R156-11a-601. Standards for Accreditation

  In accordance with Subsections 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iv), 58-11a-302(16)(c)(iv), and 58-11a-302(19)(c)(iv), the accreditation standards for a barber school, a cosmetology/barber school, an electrology school, an esthetics school, a hair design school, and a nail technology school include:

  (1) Each school shall be accredited by:

  (a) the National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS); or

  (b) other accrediting bodies recognized by the U.S. Department of Education.

  (2) Each school shall maintain and keep the accreditation current.

  (3) A newly licensed school shall pursue accreditation under this section using the following procedure:

  (a) A new school shall:

  (i) within one month of the date the school was licensed as a school by the Division, submit to an accrediting commission an application for candidate status;

  (ii) within 18 months of the date the school was licensed by the Division, provide the Division evidence of receiving candidate status from the accrediting commission;

  (iii) file with the Utah Department of Commerce's Division of Consumer Protection a "Request for Exemption pursuant to the Postsecondary Proprietary School Act" application, pursuant to Section 13-34-105 and Section R152-34-5;

  (iv) during the pendency of its application for accreditation status, comply with all applicable accreditation standards; and

  (v) receive approval for accreditation within 24 months following the date it achieved candidate status.

  (b) The Division shall determine whether a newly-licensed school entity has succeeded a previously-licensed school entity for the purposes of achieving accreditation.

  (c) If a newly-licensed school is determined by the Division to be a new entity, then the newly-licensed school shall comply with the accreditation deadlines specified in Subsection R156-11a-601(3)(a) above.

  (d) If a newly-licensed school is determined by the Division not to be a new entity, then the newly-licensed school shall meet the accreditation deadlines previously set by its accrediting commission.

  (4) The Division's determination shall be based upon whether the newly-licensed school:

  (a) operates on essentially the same premises as the previously-licensed school;

  (b) uses essentially the same staff;

  (c) operates under essentially the same ownership; and

  (d) maintains the previously-licensed school's accreditation status with the applicable governing accreditation commission.

  (5) A licensee whose accreditation has been withdrawn shall immediately notify the Division.

  (6) A licensee who fails to obtain or maintain accreditation status, as required herein, shall immediately surrender to the Division its license as a school. Failure to do so shall constitute a basis for immediate revocation of licensure in accordance with Section 63G-4-502.