13-34-103. Rulemaking authority.
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Effective 5/6/2026
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, 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 or certificate of deposit 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 or certificate of deposit 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).
Amended by Chapter 95 , 2026 General Session