Utah Code 13-34-112. Enforcement of contract or agreement — Rescission based on defective registration statement — Rescission based on revocation of certificate of state authorization
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(1) A postsecondary school subject to this chapter may not enforce in the courts of this state a contract or agreement relating to postsecondary education services unless, at the time the contract or agreement is executed:
Terms Used In Utah Code 13-34-112
- Accredited postsecondary school: means a postsecondary school that is accredited by an accrediting agency. See Utah Code 13-34-101
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Consumer Protection. See Utah Code 13-34-101
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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- 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
- 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 has issued a registration certificate to the postsecondary school; or(1)(b) the postsecondary school is exempt from this chapter under Section 13-34-111.(2) If an accredited postsecondary school‘s state authorization certificate is revoked in accordance with Section 13-34-106, or the accredited postsecondary school loses its accreditation, a student who enrolled in the postsecondary school in reliance upon the benefits offered by the accredited postsecondary school’s possession of a valid state authorization certificate or the accredited postsecondary school’s accreditation may rescind an enrollment agreement.(3) If a student rescinds an enrollment agreement as described in Subsection (2), the postsecondary school shall:(3)(a) release the student’s future obligation to the postsecondary school for any tuition, fees, or other charges that the student paid to the postsecondary school; and(3)(b) refund the student any tuition, fees, or other charges that the student, or a person on the student’s behalf, paid to the postsecondary school. - Postsecondary education: means education or educational services offered primarily to an individual who: