Section 102 - Definitions.

UT Code § 13-34a-102 (2019) (N/A)
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(1) "Accredited institution" means a postsecondary school that is accredited by an accrediting agency.

(2) "Accrediting agency" means a regional or national private educational association that: (a) is recognized by the United States Department of Education; (b) develops evaluation criteria; and (c) conducts peer evaluations to assess whether a postsecondary school meets the criteria described in Subsection (2)(b).

(a) is recognized by the United States Department of Education;

(b) develops evaluation criteria; and

(c) conducts peer evaluations to assess whether a postsecondary school meets the criteria described in Subsection (2)(b).

(3) "Agent" means a person who: (a) (i) owns an interest in a postsecondary school; or (ii) is employed by a postsecondary school; and (b) (i) enrolls or attempts to enroll a Utah resident in a postsecondary school; (ii) offers to award an educational credential for remuneration on behalf of a postsecondary school; or (iii) holds oneself out to Utah residents as representing a postsecondary school for any purpose.

(a) (i) owns an interest in a postsecondary school; or (ii) is employed by a postsecondary school; and

(i) owns an interest in a postsecondary school; or

(ii) is employed by a postsecondary school; and

(b) (i) enrolls or attempts to enroll a Utah resident in a postsecondary school; (ii) offers to award an educational credential for remuneration on behalf of a postsecondary school; or (iii) holds oneself out to Utah residents as representing a postsecondary school for any purpose.

(i) enrolls or attempts to enroll a Utah resident in a postsecondary school;

(ii) offers to award an educational credential for remuneration on behalf of a postsecondary school; or

(iii) holds oneself out to Utah residents as representing a postsecondary school for any purpose.

(4) "Certificate of postsecondary state authorization" means a certificate issued by the division to a postsecondary school in accordance with the provisions of this chapter.

(5) "Division" means the Division of Consumer Protection.

(6) "Educational credential" means a degree, diploma, certificate, transcript, report, document, letter of designation, mark, or series of letters, numbers, or words that represent enrollment, attendance, or satisfactory completion of the requirements or prerequisites of an educational program.

(7) "Intentional violation" means a violation of a provision of this chapter that occurs or continues after the division, the attorney general, a county attorney, or a district attorney gives the violator written notice, delivered by certified mail, that the violator is or has been in violation of the provision.

(8) "Operate" means to: (a) maintain a place of business in the state; (b) conduct significant educational activities within the state; or (c) provide postsecondary education to a Utah resident that: (i) is intended to lead to a postsecondary degree or certificate; and (ii) is provided from a location outside the state by correspondence or telecommunications or electronic media technology.

(a) maintain a place of business in the state;

(b) conduct significant educational activities within the state; or

(c) provide postsecondary education to a Utah resident that: (i) is intended to lead to a postsecondary degree or certificate; and (ii) is provided from a location outside the state by correspondence or telecommunications or electronic media technology.

(i) is intended to lead to a postsecondary degree or certificate; and

(ii) is provided from a location outside the state by correspondence or telecommunications or electronic media technology.

(9) "Operating history" means a report, written evaluation, publication, or other documentation regarding: (a) the current accreditation status of a postsecondary school with an accrediting agency; and (b) an action taken by an accrediting agency that: (i) places the postsecondary school on probation; (ii) imposes disciplinary action against the postsecondary school; (iii) requires the postsecondary school to take corrective action; or (iv) provides the postsecondary school with a warning or directive to show cause.

(a) the current accreditation status of a postsecondary school with an accrediting agency; and

(b) an action taken by an accrediting agency that: (i) places the postsecondary school on probation; (ii) imposes disciplinary action against the postsecondary school; (iii) requires the postsecondary school to take corrective action; or (iv) provides the postsecondary school with a warning or directive to show cause.

(i) places the postsecondary school on probation;

(ii) imposes disciplinary action against the postsecondary school;

(iii) requires the postsecondary school to take corrective action; or

(iv) provides the postsecondary school with a warning or directive to show cause.

(10) "Ownership" means: (a) the controlling interest in a postsecondary school; or (b) if an entity holds the controlling interest in the postsecondary school, the controlling interest in the entity that holds the controlling interest in the postsecondary school.

(a) the controlling interest in a postsecondary school; or

(b) if an entity holds the controlling interest in the postsecondary school, the controlling interest in the entity that holds the controlling interest in the postsecondary school.

(11) "Postsecondary education" means education or educational services offered primarily to individuals who: (a) have completed or terminated their secondary or high school education; or (b) are beyond the age of compulsory school attendance.

(a) have completed or terminated their secondary or high school education; or

(b) are beyond the age of compulsory school attendance.

(12) (a) "Postsecondary school" means a person that provides or offers educational services to individuals who: (i) have completed or terminated secondary or high school education; or (ii) are beyond the age of compulsory school attendance. (b) "Postsecondary school" does not include an institution that is part of the state system of higher education under Section 53B-1-102.

(a) "Postsecondary school" means a person that provides or offers educational services to individuals who: (i) have completed or terminated secondary or high school education; or (ii) are beyond the age of compulsory school attendance.

(i) have completed or terminated secondary or high school education; or

(ii) are beyond the age of compulsory school attendance.

(b) "Postsecondary school" does not include an institution that is part of the state system of higher education under Section 53B-1-102.

(13) "Private postsecondary school" means a postsecondary school that is not a public postsecondary school.

(14) "Public postsecondary school" means a postsecondary school: (a) established by a state or other governmental entity; and (b) substantially supported with government funds.

(a) established by a state or other governmental entity; and

(b) substantially supported with government funds.