No. 43612 (5-year Review): Rule R152-34a. Utah Postsecondary School State Authorization Act Rule

DAR File No.: 43612
Filed: 04/01/2019 12:00:57 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is promulgated pursuant to Subsections 13-2-5(1) and 13-34a-103(2)(d). Subsection 13-2-5(1) allows the Division of Consumer Protection (Division) director to promulgate rules to administer and enforce, among others, Section 13-34a-101 et seq. Subsection 13-34a-103(2)(d) directs the Division to make rules governing: the content and form of a registration form; the filing and review procedures related to registration; the filing and review of complaints filed with the Division; denial, suspension, or revocation of a certificate of postsecondary school state authorization; and enforcement of the chapter.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division has received no written comments regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule creates the procedure by which postsecondary schools apply for postsecondary school state authorization, and specifies the information that must be provided with an application. This rule also creates the procedure a person must follow to file a complaint against a postsecondary school that holds a certificate of state authorization. Finally, this rule details standards a postsecondary school must meet, explains when and how the Division may investigate a postsecondary school, and explains the consequences of a postsecondary school's failure to comply with this rule or Section 13-34a-101 et seq. In sum, this rule provides guidance and certainty to postsecondary schools that seek to obtain or maintain state authorization, and also protects consumers by requiring postsecondary schools to meet basic financial and record-keeping standards. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Daniel Larsen at the above address, by phone at 801-530-6145, by FAX at , or by Internet E-mail at [e-mail]

Effective:

04/01/2019

Authorized by:

Daniel O'Bannon, Director

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