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Commerce and Trade | |
Utah Postsecondary Proprietary School Act | |
Section 113 | Denial, suspension, or revocation of a certificate of registration or exemption certificate -- Limitations. |
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13-34-113. Denial, suspension, or revocation of a certificate of registration or
exemption certificate -- Limitations. (1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate proceedings to deny, suspend, or revoke a certificate of registration to operate a proprietary school under this chapter or an exemption certificate under Section 13-34-107.5 if: (a) the division finds that the order is in the public interest; and (b) (i) the registration statement, renewal statement, or application for an exemption certificate is incomplete, false, or misleading in any respect; (ii) the division determines that the educational credential associated with the proprietary school or accredited institution represents the undertaking or completion of educational achievement that has not been undertaken and earned; or (iii) the proprietary school, accredited institution, or an individual described in Subsection 13-34-107(2)(a)(ii)(B) has: (A) violated any provision of: (I) this chapter; (II) the rules made by the division pursuant to this chapter; or (III) a commitment made in a registration statement for a certificate of registration to operate the proprietary school or in an application for an exemption certificate; (B) caused or allowed to occur a violation of any provision of: (I) this chapter; (II) the rules made by the division pursuant to this chapter; or (III) a commitment made in a registration statement for a certificate of registration to operate the proprietary school; (C) been enjoined by any court, or is the subject of an administrative or judicial order issued in this or another state, if the injunction or order: (I) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (II) was based on a finding of lack of integrity, truthfulness, or mental competence; (D) been convicted of a crime involving moral turpitude; (E) obtained or attempted to obtain a certificate of registration under this chapter by misrepresentation; (F) failed to timely file with the division any report required by: (I) this chapter; or (II) rules made by the division pursuant to this chapter; (G) failed to furnish information requested by the division; or (H) failed to pay an administrative fine imposed by the division in accordance with this chapter. (2) Division staff may place reasonable limits upon a proprietary school's continued certificate of registration to operate if: (a) there are serious concerns about the proprietary school's ability to provide the training in the manner approved by the division; and (b) limitation is warranted to protect the students' interests. (3) (a) The division may: (i) conduct a criminal background check on an individual described in Subsection
13-34-107(2)(a)(ii)(B); and
Amended by Chapter 221, 2011 General Session |
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