Commerce and Trade
Utah Postsecondary Proprietary School Act
Section 106
Responsibilities of division.
     13-34-106.   Responsibilities of division.
     The division is responsible for the administration of this chapter, and shall do the following:
     (1) prescribe the contents of the registration statements required by this chapter relating to the quality of education and ethical and business practices;
     (2) issue:
     (a) certification of registration upon receipt and approval of the registration statement required under Section 13-34-107; and
     (b) a certificate of exemption under Section 13-34-107.5 upon receipt and approval of an application and verification that the requirements of Subsection 13-34-105(1)(e) and Section 13-34-107.5 are met;
     (3) receive, investigate, and make available for public inspection the registration statements filed by proprietary schools operating or intending to operate in the state;
     (4) maintain and publicize a list of proprietary schools for which a registration statement is on file with the division;
     (5) on the division's own initiative or in response to a complaint filed with the division, do any of the following with respect to any institution subject to, or reasonably believed by the division to be subject to, this chapter:
     (a) investigate;
     (b) audit;
     (c) review;
     (d) appropriately act, including enforcing this chapter or any other law enforced by the division; and
     (e) refer a matter to:
     (i) another governmental entity; or
     (ii) the institution's accrediting body, if the institution is an exempt institution under Section 13-34-107.5;
     (6) negotiate and enter into interstate reciprocity agreements with other states, if in the judgment of the division, the agreements are or will help to effectuate the purposes of this chapter;
     (7) consent to the use of educational terms in business names in accordance with Section 13-34-114; and
     (8) establish and maintain a process for reviewing and appropriately acting on complaints concerning postsecondary educational institutions operating in the state, including enforcing applicable state laws.

Amended by Chapter 221, 2011 General Session
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