No. 41610 (5-year Review): Rule R152-34. Postsecondary Proprietary School Act Rules  

  • DAR File No.: 41610
    Filed: 05/08/2017 02:46:05 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:

    Subsection 13-34-104(6) requires the Division of Consumer Protection (Division) to adopt rules establishing certain standards and criteria for the awarding of educational credentials, bona fide instruction through faculty interaction, and the determination of the ability of students to benefit from a program. Subsection 13-34-107(7) authorizes the Division to make rules providing for matters relating to bonding of schools. Subsection 13-2-5(1) gives the Director of the Division authorization to issue rules to administer and enforce the chapters listed in Section 13-2-1.

    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 is not aware of any written comments regarding the rules. The interpretation of this rule is at times the subject of informal proceedings before the Division.

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

    The rule establishes standards and criteria for the awarding of education credentials, bona fide instruction through faculty interaction, and the determination of the ability of students to benefit from a program in fulfillment of the requirement of Subsection 13-34-104(6), see Section R152-34-4 and Subsection R152-34-6(l). The rule also establishes the amount of the bond, certificate, or letter of credit required under Subsection 13-34-107(7)(a), and other issues relating to bond, certificates, or letters of credit, see Subsections R152-34-7(9) through (14). This is necessary since the statute does not establish a specific bond amount. The rule also facilitates the Division's administration of registrations under the Postsecondary Proprietary School Act, e.g. Sections R152-34-1, R152-34-3, R152-34-5, R152-34-6, and R152-34-10 and the Division's statutory charge to protect students from deceptively promoted, inadequately staffed, and unqualified proprietary institutions and programs and enforce the Postsecondary Proprietary School Act, e.g., Sections R152-34-7, R152-34-9, and R152-34-11. 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:

    Effective:

    05/08/2017

    Authorized by:

    Daniel O'Bannon, Director


Document Information

Effective Date:
5/8/2017
Publication Date:
06/01/2017
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
05/08/2017
Agencies:
Commerce, Consumer Protection
Authorized By:
Daniel O'Bannon, Director
DAR File No.:
41610
Summary:

The Division is not aware of any written comments regarding the rules. The interpretation of this rule is at times the subject of informal proceedings before the Division.

CodeNo:
R152-34
CodeName:
{35215|R152-34|R152-34. Postsecondary Proprietary School Act Rules}
Link Address:
CommerceConsumer ProtectionHEBER M WELLS BLDG160 E 300 SSALT LAKE CITY, UT 84111-2316
Link Way:

Jacob Hart, by phone at 801-530-6636, by FAX at , or by Internet E-mail at jfhart@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R152-34. Postsecondary Proprietary School Act Rules.