2006 Utah Code - 13-34-113 — Denial, suspension, or revocation of a certificate of registration -- Limitations.

     13-34-113.   Denial, suspension, or revocation of a certificate of registration -- Limitations.
     (1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63, Chapter 46b, Administrative Procedures Act, the division may initiate proceedings to deny, suspend, or revoke a certificate of registration to operate a proprietary school under this chapter if:
     (a) the division finds that the order is in the public interest; and
     (b) (i) the registration statement or renewal statement is incomplete, false, or misleading in any respect;
     (ii) the division determines that the educational credential associated with the proprietary school represents the undertaking or completion of educational achievement that has not been undertaken and earned; or
     (iii) the proprietary school or an individual described in Subsection 13-34-107(2)(a)(ii)(B) has:
     (A) violated any provision of:
     (I) this chapter;
     (II) the rules made by the division pursuant to this chapter; or
     (III) a commitment made in a registration statement for a certificate of registration to operate the proprietary school;
     (B) caused or allowed to occur a violation of any provision of:
     (I) this chapter;
     (II) the rules made by the division pursuant to this chapter; or
     (III) a commitment made in a registration statement for a certificate of registration to operate the proprietary school;
     (C) been enjoined by any court, or is the subject of an administrative or judicial order issued in this 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 moral turpitude;
     (E) obtained or attempted to obtain a certificate of registration under this chapter by misrepresentation;
     (F) failed to timely file with the division any report required by:
     (I) this chapter; or
     (II) rules made by the division pursuant to this chapter;
     (G) failed to furnish information requested by the division; or
     (H) failed to pay an administrative fine imposed by the division in accordance with this chapter.
     (2) Division staff may place reasonable limits upon a proprietary school's continued certificate of registration to operate if:
     (a) there are serious concerns about the proprietary school's ability to provide the training in the manner approved by the division; and
     (b) limitation is warranted to protect the students' interests.
     (3) The division may:
     (a) conduct a criminal background check on an individual described in Subsection

13-34-107(2)(a)(ii)(B); and
     (b) require a proprietary school to provide to the division any information necessary to conduct a criminal background check on an individual described in Subsection 13-34-107(2)(a)(ii)(B).

Amended by Chapter 242, 2005 General Session