R152-34a-302. Grounds for Investigation and Enforcement - Requirements Upon Termination of Certificate of Authorization


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  •   (1) A postsecondary school that holds a certificate of authorization shall:

      (a) as to an entity granted a certificate under Section 13-34a-204, maintain financial capability pursuant to Section 13-34a-204(2)(a);

      (b) disclose to each student, in writing, the school's tuition schedule, total program cost, and refund policy before requiring a student to make any payment to the school;

      (c) if cited or investigated by the division, provide:

      (i) copies of all advertised claims;

      (ii) copies of any documents signed by or on behalf of the complainant and other interested person(s), as identified by the division;

      (iii) all academic records of the complainant and other student(s), as identified by the division and permitted under any applicable confidentiality law or agreement; and

      (iv) all other records requested by the division;

      (d)(i) maintain each student's transcript(s) for a period of at least 60 years from the date of the student's last attendance:

      (A) in either paper or electronic form; and

      (B) at a physical location within the continental United States; and

      (ii) provide a student's transcript(s):

      (A) within 20 days of a request from the student or the division; and

      (B)(I) without charge, if the request is from the division; or

      (II) with or without a reasonable charge, if the request is from a student;

      (e) if terminating operations, within the 30-day period following the date of termination:

      (i) surrender to the division the school's current state certificate of authorization; and

      (ii) identify:

      (A) the name and contact information of the individual who will maintain custody of student records pursuant to this Subsection (1)(d); and

      (B) the physical location where student transcripts will be maintained in compliance with this Subsection (1)(d); and

      (f) notify the division within 10 business days of:

      (i) any change in information on record with division; and

      (ii) any action taken against the school by an accrediting body or a regulatory agency, including a state or the federal government.

      (2) A postsecondary school that holds a certificate of state authorization may not:

      (a) promulgate to the public a fraudulent or misleading statement relating to a program or service offered; or

      (b) withhold information or documents requested by the division in an investigation.

      (3) Pursuant to Section Subsection 13-34a-103(2)(iv), the violation of a rule in this Subsection R152-34a-302 may be sanctioned by denial, suspension, or revocation of a certificate of the postsecondary school state authorization.