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2025 Utah Code
Title 13 - Commerce and Trade
Chapter 34 - Utah Postsecondary School and State Authorization Act
Part 1 - General Provisions
Section 103 - Rulemaking authority.
Universal Citation:
UT Code § 13-34-103 (2025)
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Effective 1/1/2024
13-34-103. Rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules:
Repealed and Re-enacted by Chapter 458, 2023 General Session
13-34-103. Rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules:
- (1) establishing the form and content of:
- (a) a registration statement; and
- (b) a surety bond, certificate of deposit, irrevocable letter of credit, or other proof of financial viability required under Section 13-34-202;
- (2) specifying the information a postsecondary school is required to provide with a registration statement, which may vary based upon factors including:
- (a) the certificate the postsecondary school seeks;
- (b) whether the postsecondary school is an accredited postsecondary school; and
- (c) whether the postsecondary school is a longstanding nonprofit accredited postsecondary school;
- (3) establishing the amount of a surety bond, certificate of deposit, or irrevocable letter of credit required under Section 13-34-202, not to exceed an amount equal to the tuition and fees a postsecondary school anticipates receiving during a school year;
- (4) providing for the execution and cancellation of the surety bond, certificate of deposit, or irrevocable letter of credit a postsecondary school obtains in accordance with Section 13-34-202;
- (5) establishing the amount of money a school may charge a student in a 12 month period to qualify for an exemption in accordance with Subsection 13-34-111(3)(d)(i)(C);
- (6) specifying acts or practices that:
- (a) are prohibited in accordance with Section 13-34-108; and
- (b) a postsecondary school that intends to cease operating is required to carry out;
- (7) specifying student outcomes a postsecondary school is required to disclose under Section 13-34-109;
- (8) specifying the electronic format in which a postsecondary school is required to maintain an educational credential in accordance with Section 13-34-203;
- (9) establishing the type and number of credits required to obtain a degree or diploma from a postsecondary school that is not an accredited postsecondary school; and
- (10) establishing:
- (a) standards for granting to a postsecondary school a state authorization certificate in accordance with a reciprocity agreement;
- (b) any filing, document, or fee required for a postsecondary school to obtain a state authorization certificate in accordance with a reciprocity agreement; and
- (c) penalties for a postsecondary school that fails to comply with rules the division makes under this Subsection (10).
Repealed and Re-enacted by Chapter 458, 2023 General Session
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