13-34-113 - Denial, suspension, or revocation of a certificate of registration -- Limitations.
13-34-113. Denial, suspension, or revocation of a certificate of registration --Limitations.
(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 chapterif:
(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 misleadingin any respect;
(ii) the division determines that the educational credential associated with the proprietaryschool represents the undertaking or completion of educational achievement that has not beenundertaken and earned; or
(iii) the proprietary school or an individual described in Subsection13-34-107(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 tooperate 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 tooperate the proprietary school;
(C) been enjoined by any court, or is the subject of an administrative or judicial orderissued in this or another state, if the injunction or order:
(I) includes a finding or admission of fraud, breach of fiduciary duty, or materialmisrepresentation; 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 bymisrepresentation;
(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 thischapter.
(2) Division staff may place reasonable limits upon a proprietary school's continuedcertificate of registration to operate if:
(a) there are serious concerns about the proprietary school's ability to provide the trainingin the manner approved by the division; and
(b) limitation is warranted to protect the students' interests.
(3) The division may:
(a) conduct a criminal background check on an individual described in Subsection
(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 chapterif:
(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 misleadingin any respect;
(ii) the division determines that the educational credential associated with the proprietaryschool represents the undertaking or completion of educational achievement that has not beenundertaken and earned; or
(iii) the proprietary school or an individual described in Subsection13-34-107(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 tooperate 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 tooperate the proprietary school;
(C) been enjoined by any court, or is the subject of an administrative or judicial orderissued in this or another state, if the injunction or order:
(I) includes a finding or admission of fraud, breach of fiduciary duty, or materialmisrepresentation; 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 bymisrepresentation;
(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 thischapter.
(2) Division staff may place reasonable limits upon a proprietary school's continuedcertificate of registration to operate if:
(a) there are serious concerns about the proprietary school's ability to provide the trainingin the manner approved by the division; and
(b) limitation is warranted to protect the students' interests.
(3) The division may:
(a) conduct a criminal background check on an individual described in Subsection
13-34-107(2)(a)(ii)(B); and
(b) require a proprietary school to provide to the division any information necessary toconduct a criminal background check on an individual described in Subsection13-34-107(2)(a)(ii)(B).
Amended by Chapter 382, 2008 General Session