Utah Division of Consumer Protection
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1: Important Agency Information to Note
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2: Types of Educational Providers Authorized
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____ 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 institutions
____ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions
_X___ Institution _____ Program _____ Both
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.
3: Accreditation
Yes.
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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
____ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions
Accreditation must be from regional or national accrediting agencies recognized by the US Department of Education.
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.
4: Exemptions
Utah Postsecondary Proprietary School Act Exemptions https://dcp.utah.gov/businesses/schools.html
Utah Postsecondary School State Authorization - No Exemptions
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5: Authorization of Distance Education
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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.
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.
6: Physical Presence Policy
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.
Do not define physical presence.
Definition of Operate: https://le.utah.gov/xcode/Title13/Chapter34A/13-34a-S102.html?v=C13-34a-S102_2017050920170509
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7: Student Complaints - 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://ushe.edu/sara. If the complaint involves a deceptive practice, USHE may forward the complaint to the Utah Division of Consumer Protection for further investigation.
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.
- 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://ushe.edu/office-of-commissioner/state-authorization-ut-sara/#submit-complaint
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8: Student Complaints - Non-SARA Participating Institutions
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.
Handled within the Utah Division of Consumer Protection
Yes.
- 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: https://dcp.utah.gov/
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9: Surety Bonds
No
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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.
10: Tuition Refund Policy
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).
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11: Student Tuition Recovery Fund
No
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12: Reporting
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13: Enforcement
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
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14: Application Process
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.
https://dcp.utah.gov/businesses/stateauth.html
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15: Fees Associated with Authorization
State Authorization fee: $1,500
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16: Records Retention
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.
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.
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17: Additional Information
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