Sec. 26.10.085. Persons providing veterans' benefits services; disclosure.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person that provides veterans' benefits services or veterans' benefits appeal services to a veteran or a veteran's dependents, survivors, or personal representative for compensation shall disclose to the veteran or veteran's dependents, survivors, or personal representative that veterans' benefits services and veterans' benefits appeal services are provided at no cost by the Department of Military and Veterans' Affairs.

(b)The disclosure required under

(a)of this section must appear on an agreement to provide veterans' benefits services or veterans' benefits appeal services. The veteran or veteran's dependents, survivors, or personal representative shall acknowledge receipt by signing and dating the disclosure, and the person providing the services shall retain a copy of the signed acknowledgment. The adjutant general of the Department of Military and Veterans' Affairs shall develop the disclosure required under

(a)of this section and publish the disclosure on the department's publicly available Internet website.

(c)An advertisement for veterans' benefits services or veterans' benefits appeal services must include the disclosure required under

(a)of this section, communicated in a clear and conspicuous manner.

(d)A person who violates this section shall forfeit compensation and is subject to a civil penalty of not more than $1,000 for each violation. Each day of continuing noncompliance constitutes a separate violation. This subsection does not apply to an owner or employee of a medium in which an advertisement appears or through which an advertisement is disseminated.

(e)In this section,

(1)“advertisement” means a commercial message in a communications medium that directly or indirectly promotes the solicitation of business, provides information about veterans' benefits services or veterans' benefits appeal services, or promotes a person who offers veterans' benefits services or veterans' benefits appeal services;

(2)“veteran” means an individual who

(A)served in the

(i)armed forces of the United States, including a reserve unit of the United States armed forces; or

(ii)Alaska Territorial Guard, the Alaska Army National Guard, the Alaska Air National Guard, or the Alaska Naval Militia; and

(B)was separated from service under a condition that was not dishonorable;

(3)“veterans' benefits” means a present or future gain or advantage to a veteran or a veteran's dependents, survivors, or personal representative that results from the beneficiary's veteran status;

(4)“veterans' benefits appeal services” means services performed to assist a veteran or a veteran's dependents, survivors, or personal representative in appealing a denial of federal or state veterans' benefits;

(5)“veterans' benefits services” means services provided to a veteran or a veteran's dependents, survivors, or personal representative to assist the veteran or dependent, survivor, or personal representative in obtaining federal or state veterans' benefits.