2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 2 - Postsecondary School Responsibilities › Section 201 - Registration statement -- Registration certificate.

Effective 1/1/2024
13-34-201.
Registration statement -- Registration certificate.
(1) Unless exempt under Section 13-34-111, a person shall file a registration statement and obtain a registration certificate before operating a postsecondary school in this state.
(2) Before the division issues a registration certificate for a postsecondary school, the postsecondary school shall file with the division a registration statement that complies with:
(a) the requirements of this chapter; and
(b) rules made by the division in accordance with this chapter and Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) A registration statement shall:
(a) be submitted on a form approved by the division;
(b) designate the certificate that the postsecondary school seeks;
(c) state whether the postsecondary school is:
(i) not accredited by an accrediting agency;
(ii) an accredited postsecondary school; or
(iii) a longstanding nonprofit accredited postsecondary school;
(d) designate a person who is authorized to respond to an inquiry from the division; and
(e) include all information required by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) A registration statement shall be:
(a) signed by the postsecondary school's owner or responsible officer; and
(b) verified by an unsworn declaration in accordance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act.
(5) A postsecondary school that submits a registration statement shall pay a non-refundable fee the division establishes in accordance with Sections 13-34-102 and 63J-1-504.
(6)
(a) The division may require a postsecondary school's principal to:
(i) submit a fingerprint card in a form acceptable to the division; and
(ii) consent to a criminal background check by:
(A) the Federal Bureau of Investigation;
(B) the Utah Bureau of Criminal Identification; or
(C) another agency of any state that performs criminal background checks.
(b) The postsecondary school or the postsecondary school's principal who is the subject of the background check shall pay the cost of:
(i) the fingerprint card described in Subsection (6)(a)(i); and
(ii) the criminal background check described in Subsection (6)(a)(ii).
(7)
(a) A person shall submit a separate registration statement for each postsecondary school the person operates.
(b) Notwithstanding Subsection (7)(a), a longstanding nonprofit accredited postsecondary school that has obtained and holds an active registration certificate is not required to submit a separate registration statement for a postsecondary school that:
(i) is wholly owned and operated by the longstanding nonprofit accredited postsecondary school;
(ii) is disclosed on the longstanding nonprofit accredited postsecondary school's registration statement; and
(iii) operates as a nonprofit organization.
(8) A registration certificate expires:
(a) one year after it is issued to a postsecondary school that is not an accredited postsecondary school; or
(b) two years after it is issued to an accredited postsecondary school.
(9) A registration statement, and any certificate issued in accordance with this chapter, are not transferable.
(10) Notwithstanding Subsection (8), the division may extend the period for which a registration certificate is effective so that expiration dates are staggered throughout the year.
Repealed and Re-enacted by Chapter 458, 2023 General Session