71A-4-102. Requirements and prohibitions regarding assisting a claimant.

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

Effective 5/7/2025

(1)Each person offering to assist veterans in applying for VA benefits shall:

(a)be accredited, in compliance with the provisions of C.F.R., Title 38, Pensions, Bonuses, and Veterans' Relief, or, if under the supervision of an accredited attorney, meet the provisions of C.F.R., Title 38, pertaining to authorized claim representation under an attorney; and

(b)disclose in writing, in a format approved by the department that the claimant can retain, the federal laws, regulations, and rules governing assistance for VA benefits.

(2)The disclosure required by Subsection (1)(b) shall specifically include:

(a)the person's:

(i)name;

(ii)business address;

(iii)business phone number; and

(iv)the registration number from the VA;

(b)a statement of the claimant's rights regarding the assistance for VA benefits, including that there is no charge to the claimant or a member of the claimant's family for assistance with the initial benefits application; and

(c)a statement that if, as a result of the person providing assistance for a claim, income is accrued to the assisting person from the sale of a product or other services to the claimant, the income is both justified and reasonable as compared with income from similar products and services available in the state.

(3)No provisions of the form may be struck out or designated as nonapplicable.

(4)Disclosure forms, when completed, shall be:

(a)signed by both the person providing assistance and the claimant; and

(b)retained for three years by the assisting person.

(5)Copies of the disclosure form shall be provided to:

(a)the veteran on the day the form is completed and signed; and

(b)the department within five working days.

(6)A person seeking to receive compensation for preparation, presentation or prosecution of, or advising, consulting or assisting an individual with a VA benefits matter that is allowed by federal law, regulation, and rule governing the assistance for VA benefits shall, before rendering any services, document in a written agreement the terms of the compensation signed by both parties that complies with 38 C.F.R. 14.636.

(7)A person may not:

(a)receive compensation for preparation, presentation, or prosecution of, or advising, consulting or assisting an individual with, a VA benefits matter, except as permitted under federal law or regulation governing the assistance for VA benefits;

(b)receive compensation for referring an individual to another person to prepare, present or prosecute, or advise, consult or assist the individual with, a VA benefits matter;

(c)receive, with respect to an individual's VA benefits matter, compensation for services rendered before the date on which a notice of disagreement, decision review, or appeal is filed, whichever comes first;

(d)guarantee, either directly or by implication, that any individual will receive specific VA benefits or that any individual will receive a specific level, percentage, or amount of VA benefits; or

(e)receive excessive or unreasonable fees as compensation for preparation, presentation or prosecution of, or advising, consulting or assisting an individual with, a VA benefits matter as described in 38 C.F.R. 14.636.

(8)The division may:

(a)accept complaints alleging violations of this section; and

(b)bring an enforcement action under Title 13, Chapter 11, Utah Consumer Sales Practices Act, against a person who violates this section.

Amended by Chapter 231 , 2025 General Session