2006 Utah Code - 13-34-105 — Exempted institutions.

     13-34-105.   Exempted institutions.
     (1) This chapter does not apply to the following institutions:
     (a) a Utah institution directly supported, to a substantial degree, with funds provided by:
     (i) the state;
     (ii) a local school district; or
     (iii) other Utah governmental subdivision;
     (b) an institution that offers instruction exclusively at or below the 12th grade level;
     (c) a lawful enterprise that offers only professional review programs, such as C.P.A. and bar examination review and preparation courses;
     (d) a private, postsecondary educational institution that is owned, controlled, operated, or maintained by a bona fide church or religious denomination, which is exempted from property taxation under the laws of this state;
     (e) subject to Subsection (3), a school or institution that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
     (f) subject to Subsection (4), a business organization, trade or professional association, fraternal society, or labor union that:
     (i) sponsors or conducts courses of instruction or study predominantly for bona fide employees or members; and
     (ii) does not, in advertising, describe itself as a school;
     (g) an institution that exclusively offers general education courses or instruction solely remedial, avocational, nonvocational, or recreational in nature, that does not:
     (i) advertise occupation objectives; or
     (ii) grant educational credentials;
     (h) an institution that offers only workshops or seminars:
     (i) lasting no longer than three calendar days; and
     (ii) for which academic credit is not awarded;
     (i) an institution that offers programs:
     (i) in barbering, cosmetology, real estate, or insurance; and
     (ii) that are regulated and approved by a state or federal governmental agency;
     (j) an education provider certified by the Division of Real Estate under Section 61-2c-103;
     (k) an institution that offers aviation training if the institution:
     (i) (A) is approved under Part 141, Federal Aviation Regulations, 14 C.F.R. Chapter 141; or
     (B) provides aviation training under Part 61, Federal Aviation Regulations, 14 C.F.R. Chapter 61; and
     (ii) exclusively offers aviation training that a student fully receives within 24 hours after the student pays any tuition, fee, or other charge for the aviation training; and
     (l) an institution that provides emergency medical services training if all of the institution's instructors, course coordinators, and courses are approved by the Department of Health.
     (2) (a) If available evidence suggests that an exempt institution under this section is not in compliance with the standards of registration under this chapter and applicable division rules, the division shall contact the institution and, if appropriate, the state or federal government agency to request corrective action.

---

     (b) Subsection (2)(a) does not apply to an institution exempted under Subsection (1)(e).
     (3) An institution, branch, extension, or facility operating within the state that is affiliated with an institution operating in another state must be separately approved by the affiliate's regional or national accrediting agency to qualify for the exemption described in Subsection (1)(e).
     (4) For purposes of Subsection (1)(f), a business organization, trade or professional association, fraternal society, or labor union is considered to be conducting the course predominantly for bona fide employees or members if it hires a majority of the persons who:
     (a) successfully complete its course of instruction or study with a reasonable degree of proficiency; and
     (b) apply for employment with that same entity.

Amended by Chapter 47, 2006 General Session