71A-4 - Veterans Benefits Application Assistance Requirements and Prohibitions
Title 71A > 71A-4
Sections (5)
71A-4-101 - Definitions.
71A-4-101(1) As used in this chapter:“Accredited” means a veterans service organization, representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits.”Assistance” means an act performed by a person on behalf of a claimant to:provide claimant-specific recommendations for VA benefits; orprepare or submit an application for VA benefits on behalf of a claimant.”Certify” means to submit in writing to a veteran or the veteran’s dependents certain disclosure forms provided by the department.”Claimant” means an individual who has filed or has expressed to an accredited person an intention to file a written application for determination of entitlement to benefits provided under United States Code, Title 38, and implementing directives.”Compensation” means payment of money, a thing of financial value, or a financial benefit.”Division” means the Division of Consumer Protection created within the Department of Commerce in Section 13-2-1.”Non-compliant referral” means referring a veteran’s or a veteran’s dependent’s original claim for veteran benefits for assistance to a person who is in violation of the provisions of this chapter.”VA benefits” means any payment, service, commodity, function, or status entitlement that is determined under laws administered by the VA pertaining to veterans, dependents, and survivors, as well as other potential beneficiaries under United States Code Title 38.”Veteran” includes all eligible dependents. 71A-4-101(2) Terms defined in Section 71A-1-101 apply to this chapter.
71A-4-102 - Requirements and prohibitions regarding assisting a claimant.
71A-4-102(1) Each person offering to assist veterans in applying for VA benefits shall: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; anddisclose 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. 71A-4-102(2) The disclosure required by Subsection (1)(b) shall specifically include:the person’s:name;business address;business phone number; andthe registration number from the VA;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; anda 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. 71A-4-102(3) No provisions of the form may be struck out or designated as nonapplicable. 71A-4-102(4) Disclosure forms, when completed, shall be:signed by both the person providing assistance and the claimant; andretained for three years by the assisting person. 71A-4-102(5) Copies of the disclosure form shall be provided to:the veteran on the day the form is completed and signed; andthe department within five working days. 71A-4-102(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. 71A-4-102(7) A person may not: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;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;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;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; orreceive 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. 71A-4-102(8) The division may:accept complaints alleging violations of this section; andbring an enforcement action under Title 13, Chapter 11, Utah Consumer Sales Practices Act, against a person who violates this section.
71A-4-103 - Education requirements.
71A-4-103(1) Every person providing assistance to a veteran shall complete three hours of qualifying education as specified in 38 C.F.R. 14.629(b) during the first 12 month period following the date of the person’s initial accreditation. 71A-4-103(2) An additional three hours of qualifying continuing education shall be completed by the person described in Subsection (1) every two years following the initial 12-month period.
71A-4-104 - Department responsibilities — Notification — Assistance — Complaints — Claimant responsibilities.
71A-4-104(1) The department shall notify in writing each veteran for whom the department has contact information that any person offering to assist veterans in applying for benefits shall disclose in writing to the veteran the following:38 C.F.R. 14.629 and 38 C.F.R. 14.630 require that any person providing assistance be accredited by the VA;federal law restricts charging a veteran a fee for assisting in the initial application for VA benefits; andthe department’s website has a list with contact information of VA accredited claim representatives. 71A-4-104(2) Beginning July 1, 2015, and every three years after the department shall:notify the Insurance Department regarding the federal law governing assistance for VA benefits, and the Insurance Department shall notify all individual producers and consultants licensed by the Insurance Department at the time of initial licensing and upon license renewal of those same federal laws governing assistance for VA benefits;contact the Utah State Bar regarding federal law governing legal assistance for claimants applying for benefits and request that the association provide continuing legal education on federal laws governing assistance; andnotify the Department of Health and Human Services regarding federal law governing the assistance for claimants applying for benefits, and require the Department of Health and Human Services to notify all assisted living and nursing care facilities of those federal laws. 71A-4-104(3) The executive director may establish procedures for processing complaints related to assistance regarding a claim for VA benefits. 71A-4-104(4) For violations by accredited or non-accredited persons who offer assistance with VA benefits, the executive director may evaluate selected assisting persons for compliance with this chapter and federal laws which govern the provision of assistance to claimants.
71A-4-105 - Veterans Benefits Application Assistance Act — Exempt organizations.
Accredited representatives of the following organizations are exempt from the provisions of this chapter: 71A-4-105(1) the department; 71A-4-105(2) American Legion; 71A-4-105(3) Veterans of Foreign Wars; 71A-4-105(4) Disabled American Veterans; 71A-4-105(5) Vietnam Veterans of America; 71A-4-105(6) American Veterans (AMVET); 71A-4-105(7) Military Order of the Purple Heart; and 71A-4-105(8) other VA recognized service organizations or individuals as determined by the executive director.