13-34-103.   Definitions.
     As used in this chapter:
     (1) "Agent" means any person who owns an interest in or is employed by a proprietary school and who:
     (a) enrolls or attempts to enroll a resident of this state in a proprietary school;
     (b) offers to award educational credentials for remuneration on behalf of a proprietary school; or
     (c) holds himself out to residents of this state as representing a proprietary school for any purpose.
     (2) "Certificate of registration" means approval of the division to operate a school or institution in compliance with this chapter and rules adopted under this chapter. The registration is not an endorsement of the school or institution by either the division or the state of Utah.
     (3) "Division" means the Division of Consumer Protection.
     (4) "Educational credentials" means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers, or words which signify or appear to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for any educational program.
     (5) "Institution" means an individual, corporation, partnership, association, cooperative, or other legal entity.
     (6) "Offer" means to advertise, publicize, solicit, or encourage any person directly or indirectly.
     (7) "Operate" in this state means to have a significant presence within the state, to conduct significant educational activities within the state, or to offer postsecondary instruction leading to a postsecondary degree or certificate to any number of Utah residents assembled at a receiving site in Utah from a location outside the state by correspondence or any telecommunications or electronic media technology.
     (8) "Ownership" means the controlling interest in a school, institution, or college. If the school, institution, or college is owned or controlled by other than a natural person, "ownership" refers to the controlling interest in the legal entity which controls the school, institution, or college.
     (9) "Postsecondary education" means education or educational services offered primarily to persons who have completed or terminated their secondary or high school education or who are beyond the age of compulsory school attendance.
     (10) "Proprietary school" means any private institution, including business, modeling, paramedical, tax preparation, trade and technical schools, which offers postsecondary education in consideration of the payment of tuition or fees for the attainment of educational, professional, or vocational objectives, other than those schools exempted under this chapter.
     (11) "Rules" means those rules adopted by the division under the Utah Administrative Rulemaking Act necessary to enforce and administer this chapter.
     (12) "Utah school or institution" means a postsecondary educational school or institution whose headquarters or primary operations are in Utah.

Enacted by Chapter 222, 2002 General Session
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Last revised: Wednesday, July 23, 2008