13-34-101. Definitions.

638 words·~3 min read·/ut/title-13/chapter-34/13-34-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

As used in this chapter:

(1)"Accredited postsecondary school" means a postsecondary school that is accredited by an accrediting agency.

(2)"Accrediting agency" means a private educational association that:

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

(b)develops education criteria; and

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

(3)"Agent" means a person who:

(a)owns an interest in a postsecondary school;

(b)is employed by a postsecondary school;

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

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

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

(4)"Apprentice" means the same as that term is defined in Section 35A-6-102 .

(5)"Apprenticeship" means the same as that term is defined in Section 35A-6-102 .

(6)"Distance postsecondary education" means the same as that term is defined in 20 U.S.C. Sec. 1003(7).

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

(8)"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.

(9)"Longstanding nonprofit accredited postsecondary school" means an accredited postsecondary school that:

(a)is a nonprofit organization; and

(b)has operated continuously as a nonprofit for at least 20 years.

(10)"Nonprofit organization" means a nonprofit corporation or foreign nonprofit corporation as those terms are defined in Section 16-6a-102 .

(11)"Operate" means to:

(a)maintain a physical presence in the state; or

(b)provide postsecondary education to an individual who resides in the state.

(12)"Physical presence" means:

(a)to maintain in the state a physical location where a student receives postsecondary education; or

(b)to provide to a student distance postsecondary education from a location in this state.

(a)"Postsecondary education" means education or educational services offered primarily to an individual who:

(i)has completed or terminated their secondary or high school education; or

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

(b)"Postsecondary education" does not include instruction at or below the 12th grade level.

(14)"Postsecondary school" means a person that offers postsecondary education:

(a)in exchange for payment of tuition, fees, or other consideration; and

(b)for the purpose of attaining educational, professional, or vocational objectives.

(15)"Principal" means a postsecondary school's owner, officer, director, trustee, or administrator.

(16)"Public postsecondary school" means a postsecondary school that is:

(i)an institution listed in Section 53H-1-102 ; or

(ii)established by another state or other governmental entity; and

(b)substantially supported with government funds.

(17)"Reciprocity agreement" means an agreement the division enters into with another state in accordance with Section 13-34-303 .

(a)"Registration certificate" means approval from the division to operate a postsecondary school in accordance with this chapter, and with rules adopted in accordance with this chapter.

(b)"Registration certificate" does not mean an approval or endorsement of the postsecondary school by the division or the state.

(19)"Registration statement" means an application and accompanying documentation required under this chapter for:

(a)a registration certificate; or

(b)a state authorization certificate.

(a)"State authorization certificate" means a certificate that the division issues to an accredited postsecondary school in accordance with Section 13-34-302 .

(b)"State authorization certificate" does not mean an approval or endorsement of the accredited postsecondary school by the division or the state.

(21)"Student" means:

(a)a person who pays or is obligated to pay a postsecondary school for postsecondary education; or

(b)a legal guardian of a person described in Subsection (21)(a) .

Amended by Chapter 9 , 2025 Special Session 1