Utah Code 13-34-108. Prohibited acts
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(1) A person may not operate a postsecondary school in this state unless:
Terms Used In Utah Code 13-34-108
- Agent: means a person who:(3)(a) owns an interest in a postsecondary school;(3)(b) is employed by a postsecondary school;(3)(c) enrolls or attempts to enroll a Utah resident in a postsecondary school;(3)(d) offers to award an educational credential on behalf of a postsecondary school; or(3)(e) holds oneself out to a Utah resident as representing a postsecondary school for any purpose. See Utah Code 13-34-101
- 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
- Operate: means to:
(11)(a) maintain a physical presence in the state; or(11)(b) provide postsecondary education to an individual who resides in the state. See Utah Code 13-34-101- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Postsecondary education: means education or educational services offered primarily to an individual who:
(13)(a)(i) has completed or terminated their secondary or high school education; or(13)(a)(ii) is beyond the age of compulsory school attendance. See Utah Code 13-34-101- 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
- 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)(1)(a)(i) the person files with the division a registration statement for the postsecondary school that complies with:(1)(a)(i)(A) the requirements of this chapter; and(1)(a)(i)(B) rules made by the division; and(1)(a)(ii) the division issues a registration certificate to the postsecondary school; or(1)(b) the postsecondary school is exempt from the requirement to submit a registration statement under Section 13-34-111.(2) A person who operates a postsecondary school, a postsecondary school, or a postsecondary school’s agent or principal may not:(2)(a) omit from a registration statement a material statement of fact required by this chapter or rule made by the division under this chapter;(2)(b) include in a registration statement any material statement of fact that the person, postsecondary school, or the postsecondary school’s principal or agent knew or should have known to be false, deceptive, inaccurate, or misleading;(2)(c) in connection with any investigation or request for information made by the division in accordance with this chapter, make any material statement of fact that the person, postsecondary school, or agent knew or should have known to be false, deceptive, inaccurate, or misleading;(2)(d) fail to provide a refund to a student within 30 days of receiving a valid request for a refund;(2)(e) engage in a deceptive act or practice in connection with offering or providing postsecondary education;(2)(f) make or cause to be made an oral, written, or visual statement or representation that the person who operates a postsecondary school, a postsecondary school, or a postsecondary school’s principal or agent knows or should know is false, deceptive, substantially inaccurate, or misleading; or(2)(g) fail to comply with the requirements of this chapter or rule made under this chapter.(3)(3)(a) A postsecondary school may not offer, sell, or award an educational credential unless the recipient of the educational credential has received instruction and successfully completed requirements for the educational credential that are commensurate with reasonable standards applicable to the educational credential.(3)(b) Subsection (3)(a) does not apply to:(3)(b)(i) an educational credential that is clearly and conspicuously designated as an honorary educational credential; or(3)(b)(ii) a certificate or other award that does not designate enrollment in or successful completion of instruction or requirements to obtain a credential.(4) A postsecondary school’s name shall not contain any reference that is misleading to a student or the public with respect to the type or nature of the postsecondary school’s services, affiliation, or structure.(5) A postsecondary school’s principal or agent may not misrepresent the principal’s or agent’s level of educational attainment or other qualification in connection with the postsecondary school’s operation.(6) A postsecondary school may not represent that it is endorsed or approved by the division or the state.(7) After a postsecondary school provides notice to the division that the postsecondary school will cease operations as described in Section 13-34-205, the postsecondary school may not:(7)(a) advertise, recruit, enroll, or offer services to a new student;(7)(b) charge an existing student for services beyond those for which the student has already paid or is obligated to pay;(7)(c) fail to notify a student that the postsecondary school intends to cease operations; or(7)(d) fail to comply with the requirements of Section 13-34-205.(8) A violation of this chapter is also a violation of Subsection 13-11-4(1).