Responses Last Confirmed:

Utah Division of Consumer Protection

Agency Information

Guide Topics

Agency Contact

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

Additional Contact

Secretary of State Contact

Utah Division of Corporations.
https://corporations.utah.gov/
Topic

Moved 1: Important Agency Information to Note

a.
Provide any important information about your agency.

In the 2023 legislative session, the Utah legislature passed SB 180 which resulted in changes to postsecondary school regulation in Utah.

Topic

1: Important Agency Information to Note

a.
What types of institutions are subject to this agency’s authority?

_____ Public, in-state degree granting institutions
__*__  Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
__*__  Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions
__X__ Non-degree, for-profit institutions
__X__ Religious institutions
__?__ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

* The Utah Postsecondary School and State Authorization Act, Utah Code 13-34, does not apply to a public postsecondary school. Notwithstanding, the Division may issue a state authorization certificate to a public postsecondary school in accordance with Section 13-34-302.

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

_X___ Institution _____ Program _____ Both

c.
Clarifying comments:

No response provided

Topic

3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

a.
Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

No.

b.
If yes, please check all that apply as appropriate.

No response provided

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

c.
Clarifying comments:

No response provided

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

Please review the exemption section of the Utah Postsecondary School and State Authorization Act, Utah Code 13-34-111.

b.
If yes, for what types of institutions? Which types of programs?

Please review the exemption section of the Utah Postsecondary School and State Authorization Act, Utah Code 13-34-111.

c.
Web link for exemptions.

Please review the exemption section of the Utah Postsecondary School and State Authorization Act, Utah Code 13-34-111.

d.
Clarifying comments:

An exempt postsecondary school is exempt from Sections 13-34-201 through 13-34-205, but not the remaining Sections of the Act.

Topic

2: Authorization of Distance Education

a.
Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

d.
Clarifying comments:

No response provided.

Topic

4: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

b.
Web link for physical presence definition.

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

c.
Clarifying comments:

No response provided

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

The Utah System of Higher Education is the portal agency for Utah and takes SARA complaints. Their website link is https://ushe.edu/sara. If warranted, the complaint may be forwarded to the Utah Division of Consumer Protection for further investigation.

b.
Is the non-SARA 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 and instate public institutions. If warranted, the complaint may be forwarded to the Utah Division of Consumer Protection for further investigation.

c.
Web link for student complaints – SARA participating institutions.

https://ushe.edu/office-of-commissioner/state-authorization-ut-sara/#submit-complaint

d.
Who is the contact person or entity for your state for receiving non-SARA student complaints?
e.
Clarifying comments:

No response provided

Topic

12: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

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.

b.
Is the non-SARA 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.)?

Yes.

c.
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. 

d.
Who is the contact person or entity for your state for receiving non-SARA student complaints?
e.
Web link for the non-SARA complaint form.

https://dcp.utah.gov/complaints.html

f.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

a.
Does your agency require a Surety Bond for authorized out-of-state institutions?

It depends.  Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

b.
Web link for surety bonds.

https://dcp.utah.gov/for-businesses/postsecondary-schools-and-state-authorization/apply-for-registration/

c.
Clarifying comments:

No response provided.

Topic

9: Tuition Refund Policy

a.
Does your agency have a Tuition Refund Policy Requirement?

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

b.
If yes, for what types of institutions?

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

c.
Web link for tuition refund policy.

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

d.
Clarifying comments:

No response provided

Topic

8: Student Tuition Recovery Fund

a.
Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

No

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

10: Reporting

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

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

b.
How frequently do institutions report data?

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

c.
Is this information shared publicly?

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

d.
Web link for reporting.

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

e.
Clarifying comments:

No response provided

Topic

11: Enforcement

a.
What are possible consequences of institutional non-compliance?

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 School State Authorization Act, Utah Code Ann. §13-34: It depends.  Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

5: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

Please review the Utah Postsecondary School and State Authorization Act and the Administrative Rules.  Link to the application.

b.
Web link for application.

https://dcp.utah.gov/for-businesses/postsecondary-schools-and-state-authorization/apply-for-registration/

c.
Clarifying comments:

No response provided

Topic

6: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

$850

b.
If yes, what is the fee or fee schedule?

No response provided

c.
Web link for fee information.

No response provided

d.
Clarifying comments:

No response provided

Topic

13: Records Retention

a.
When a higher education institution closes, what is the process your state uses to ensure that transcripts/records are kept available?

Utah Postsecondary School and State Authorization Act and the Administrative Rules.

b.
From what agency or entity do students request their transcripts/records from a closed higher education institution?

Utah Postsecondary School and State Authorization Act and the Administrative Rules.

c.
Clarifying comments:

No response provided

Topic

14: Additional Information

a.
Is there anything else about the state authorization process in your state that institutions and others ought to know about?

No response provided