Utah Code 13-34-106. Denial, suspension, or revocation of registration statement, registration certificate, or state authorization certificate — Limits on registration certificate and state authorization certificate
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(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke a registration statement, registration certificate, or state authorization certificate if:
Terms Used In Utah Code 13-34-106
- Division: means the Division of Consumer Protection. See Utah Code 13-34-101
- Educational credential: means a degree, diploma, certificate, transcript, report, document, letter of designation, mark, or series of letters, numbers, or words that represent enrollment, attendance, or satisfactory completion of the requirements or prerequisites of an educational program. See Utah Code 13-34-101
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Postsecondary school: means a person that offers postsecondary education:(14)(a) in exchange for payment of tuition, fees, or other consideration; and(14)(b) for the purpose of attaining educational, professional, or vocational objectives. See Utah Code 13-34-101
- Principal: means a postsecondary school's owner, officer, director, trustee, or administrator. See Utah Code 13-34-101
- Registration certificate: means approval from the division to operate a postsecondary school in accordance with this chapter, and with rules adopted in accordance with this chapter. See Utah Code 13-34-101
- Registration statement: means an application and accompanying documentation required under this chapter for:
(19)(a) a registration certificate; or(19)(b) a state authorization certificate. See Utah Code 13-34-101- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State authorization certificate: means a certificate that the division issues to an accredited postsecondary school in accordance with Section 13-34-302. See Utah Code 13-34-101
- Student: means :
(21)(a) a person who pays or is obligated to pay a postsecondary school for postsecondary education; or(21)(b) a legal guardian of a person described in Subsection (21)(a). See Utah Code 13-34-101(1)(a) the division finds that the denial, suspension, or revocation is in the public interest; and(1)(b)(1)(b)(i) the registration statement is incomplete, false, or misleading;(1)(b)(ii) the division determines that a postsecondary school‘s educational credential represents undertaking or completing an educational achievement that has not been undertaken or completed; or(1)(b)(iii) a postsecondary school or a principal of the postsecondary school has:(1)(b)(iii)(A) violated, caused a violation, or allowed a violation of a provision of:(1)(b)(iii)(A)(I) this chapter;(1)(b)(iii)(A)(II) a rule made by the division under this chapter; or(1)(b)(iii)(A)(III) a commitment made in a registration statement;(1)(b)(iii)(B) violated Chapter 11, Utah Consumer Sales Practices Act;(1)(b)(iii)(C) been enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the injunction or order:(1)(b)(iii)(C)(I) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or(1)(b)(iii)(C)(II) was based on a finding of lack of integrity, truthfulness, or mental competence;(1)(b)(iii)(D) been convicted of a crime involving theft, fraud, or dishonesty;(1)(b)(iii)(E) obtained or attempted to obtain a registration certificate by misrepresenting any material fact;(1)(b)(iii)(F) failed to timely file with the division a report required by:(1)(b)(iii)(F)(I) this chapter; or(1)(b)(iii)(F)(II) a rule made by the division under this chapter;(1)(b)(iii)(G) failed to furnish information requested by the division;(1)(b)(iii)(H) failed to pay an administrative fine imposed by the division under this chapter, or a fine imposed by an administrative or judicial order in Utah or another state;(1)(b)(iii)(I) failed to demonstrate fiscal responsibility;(1)(b)(iii)(J) failed to pay the fee required to file a registration statement;(1)(b)(iii)(K) failed to satisfy the requirements of this chapter or rule made by the division under this chapter; or(1)(b)(iii)(L) failed to satisfy a reasonable restriction or condition the division imposes under Subsection (2).(2) The division may impose reasonable restrictions and conditions on a postsecondary school’s registration certificate or state authorization certificate if:(2)(a) the restriction or condition protects student interests; and(2)(b) a behavior or condition described in Subsection (1)(b) applies to the postsecondary school or the postsecondary school’s principal, registration statement, or educational credential.