2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 106 - Denial, suspension, or revocation of registration statement, registration certificate, or state authorization certificate -- Limits on registration certificate and state authorization certificate.

Effective 1/1/2024
13-34-106.
Denial, suspension, or revocation of registration statement, registration certificate, or state authorization certificate -- Limits on registration certificate and state authorization certificate.
(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke a registration statement, registration certificate, or state authorization certificate if:
(a) the division finds that the denial, suspension, or revocation is in the public interest; and
(b)
(i) the registration statement is incomplete, false, or misleading;
(ii) the division determines that a postsecondary school's educational credential represents undertaking or completing an educational achievement that has not been undertaken or completed; or
(iii) a postsecondary school or a principal of the postsecondary school has:
(A) violated, caused a violation, or allowed a violation of a provision of:
(I) this chapter;
(II) a rule made by the division under this chapter; or
(III) a commitment made in a registration statement;
(B) violated Chapter 11, Utah Consumer Sales Practices Act;
(C) been enjoined by a court, or is the subject of an administrative or judicial order issued in Utah 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 theft, fraud, or dishonesty;
(E) obtained or attempted to obtain a registration certificate by misrepresenting any material fact;
(F) failed to timely file with the division a report required by:
(I) this chapter; or
(II) a rule made by the division under this chapter;
(G) failed to furnish information requested by the division;
(H) failed to pay an administrative fine imposed by the division under this chapter, or a fine imposed by an administrative or judicial order in Utah or another state;
(I) failed to demonstrate fiscal responsibility;
(J) failed to pay the fee required to file a registration statement;
(K) failed to satisfy the requirements of this chapter or rule made by the division under this chapter; or
(L) failed to satisfy a reasonable restriction or condition the division imposes under Subsection (2).
(2) The division may impose reasonable restrictions and conditions on a postsecondary school's registration certificate or state authorization certificate if:
(a) the restriction or condition protects student interests; and
(b) a behavior or condition described in Subsection (1)(b) applies to the postsecondary school or the postsecondary school's principal, registration statement, or educational credential.
Repealed and Re-enacted by Chapter 458, 2023 General Session