Responses Last Confirmed:

Utah Division of Consumer Protection

Agency Contact

Marla Winegar
801-530-6601
mwinegar@utah.gov

Additional Contact

Secretary of State Contact

Spencer Cox, Lt. Gov
801-538-1041
spencercox@utah.gov
Topic:

Types of Educational Providers Authorized

2A1.
Institution Types Authorized – Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below

No response provided

____ Public, in-state degree granting institutions

____ Public, out-of-state degree granting institutions

____ Private, in-state, not-for-profit degree granting institutions

____ Private, out-of-state, not-for-profit degree granting institutions

____ Private, in-state, for-profit degree granting institutions

____ Private, out-of-state, for-profit degree granting institutions

____ Public, in-state, non-degree granting institutions

____ Public, out-of-state, non-degree granting institutions

____ Non-degree, not-for profit institutions

____ Non-degree, for-profit

2A2.
Clarifying comments:

The Utah legislature passed HB 405 in response to 34 CFR 600.9.  The law became effective on May 13, 2014.  Determining how to register in Utah depends on the school's desire to obtain state authorization under 34 C.F.R. 600.9.  If receiving state authorization is the school’s objective, the school can apply under 13-34a.  If state authorization is not the school’s objective, the school may register or file an exemption pursuant to Utah Code Ann. §13-34-105.

2B1.
Is accreditation required for an institution to be authorized in your state? Yes or No.

Yes.

2B2.
Clarifying comments:

To obtain state authorization under §13-34a, the school must be accredited by a regional or national accrediting body recognized by the US Department of Education.  If the institution is not accredited and is offering postsecondary education to Utah residents whether degree or non-degree granting, in-state or out-of-state, the institution will need to register or establish an exemption pursuant to Utah Code Ann. §13-34.

2B3.
If yes, what type of accreditation is required? Please, check all that apply as appropriate.

No response provided

Regional Accreditation Required for:

____ Public, out-of-state degree granting institutions

____ Private, in-state, not-for-profit degree granting institutions

____ Private, out-of-state, not-for-profit degree granting institutions

____ Private, in-state, for-profit degree granting institutions

____ Private, out-of-state, for-profit degree granting institutions

____ Public, in-state, non-degree granting institutions

____ Public, out-of-state, non-degree granting institutions

____ Non-degree, not-for profit institutions

____ Non-degree, for-profit institutions

__

2B4.
Clarifying comments:

Accreditation must be from regional or national accrediting agencies recognized by the US Department of Education.

2C1.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

_X___ Institution _____ Program _____ Both

2C2.
Clarifying comments:

The Utah legislature passed HB 405 in response to 34 CFR 600.9.  The law became effective on May 13, 2014.  Determining how to register in Utah depends on the school's desire to obtain state authorization under 34 C.F.R. 600.9.  If receiving state authorization is the school’s objective, the school can apply under 13-34a.  If state authorization is not the school’s objective, the school may register or file an exemption pursuant to Utah Code Ann. §13-34-105.

Please review sections 13-34a-203 and 13-34a-204, to determine applicability to your school.

2D1.
Does your state require a Surety Bond for authorized out-of-state institutions? Yes or No.

No. 

2D2.
Clarifying comments:

Surety bonds are required for schools that are registered under the Utah Postsecondary Proprietary School Act, Utah Code § 13-34 and are NOT accredited by a regional or national accrediting body recognized by the US Department of Education.

2E1.
Does your state have a Tuition Refund Policy Requirement? If so, for which types of institutions?

The statute provides for a tuition refund if the postsecondary school's certificate of state authorization is revoked by the Division, §13-34a-303.

The rules mandate the school to disclose to each student in writing the refund policy before requiring a student to make any payment to the school, R152-34a-202(1)(b).

Topic:

Exemptions

3A1.
Are certain institutions or programs exempt by law or policy from your state authorization requirements? If so, for which types of institutions? Which types of programs? Please provide web link.

Utah Postsecondary Proprietary School Act Exemptions https://dcp.utah.gov/businesses/schools.html

Utah Postsecondary School State Authorization - No Exemptions

Topic:

Authorization of Distance Education

4A1.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence? Yes or No.

No response provided

4A2.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard? Yes or No.

No response provided

4A3.
Clarifying comments:

The Utah legislature passed HB 405 in response to 34 CFR 600.9.  The law became effective on May 13, 2014.  Determining how to register in Utah depends on the school's desire to obtain state authorization under 34 C.F.R. 600.9.  If receiving state authorization is the school’s objective, the school can apply under 13-34a.  If state authorization is not the school’s objective, the school may register or file an exemption pursuant to Utah Code Ann. §13-34-105.

Please review sections 13-34a-203 and 13-34a-204, to determine applicability to your school.

4B1.
Does your agency require correspondence study programs to be authorized without regard to physical presence? Yes or No

The Utah legislature passed HB 405 in response to 34 CFR 600.9.  The law became effective on May 13, 2014.  Determining how to register in Utah depends on the school's desire to obtain state authorization under 34 C.F.R. 600.9.  If receiving state authorization is the school’s objective, the school can apply under 13-34a.  If state authorization is not the school’s objective, the school may register or file an exemption pursuant to Utah Code Ann. §13-34-105.

Please review sections 13-34a-203 and 13-34a-204, to determine applicability to your school.

4B2.
Clarifying comments:

No response provided

Topic:

Physical Presence Policy - Common Triggers

5A1.
If your agency uses a physical presence standard, how does your agency define physical presence? If available, please provide a link to that policy or a citation to the relevant regulation giving that standard.

The statute does not define physical presence; however, the Utah Postsecondary State Authorization Act defines operate in 13-34a-102(8).  Operate means to maintain a place of business in the state; conduct significant educational activities within the state; or provide postsecondary education to a Utah resident that: is intended to lead to a postsecondary degree or certificate; and is provided from a location outside the state by correspondence or telecommunications or electronic media technology.

5A2.
URL for physical presence definition
5A3.
Clarifying comments:

No response provided

Topic:

Application Process

6A1.
Description – Please provide a short description of the application process to obtain state authorization. If available, please provide web links to the specific references to all applicable state laws, regulations, manuals, forms, or other pertinent docu

The Utah legislature passed HB 405 in response to 34 CFR 600.9.  The law became effective on May 13, 2014.  Determining how to register in Utah depends on the school's desire to obtain state authorization under 34 C.F.R. 600.9.  If receiving state authorization is the school’s objective, the school can apply under 13-34a.  If state authorization is not the school’s objective, the school may register or file an exemption pursuant to Utah Code Ann. § 13-34-105.

Please review sections 13-34a-203 and 13-34a-204, to determine applicability to your school.

6A2.
URL for application

https://dcp.utah.gov/businesses/stateauth.html

6A3.
Clarifying comments:

No response provided

Topic:

Fees Associated with Authorization

7A1.
Application Fee – Is there an application fee to initiate the authorization process? If so, what is the fee or fee schedule? Please provide a web link if available.

State Authorization fee:  $1,500

7A2.
URL for Fee Information

No response provided

7A3.
Clarifying comments:

No response provided

Topic:

Reporting

8A1.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?

No response provided

8A2.
URL for reporting

No response provided

8A3.
How frequently do institutions report data?

No response provided

8A4.
Is this information published or shared publicly?

No response provided

8A5.
Clarifying comments:

No response provided

Topic:

Consumer Protection and Student Complaints - Non-SARA Participating Institutions

9A1.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

All complaints will be reviewed by the complaint processor to determine if it falls within the jurisdiction of the Division.  If the complaint appears to be within the Division's jurisdiction, the complaint will be assigned to an investigator.

9A2.
URL for the complaint form

 https://dcp.utah.gov/complaints.html

9A3.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

Handled within the Utah Division of Consumer Protection

9A4.
Clarifying comments:

No response provided

9B1.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

Yes. 

9B2.
Who is the contact person at your agency for receiving complaints?
  • Contact Name:  Complaint Processor
  • Title
  • Agency:  Utah Division of Consumer Protection
  • Address:  160 E. 300 S., SLC, UT  84114-6704
  • Email:  consumerprotection@utah.gov
  • Phone:  801-530-6604
  • URL:  dcp.utah.gov
9B3.
Clarifying comments:

No response provided

Topic:

Consumer Protection and Student Complaints - SARA Participating Institutions

10A1.
Please describe the process for handling complaints about SARA participating Institutions.

The Utah System of Higher Education "USHE" is the portal agency for Utah and takes SARA complaints.  Their website link is https://higheredutah.org/sara/  If the complaint involves a deceptive practice, USHE may forward the complaint to the Utah Division of Consumer Protection for further investigation.

10A2.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

The Utah System of Higher Education accepts complaints against institutions based in Utah that participate in SARA.  If warranted, the complaint will be forwarded to the Utah Division of Consumer Protection for further investigation.

10A3.
URL for student complaints – SARA participating institutions
10A4.
Who is the contact person at your agency for receiving complaints?
  • Contact Name:  Cynthia "Cyd" Grua
  • Title: 
  • Agency:  Office of the Commissioner for Higher Education, Utah System of Higher Education
  • Address: Board of Regents Building, The Gateway, 60 S. 400 W., SLC, UT  84101
  • Email:  cgrua@ushe.edu
  • Phone:  801-321-7152
  • URL:  https://higheredutah.org/sara/#submit-complaint
10A5.
Clarifying comments:

No response provided

Topic:

Enforcement

11A1.
If your agency has written descriptions of the possible consequence of institutional non-compliance, please provide it (or provide a web link).

Utah Consumer Sales Practices Act:  https://le.utah.gov/xcode/Title13/Chapter11/13-11-S17.html?v=C13-11-S17_2018050820180508. Utah Code Ann. §13-11:

 Utah Postsecondary State Authorization Act, Utah Code Ann. §13-34a: https://le.utah.gov/xcode/Title13/Chapter34A/13-34a-S305.html?v=C13-34a-S305_2014040320140513     (registration for unaccredited institutions)

Utah Postsecondary Proprietary School Act: Utah Code Ann. §13-34: https://le.utah.gov/xcode/Title13/Chapter34/13-34-S111.html?v=C13-34-S111_1800010118000101

Topic:

Records Retention

12A1.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

13-34a Schools:  If a postsecondary school that ceases operation has a student transcript or student diploma, the postsecondary school shall provide for the storage of the transcript or student diploma for at least 60 years; and make the student transcript or student diploma available to the same extent that an education record is available under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 00.  Additionally, the school needs to identify the name and contact information of the individual who will maintain custody of student records.

12B1.
From what agency do students request their transcripts/records from a closed school?

If a postsecondary school that ceases operation has a student transcript or student diploma, the postsecondary school shall provide for the storage of the student transcript or student diploma; and make the student transcript or student diploma available to the same extent that an education record is available under the Family Educational Rights and Privacy Act, 34 C.F.R Part 99.  The Division may accept a copy of a student transcript or student diploma from a postsecondary school that ceases operation. 

Topic:

Additional Information

13A1.
Is there anything else about the authorization process in your state that we and others ought to know about?

No response provided