXHIBIT  PROOF  OF  SUCH  REGISTRATION  UPON  THE
REQUEST OF ANY INTERESTED PARTY.
  8. NO PERSON, FIRM OR CORPORATION SHALL:
  (A) PRESENT, OR ATTEMPT TO PRESENT, AS HIS, HER OR ITS OWN, THE REGIS-
TRATION OF ANOTHER;
  (B)  KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO THE DEPART-
MENT OF STATE FOR THE PURPOSE OF PROCURING A REGISTRATION;
  (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED IMMIGRANT  ASSIST-
ANCE SERVICE PROVIDER;
  (D) USE OR ATTEMPT TO USE A REGISTRATION WHICH HAS EXPIRED;
  (E) OFFER TO PERFORM OR PERFORM ANY IMMIGRANT ASSISTANCE SERVICE WITH-
OUT HAVING A CURRENT REGISTRATION AS IS REQUIRED UNDER THIS SECTION;
  (F)  REPRESENT IN ANY MANNER THAT HIS, HER OR ITS REGISTRATION CONSTI-
TUTES AN ENDORSEMENT OF THE QUALITY OF  SERVICE  OR  COMPETENCY  OF  THE
PROVIDER; OR
  (G)  ENGAGE  IN  ANY VIOLATION OF SECTION FOUR HUNDRED SIXTY-E OF THIS
ARTICLE.
  9. REGISTRATIONS ISSUED  TO  IMMIGRANT  ASSISTANCE  SERVICE  PROVIDERS
SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.
  10.  AN  ATTORNEY  LICENSED TO PRACTICE LAW IN THIS STATE SHALL NOT BE
REQUIRED TO REGISTER AS AN IMMIGRANT ASSISTANCE SERVICE PROVIDER.
  11. (A) THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES  AND  REGU-
LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
CLE,  AND  SHALL  PROVIDE WRITTEN NOTIFICATION OF THE PROVISIONS OF THIS
ARTICLE TO ALL IMMIGRANT ASSISTANCE SERVICE PROVIDERS REGISTERED  PURSU-
ANT TO THIS ARTICLE.
  (B) THE OFFICE OF THE ATTORNEY GENERAL SHALL HAVE THE POWER TO ENFORCE
THE PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON
REFERRAL BY THE SECRETARY OF STATE, TO INVESTIGATE ANY VIOLATION THEREOF
OR  TO INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS
OF ANY PERSON, FIRM, LIMITED LIABILITY COMPANY,  PARTNERSHIP  OR  CORPO-
RATION APPLYING FOR OR HOLDING A REGISTRATION AS AN IMMIGRANT ASSISTANCE
SERVICE  PROVIDER, IF IN THE OPINION OF THE ATTORNEY GENERAL SUCH INVES-
TIGATION IS WARRANTED.  EACH  SUCH  APPLICANT  OR  REGISTRANT  SHALL  BE
OBLIGED,  ON  REQUEST OF THE SECRETARY OF STATE OR THE ATTORNEY GENERAL,
TO SUPPLY IN A MANNER CONSISTENT WITH SUBDIVISION NINE OF  SECTION  FOUR
HUNDRED  SIXTY-B  OF  THIS  ARTICLE  SUCH  INFORMATION, BOOKS, PAPERS OR
RECORDS AS MAY BE REQUIRED CONCERNING HIS, HER OR ITS BUSINESS, BUSINESS
PRACTICES OR BUSINESS METHODS, OR PROPOSED BUSINESS PRACTICES  OR  METH-
ODS.  FAILURE  TO COMPLY WITH A LAWFUL REQUEST OF THE SECRETARY OF STATE
OR THE ATTORNEY GENERAL SHALL BE A GROUND FOR DENYING AN APPLICATION FOR
A REGISTRATION, OR FOR REVOKING,  SUSPENDING,  OR  FAILING  TO  RENEW  A
REGISTRATION ISSUED UNDER THIS ARTICLE.  NOTHING IN THIS PARAGRAPH SHALL
BE  CONSTRUED  TO LIMIT THE POWER OF THE ATTORNEY GENERAL TO INVESTIGATE
ANY MATTER PURSUANT TO ANY OTHER PROVISIONS OF LAW.
  (C) THE DEPARTMENT OF STATE SHALL AFTER NOTICE AND  HEARING  HAVE  THE
POWER  TO  REVOKE  OR  SUSPEND  ANY  REGISTRATION, OR IN LIEU THEREOF TO
IMPOSE A FINE NOT EXCEEDING ONE THOUSAND DOLLARS PAYABLE TO THE  DEPART-
MENT, OR REPRIMAND ANY REGISTRANT OR DENY AN APPLICATION FOR A REGISTRA-
TION OR RENEWAL THEREOF UPON PROOF:
  (1)  THAT  THE  APPLICANT  OR  REGISTRANT  HAS  VIOLATED  ANY  OF  THE
PROVISIONS OF THIS ARTICLE OR  THE  RULES  AND  REGULATIONS  PROMULGATED
PURSUANT TO THIS ARTICLE;

S. 6732                             5

  (2)  THAT  THE  APPLICANT OR REGISTRANT HAS PRACTICED FRAUD, DECEIT OR
MISREPRESENTATION;
  (3)  THAT THE APPLICANT OR REGISTRANT HAS MADE A MATERIAL MISSTATEMENT
IN THE APPLICATION FOR OR RENEWAL OF HIS OR HER REGISTRATION;
  (4) THAT THE APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE  OR
UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.
  12. THE DEPARTMENT OF STATE SHALL, BEFORE DENYING AN APPLICATION FOR A
REGISTRATION  OR  BEFORE  REVOKING  OR  SUSPENDING  ANY REGISTRATION, OR
IMPOSING ANY FINE OR REPRIMAND, AND AT LEAST FIFTEEN DAYS PRIOR  TO  THE
DATE  SET  FOR  THE  HEARING,  AND UPON DUE NOTICE TO THE COMPLAINANT OR
OBJECTOR, NOTIFY IN WRITING THE APPLICANT FOR, OR  THE  HOLDER  OF  SUCH
REGISTRATION  OF  ANY  CHARGE  MADE  AND  SHALL AFFORD SUCH APPLICANT OR
REGISTRANT AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN  REFER-
ENCE  THERETO.  SUCH  WRITTEN  NOTICE  MAY BE SERVED BY DELIVERY OF SAME
PERSONALLY TO THE APPLICANT OR REGISTRANT, OR BY MAILING SAME BY  CERTI-
FIED  OR  FIRST  CLASS  MAIL  TO THE LAST KNOWN BUSINESS ADDRESS OF SUCH
APPLICANT OR REGISTRANT.  SUCH HEARING SHALL BE SCHEDULED  WITHIN  SIXTY
DAYS OF RECEIPT OF THE COMPLAINT.
  13. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
DEPARTMENT OF STATE SHALL PRESCRIBE AND SHALL BE CONDUCTED BY SUCH OFFI-
CER OR PERSON IN THE DEPARTMENT AS THE SECRETARY OF STATE MAY DESIGNATE,
WHO  SHALL  HAVE  THE  POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR
PERSON SO DESIGNATED ANY PERSON IN THIS STATE, AND ADMINISTER AN OATH TO
AND TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS OR HER  DEPOSITION  TO  BE
TAKEN.  A  SUBPOENA  ISSUED UNDER THIS SECTION SHALL BE REGULATED BY THE
CIVIL PRACTICE LAW AND RULES. SUCH OFFICER OR PERSON IN  THE  DEPARTMENT
OF  STATE DESIGNATED TO TAKE SUCH TESTIMONY SHALL NOT BE BOUND BY COMMON
LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR  FORMAL  RULES  OF
PROCEDURE.
  14.  IN THE EVENT THAT THE DEPARTMENT OF STATE SHALL DENY THE APPLICA-
TION FOR, OR REVOKE OR SUSPEND ANY SUCH REGISTRATION, OR IMPOSE ANY FINE
OR REPRIMAND, ITS DETERMINATION  SHALL  BE  IN  WRITING  AND  OFFICIALLY
SIGNED.    THE ORIGINAL OF SUCH DETERMINATIONS, WHEN SO SIGNED, SHALL BE
FILED IN THE OFFICE OF THE DEPARTMENT AND COPIES THEREOF SHALL BE MAILED
TO THE APPLICANT OR REGISTRANT AND TO THE COMPLAINANT  WITHIN  TWO  DAYS
AFTER SUCH FILING.
  15. THE DEPARTMENT OF STATE, ACTING BY THE OFFICE OR PERSON DESIGNATED
TO  CONDUCT THE HEARING PURSUANT TO SUBDIVISION THIRTEEN OF THIS SECTION
OR BY SUCH OTHER OFFICER OR PERSON IN THE DEPARTMENT AS THE SECRETARY OF
STATE MAY DESIGNATE, SHALL HAVE THE POWER TO SUSPEND THE REGISTRATION OF
ANY REGISTRANT WHO HAS BEEN CONVICTED IN THIS STATE OR ANY  OTHER  STATE
OR  TERRITORY  OF  A  FELONY, OR OF ANY MISDEMEANOR INVOLVING HIS OR HER
WORK AS AN IMMIGRANT  ASSISTANCE  SERVICE  PROVIDER  FOR  A  PERIOD  NOT
EXCEEDING  THIRTY  DAYS PENDING A HEARING AND A DETERMINATION OF CHARGES
MADE AGAINST HIM OR HER. IF SUCH HEARING IS ADJOURNED AT THE REQUEST  OF
THE  REGISTRANT, OR BY REASON OF ANY ACT OR OMISSION BY HIM OR HER OR ON
HIS OR HER BEHALF, SUCH SUSPENSION MAY BE CONTINUED FOR  THE  ADDITIONAL
PERIOD OF SUCH ADJOURNMENT.
  16.  THE  ACTION OF THE DEPARTMENT OF STATE IN GRANTING OR REFUSING TO
GRANT OR TO RENEW A REGISTRATION UNDER THIS ARTICLE OR  IN  REVOKING  OR
SUSPENDING  OR  REFUSING  TO  REVOKE  OR  SUSPEND SUCH A REGISTRATION OR
IMPOSING ANY FINE OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A  PROCEED-
ING INSTITUTED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES AT THE INSTANCE OF THE APPLICANT FOR SUCH REGISTRATION, THE HOLDER
OF A REGISTRATION SO REVOKED, SUSPENDED, FINED OR REPRIMANDED.

S. 6732                             6

  17.  (A) ANY PERSON, FIRM OR CORPORATION THAT OPERATES AS AN IMMIGRANT
ASSISTANCE SERVICE PROVIDER WITHOUT BEING REGISTERED SHALL  BE  REQUIRED
TO  PAY  A  CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS.  PROVIDED
THAT, THE DEPARTMENT OF STATE MAY REDUCE SUCH PENALTY  IF  SUCH  PERSON,
FIRM  OR  CORPORATION  AGAINST  WHOM  SUCH PENALTY IS ASSESSED OBTAINS A
REGISTRATION AS REQUIRED BY THIS SECTION, PROVIDED THAT APPLICATION  FOR
SUCH REGISTRATION IS MADE NOT MORE THAN TEN DAYS AFTER THE IMPOSITION OF
SUCH  PENALTY  AND  THE  IMMIGRANT ASSISTANCE SERVICE PROVIDER HAS NEVER
PREVIOUSLY BEEN FINED FOR FAILURE TO REGISTER IN  NEW  YORK  OR  IN  ANY
OTHER STATE THAT REQUIRES REGISTRATION.
  (B)  AN IMMIGRANT ASSISTANCE SERVICE PROVIDER MAY NOT MAINTAIN A CIVIL
ACTION TO RECOVER PAYMENT FOR IMMIGRANT ASSISTANCE OFFERED OR  PERFORMED
IF  SUCH CONTRACTOR WAS NOT REGISTERED AS REQUIRED UNDER THIS SECTION AT
THE TIME SUCH WORK WAS OFFERED OR PERFORMED.
  (C) MONEY COLLECTED PURSUANT TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
SHALL  BE  DESIGNATED  FOR  THE FUNDING OF INVESTIGATIONS OF IMMIGRATION
SERVICE PROVIDER FRAUD.
  18. THE PROVIDER'S NAME, BUSINESS NAME, IF DIFFERENT THAN THE  PROVID-
ER, THE BUSINESS LOCATION OR LOCATIONS, THE BUSINESS TELEPHONE NUMBER OR
NUMBERS  AND  THE DATE THE PROVIDER WAS FIRST REGISTERED SHALL BE AVAIL-
ABLE TO THE PUBLIC ON THE DEPARTMENT OF STATE'S WEBSITE. THE  DEPARTMENT
SHALL ENSURE THAT A CONSUMER IS ABLE TO VERIFY THIS INFORMATION BY CALL-
ING THE DEPARTMENT OF STATE'S TOLL-FREE PHONE NUMBER.
  19.  THE DEPARTMENT OF STATE SHALL MAKE PUBLIC ON ITS WEBSITE AND KEEP
UPDATED AT LEAST ANNUALLY, OR MAKE AVAILABLE IN RESPONSE TO THE  REQUEST
OF ANY CUSTOMER, A LIST OF PROVIDERS REGISTERED AS IMMIGRATION PROVIDERS
PURSUANT TO THIS ARTICLE.
  S  5.  The opening paragraph and subdivision 8 of section 460-b of the
general business law, as added by chapter 463 of the laws of  2004,  are
amended to read as follows:
  NO  IMMIGRANT  ASSISTANCE  SERVICE SHALL BE PROVIDED, UNDER PENALTY OF
LAW, UNLESS SUCH SERVICE PROVIDER HAS REGISTERED WITH THE DEPARTMENT  OF
STATE.  No  immigrant  assistance  service  shall  be provided until the
customer has executed a written contract  with  the  provider  who  will
provide such services. The contract shall be in a language understood by
the customer, either alone or with the assistance of an available inter-
preter,  and,  if  that  language  is  not  English, an English language
version of the contract must also be provided. A copy  of  the  contract
shall  be  provided to the customer upon the customer's execution of the
contract. The customer has the right to cancel the contract within three
business days after his or her execution of the contract, without fee or
penalty. The right to cancel the  contract  within  three  days  without
payment  of  any  fee may be waived when services must be provided imme-
diately to avoid a forfeiture of eligibility or other loss of rights  or
privileges,  and  the  customer  furnishes  the provider with a separate
dated and signed statement, by the customer  or  his  or  her  represen-
tative,  describing  the  need  for services to be provided within three
days and expressly acknowledging and waiving the  right  to  cancel  the
contract  within  three  days. The contract may be cancelled at any time
after execution. If the contract is cancelled after three days, or with-
in three days if the right to cancel without fee has  been  waived,  the
provider  may  retain  fees  for  services  rendered, and any additional
amounts actually expended on behalf of the customer. All  other  amounts
must be returned to the customer within fifteen days after cancellation.
The  written  contract  shall  be  in plain language, in at least twelve
point type and shall include the following:

S. 6732                             7

  8. The statement: "The individual providing assistance  to  you  under
this  contract is not an attorney licensed to practice law or accredited
by the board of immigration appeals to  provide  representation  to  you
before  the  bureau of citizenship and immigration services, the depart-
ment  of labor[, the department of state] or any immigration authorities
and may not give legal advice or accept fees for legal advice".
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such effective date.

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