§ 13-34-103 — Rulemaking authority.

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules:
(1) establishing the form and content of:

(1)(a) a registration statement; and
(1)(b) a surety bond, certificate of deposit, irrevocable letter of credit, or other proof of financial viability required under Section 13-34-202;
(2) specifying the information a postsecondary school is required to provide with a registration statement, which may vary based upon factors including:

(2)(a) the certificate the postsecondary school seeks;
(2)(b) whether the postsecondary school is an accredited postsecondary school; and
(2)(c) whether the postsecondary school is a longstanding nonprofit accredited postsecondary school;
(3) establishing the amount of a surety bond, certificate of deposit, or irrevocable letter of credit required under Section 13-34-202, not to exceed an amount equal to the tuition and fees a postsecondary school anticipates receiving during a school year;
(4) providing for the execution and cancellation of the surety bond, certificate of deposit, or irrevocable letter of credit a postsecondary school obtains in accordance with Section 13-34-202;
(5) establishing the amount of money a school may charge a student in a 12 month period to qualify for an exemption in accordance with Subsection 13-34-111(3)(d)(i)(C);
(6) specifying acts or practices that:

(6)(a) are prohibited in accordance with Section 13-34-108; and
(6)(b) a postsecondary school that intends to cease operating is required to carry out;
(7) specifying student outcomes a postsecondary school is required to disclose under Section 13-34-109;
(8) specifying the electronic format in which a postsecondary school is required to maintain an educational credential in accordance with Section 13-34-203;
(9) establishing the type and number of credits required to obtain a degree or diploma from a postsecondary school that is not an accredited postsecondary school; and
(10) establishing:

(10)(a) standards for granting to a postsecondary school a state authorization certificate in accordance with a reciprocity agreement;
(10)(b) any filing, document, or fee required for a postsecondary school to obtain a state authorization certificate in accordance with a reciprocity agreement; and
(10)(c) penalties for a postsecondary school that fails to comply with rules the division makes under this Subsection (10).

Legislative History

Repealed and Re-enacted by Chapter 458, 2023 General Session