As used in this article 64, unless the context
otherwise requires:
(1) Administrative law judge means a person, appointed by the authority
from a list provided by the attorney general, who shall conduct hearings on any
matter that is within the jurisdiction of the division and that is referred to the
administrative law judge by the division.
(2) Agent means any person owning any interest in, employed by, or
representing for remuneration or other consideration a private occupational school
located within or without this state who enrolls or who, in places other than the
principal school premises, offers or attempts to secure the enrollment of any
person within this state for education in a school.
(3) Agent's permit means a nontransferable written authorization issued to
an agent pursuant to the provisions of this article 64 by the division upon approval
by the executive director.
(4) Associate degree means a degree offered by a school on the
successful completion of the degree requirements as established by the division.
(5) Board means the private occupational school board created in section
23-64-107.
(6) Ceasing operation means the voluntary discontinuation of operation by
a private occupational school or the discontinuation of operation by a private
occupational school due to the denial, expiration, revocation, or suspension of the
school's certificate of approval by the division.
(7) Certificate means an award for the successful completion of a specific
course or program objective.
(8) Certificate of approval means a written authorization issued by the
division, upon approval by the executive director, to the principal owners of a school
in the name of the school, pursuant to the provisions of this article 64, to operate a
school in this state.
(9) Diploma means an award for the successful completion of an approved
prescribed program of study in a particular field of endeavor.
(10) Director means the director of the private occupational school division
created pursuant to section 23-64-105.
(11) Division means the private occupational school division created
pursuant to section 23-64-105.
(12) Educational credentials means certificates, diplomas, associate
degrees, transcripts, reports, numbers, or words that signify or are generally taken
to signify enrollment, attendance, progress, or satisfactory completion of the
requirements for education at a school.
(13) Educational services or education includes, but is not limited to, any
class, course, or program of training, instruction, or study that is designed or is
purported to meet all or part of the requirements for employment in an agricultural,
trade, industrial, technical, business, office, sales, service, or health occupation and
constitutes occupational education.
(14) Entity includes, but is not limited to, any person, society, association,
partnership, corporation, or trust.
(15) Executive director means the executive director of the department of
higher education appointed pursuant to section 23-1-110 (2).
(16) New school means a private occupational school that does not hold an
existing certificate of approval as of June 30, 1981, or a school holding an existing
certificate of approval as of June 30, 1981, that subsequently expires pursuant to
the provisions of section 23-64-114 (4) or is revoked or denied pursuant to the
provisions of this article 64.
(17) Occupational education means any education designed to facilitate
the vocational, technical, or occupational development of individual persons,
including, but not limited to, vocational or technical training or retraining that is
given in schools or classes, including field or laboratory work incident thereto, that
is conducted as a part of a program designed to fit individuals for gainful
employment as semiskilled or skilled workers or technicians in recognized
occupations requiring less than a four-year baccalaureate degree. The term also
includes instruction related to the occupation for which the person is being trained
or that is necessary for him or her to benefit from the training.
(18) Offer or offering includes, in addition to its usual meaning,
advertising, publicizing, soliciting, or encouraging any person in any manner to
perform the act described.
(19) Operate or operating, when used with respect to a school, means to
establish, keep, or maintain any facility or location in this state where, from, or
through which educational services are offered or educational credentials are
offered or granted.
(20) Private occupational school or school means any entity or institution
for profit or not for profit located within or without this state that offers educational
credentials or educational services that constitute occupational education in this
state and that is not specifically exempt from the provisions of this article 64.
(21) Train-out means the opportunity for a student of a private
occupational school ceasing operation to meet the student's educational objectives
through training provided by another approved private occupational school, a
community college, an area technical college, or any other training arrangement
acceptable to the division.