UT Code § 13-34-105 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 34 - Utah Postsecondary Proprietary School Act|Part 1 - General Provisions|Section 105 - Exempted institutions.

 Effective 5/5/2021  13-34-105. Exempted institutions.    (1) The following institutions are exempt from the provisions of this chapter, if the institution establishes an exemption with the division in accordance with Subsection 13-34-107(1)(b)(ii):   (a) a Utah institution directly supported, to a substantial degree, with funds provided by:   (i) the state;     (ii) a local school district; or     (iii) any other Utah governmental subdivision;       (b) a lawful enterprise that offers only professional review programs, including C.P.A. and bar examination review and preparation courses;     (c) a private institution that:   (i) provides postsecondary education; and     (ii) is owned, controlled, operated, or maintained by a bona fide church or religious denomination, that is exempted from property taxation under the laws of this state;       (d) an institution that is accredited by an accrediting agency recognized by the United States Department of Education;     (e) subject to Subsection (4), a business organization, trade or professional association, fraternal society, or labor union that:   (i) sponsors or conducts courses of instruction or study predominantly for bona fide employees or members; and     (ii) does not advertise as a school;       (f) an institution that, with regard to postsecondary education, exclusively offers one or more of the following:   (i) general education:   (A) that is remedial, avocational, nonvocational, or recreational in nature; and     (B) for which the institution does not advertise occupation objectives or grant a degree, diploma, or other educational credential commensurate with a degree or diploma;       (ii) preparation for individuals to teach courses or instruction described in Subsection (1)(f)(i)(A);     (iii) courses in English as a second language;     (iv) instruction at or below the 12th grade level;     (v) nurse aide training programs that are approved by:   (A) the Bureau of Health Facility Licensing and Certification; or     (B) an entity authorized by the Bureau of Health Facility Licensing and Certification to approve nurse aide certification programs;       (vi) content:   (A) that is exclusively available on the Internet;     (B) for which the institution charges $1,000 or less in a 12-month period; and     (C) for which the institution does not grant educational credentials other than a certificate that indicates completion and that does not represent achievement or proficiency;       (vii) instruction to advance personal development or general professional skills:   (A) that is not independently sufficient to be a program of training for employment or a specific field; and     (B) for which the institution does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; or       (viii) instruction designed to prepare an individual to run for political office, for which the institution does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma;       (g) an institution that offers only workshops or seminars:   (i) lasting no longer than three calendar days; and     (ii) for which academic credit is not awarded;       (h) an institution that offers programs:   (i) in barbering, cosmetology, real estate, or insurance; and     (ii) that are regulated and approved by a state or federal governmental agency;       (i) an education provider certified by the Division of Real Estate under Section 61-2c-204.1;     (j) an institution that offers aviation training if the institution:   (i)   (A) is approved under Federal Aviation Regulations, 14 C.F.R. Part 141; or     (B) provides aviation training under Federal Aviation Regulations, 14 C.F.R. Part 61; and       (ii) does not collect tuition, fees, membership dues, or other payment more than 24 hours before the student receives the aviation training; and       (k) an institution that provides emergency medical services training if all of the institution's instructors, course coordinators, and courses are approved by the Department of Health.       (2) An institution that no longer qualifies for an exemption that the institution established with the division under Subsection 13-34-107(1)(b)(ii) shall comply with the other provisions of Section 13-34-107.     (3) An institution, branch, extension, or facility operating within the state that is affiliated with an institution operating in another state shall be separately approved by the affiliate's accrediting agency to qualify for the exemption described in Subsection (1)(d).     (4) For purposes of Subsection (1)(e), a business organization, trade or professional association, fraternal society, or labor union is considered to be conducting the course predominantly for bona fide employees or members if the entity hires a majority of the individuals who:   (a) successfully complete the course of instruction or study with a reasonable degree of proficiency; and     (b) apply for employment with that same entity.       (5) If the United States Department of Education no longer recognizes an institution's accrediting agency, the institution remains exempt under Subsection (1)(d):   (a) during any grace period provided by the United States Department of Education for obtaining new accreditation, if the institution demonstrates to the division that the institution is within the grace period; or     (b) if the institution demonstrates to the division that the United States Department of Education otherwise considers the institution to have recognized accreditation.      Amended by Chapter 266, 2021 General Session