13-34-109. Required disclosures.
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Effective 5/6/2026
13-34-109. Required disclosures.
(1)As used in this section, "cooling off period" means a three-business day period during which a student may rescind an enrollment agreement and receive a refund of all money paid, except:
(a)a reasonable application fee; and
(b)a deposit that does not exceed 10% of the total cost of tuition for the first term.
(2)Before a postsecondary school may enroll or accept payment from a student, the postsecondary school shall clearly and conspicuously disclose in writing to the student:
(a)the postsecondary school's name, address, and location;
(b)the requirements or qualifications a student is required to satisfy to enroll in the postsecondary school;
(c)a complete description of the services for which the student will pay, including:
(i)facilities, faculty, resources, or equipment that the student may use in connection with the services, or to access the services;
(ii)the duration of services provided; and
(iii)completion or graduation requirements;
(d)information regarding how the postsecondary school's services relate to state licensing requirements if the services are intended to prepare a student for licensure;
(e)tuition, fees, and any other charge or expense to be paid by the student;
(f)a financial assistance policy, if any;
(g)the complete terms of any financing agreement, including an income sharing or other agreement, offered to the student;
(h)the postsecondary school's cancellation and tuition refund policy which shall include, at a minimum:
(i)a cooling off period that may not end before midnight on the third business day after the latest of:
(A)the day on which the student signs the enrollment agreement;
(B)the day on which the student pays the postsecondary school for services, other than an application fee;
(C)the day on which the student first attends the postsecondary school; or
(D)the day on which the student first gains access to the postsecondary school's services; and
(ii)a written description of the postsecondary school's refund policy following the cooling off period described in Subsection (2)(h)(i) ;
(i)whether the postsecondary school is accredited by an accrediting agency; and
(ii)whether the program in which a student intends to enroll is accredited by an accrediting agency, if applicable;
(j)the existence and amount of the postsecondary school's surety bond or certificate of deposit;
(k)information regarding how to file a complaint against the postsecondary school with the division, the postsecondary school's accrediting agency, and the postsecondary school's approval or licensing entity; and
(l)student outcomes specified in rules made by the division under Section 13-34-103 .
(3)A postsecondary school may comply with Subsection (2)(k) by placing a conspicuous link on the postsecondary school's website that connects to:
(a)the contact information for each entity described in Subsection (2)(k) with which a person may file a complaint; or
(b)a third party's website that states the contact information for each entity described in Subsection (2)(k) with which a person may file a complaint.
Amended by Chapter 95 , 2026 General Session