A. Registration. In addition to obtaining a business privilege license as required under Chapter 339, Part 2, a provider shall register with the CSC annually, pursuant to such registration process as may be established by the Department. A single registration shall include all locations at which a provider performs immigration-related services.
(1) At the time of registration, a provider must sign a form designated by the Department, attesting the provider's knowledge and consent to conduct business in accordance with the provisions of this Part, and acknowledging that any violation of the provisions of this Part by the provider may result in fines and penalties in addition to those stated in Chapter 339, as well as cease operations orders and suspension or revocation of the provider's business privilege license.
(2) At the time of registration, a provider must provide proof of a surety bond in the amount of $50,000 in order to ensure payment of all final judgments and decrees entered against the provider for damages arising from the provision of immigration assistance services. The surety bond shall be in effect for the entire period in which the provider provides immigration assistance services, plus one year after the provider ceases all operations.
B. Signs. All providers shall post signs at the provider's place of business, and every location where the provider regularly meets with customers. Signs shall be posted in a conspicuous interior location where the signs will be visible to customers who enter the office. Signs shall meet all of the following requirements:
(1) Each sign shall be at least 11 inches by 17 inches.
(2) If the signs are placed on the exterior of the building or are located in a window, the signs shall comply with zoning and historic preservation regulations.
(3) Notice signs shall contain the following statement:
"This office is not an authorized government agency. I am not an attorney licensed to practice law or a representative accredited by the Board of Immigration Appeals. I cannot represent you before any immigration authority or agency and may not give legal advice or accept fees for legal advice. Advice on obtaining legal representation can be obtained from the Berks County Bar Association. Fingerprints taken at this location will not be accepted by the United States Department of Homeland Security for any purpose. You may cancel any contract within three (3) business days and get your money back for services not performed. If you have a complaint about this business, contact the City of Reading Customer Services Center."
(4) Notice signs shall be designed and approved by the Department or its designee and posted in a downloadable portable document format (PDF) on the Department's website. The notice signs shall contain the statements required under this section in English and any other language as determined by the Department. Providers shall reproduce the PDF from the Department website, without modification, and post as required herein.
(5) A fee sign, which contains a schedule of all services and fees regularly charged, shall be posted.
C. Brochure. Before providing any services, a provider shall provide each customer with a brochure or handbill containing all disclosures in the form required under this section. Such brochure or handbill shall be designed and approved by the Department, and shall be posted on the Department's website in PDF format. Providers shall reproduce and distribute the brochure exactly as obtained from the Department website, without modification. The brochure or handbill shall be in English and any other language as determined by the Department.
D. Documents. Providers shall retain copies of all documents prepared or obtained in connection with services provided to a customer for a period of three years after the date a written contract is executed by the provider and the customer, whether or not the contract is subsequently cancelled.
(1) Documents shall be retained at the provider's principal place of business and made available for confirmation of such retention by the Director or his representative upon demand, during normal business hours.
E. Advertising. When advertising immigration assistance services by signs, pamphlets, newspapers, internet, television, radio or any other means, a provider shall post or otherwise include with the advertisement a notice in English and in every other language in which the person provides or offers to provide assistance. The notice shall be of a conspicuous size and shall state the following: "The individual offering to provide assistance to you is NOT an attorney licensed to practice law or a representative accredited by the Board of Immigration Appeals. The individual cannot represent you before any immigration authority or agency and may not give legal advice or accept fees for legal advice."
(1) No advertisement for immigration assistance services shall expressly or impliedly guarantee that the licensee will achieve any particular government action, including, but not limited to, the granting of employment authorization, lawful permanent residence status, citizenship, or any other form of immigration benefit or relief.
(2) Advertising posted at a provider's place of business shall be subject to confirmation of compliance with Subsection E by the Director or his representative, upon demand, during normal business hours.
(3) All advertising in violation of this section may be subject to penalties.
F. Providers shall comply with all reasonable and lawful requests by the Department.