2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 108 - Prohibited acts.

Effective 1/1/2024
13-34-108.
Prohibited acts.
(1) A person may not operate a postsecondary school in this state unless:
(a)
(i) the person files with the division a registration statement for the postsecondary school that complies with:
(A) the requirements of this chapter; and
(B) rules made by the division; and
(ii) the division issues a registration certificate to the postsecondary school; or
(b) the postsecondary school is exempt from the requirement to submit a registration statement under Section 13-34-111.
(2) A person who operates a postsecondary school, a postsecondary school, or a postsecondary school's agent or principal may not:
(a) omit from a registration statement a material statement of fact required by this chapter or rule made by the division under this chapter;
(b) include in a registration statement any material statement of fact that the person, postsecondary school, or the postsecondary school's principal or agent knew or should have known to be false, deceptive, inaccurate, or misleading;
(c) in connection with any investigation or request for information made by the division in accordance with this chapter, make any material statement of fact that the person, postsecondary school, or agent knew or should have known to be false, deceptive, inaccurate, or misleading;
(d) fail to provide a refund to a student within 30 days of receiving a valid request for a refund;
(e) engage in a deceptive act or practice in connection with offering or providing postsecondary education;
(f) make or cause to be made an oral, written, or visual statement or representation that the person who operates a postsecondary school, a postsecondary school, or a postsecondary school's principal or agent knows or should know is false, deceptive, substantially inaccurate, or misleading; or
(g) fail to comply with the requirements of this chapter or rule made under this chapter.
(3)
(a) A postsecondary school may not offer, sell, or award an educational credential unless the recipient of the educational credential has received instruction and successfully completed requirements for the educational credential that are commensurate with reasonable standards applicable to the educational credential.
(b) Subsection (3)(a) does not apply to:
(i) an educational credential that is clearly and conspicuously designated as an honorary educational credential; or
(ii) a certificate or other award that does not designate enrollment in or successful completion of instruction or requirements to obtain a credential.
(4) A postsecondary school's name shall not contain any reference that is misleading to a student or the public with respect to the type or nature of the postsecondary school's services, affiliation, or structure.
(5) A postsecondary school's principal or agent may not misrepresent the principal's or agent's level of educational attainment or other qualification in connection with the postsecondary school's operation.
(6) A postsecondary school may not represent that it is endorsed or approved by the division or the state.
(7) After a postsecondary school provides notice to the division that the postsecondary school will cease operations as described in Section 13-34-205, the postsecondary school may not:
(a) advertise, recruit, enroll, or offer services to a new student;
(b) charge an existing student for services beyond those for which the student has already paid or is obligated to pay;
(c) fail to notify a student that the postsecondary school intends to cease operations; or
(d) fail to comply with the requirements of Section 13-34-205.
(8) A violation of this chapter is also a violation of Subsection 13-11-4(1).
Repealed and Re-enacted by Chapter 458, 2023 General Session