(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, 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.

(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.

(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.

(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;

(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;

(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;

(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;

(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.

(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) (a) The division may require an individual described in Subsection 13-34-107(2)(a)(ii)(B) to: (i) submit a fingerprint card in a form acceptable to the division; and (ii) consent to a criminal background check by: (A) the Federal Bureau of Investigation; (B) the Utah Bureau of Criminal Identification; or (C) another agency of any state that performs criminal background checks. (b) The proprietary school or the individual who is subject to the background check shall pay the cost of: (i) the fingerprint card described in Subsection (3)(a)(i); and (ii) the criminal background check.

(a) The division may require an individual described in Subsection 13-34-107(2)(a)(ii)(B) to: (i) submit a fingerprint card in a form acceptable to the division; and (ii) consent to a criminal background check by: (A) the Federal Bureau of Investigation; (B) the Utah Bureau of Criminal Identification; or (C) another agency of any state that performs criminal background checks.

(i) submit a fingerprint card in a form acceptable to the division; and

(ii) consent to a criminal background check by: (A) the Federal Bureau of Investigation; (B) the Utah Bureau of Criminal Identification; or (C) another agency of any state that performs criminal background checks.

(A) the Federal Bureau of Investigation;

(B) the Utah Bureau of Criminal Identification; or

(C) another agency of any state that performs criminal background checks.

(b) The proprietary school or the individual who is subject to the background check shall pay the cost of: (i) the fingerprint card described in Subsection (3)(a)(i); and (ii) the criminal background check.

(i) the fingerprint card described in Subsection (3)(a)(i); and

(ii) the criminal background check.