R152-34-5. Rules Relating to Institutions Exempt Under Section 13-34-105

  (1) Institutions that provide nonprofessional review courses, such as law enforcement and civil service, are not exempt, unless they are considered as workshops or seminars within the meaning of Section 13-34-105(1)(h).

  (2) In order for the church or religious denomination to be "bona fide" such that the institution is exempt from registration, the institution may not be the church or religious denomination's primary purpose, function or asset. The institution shall submit a sworn statement in a form specified by the Division attesting to the religious nature of the education offered.

  (3) Any institution which claims an accreditation exemption must furnish acceptable documentation to the Division upon request.

  (4) To qualify for exemption under Section 13-34-105(1)(f):

  (a) the training or instruction shall not be the primary activity of the organization, association, society, labor union, or franchise system or;

  (b) the organization, association, society, labor union, or franchise system shall meet the following requirements:

  (i) the organization, association, society, labor union, or franchise system does not recruit students;

  (ii) the organization, association, society, labor union, or franchise system provides courses of instruction only to students who are currently employed;

  (iii) the cost of the course of instruction is paid for by the employer of the student, not the student; and

  (iv) enrollment in each individual course of instruction is limited to those who are bona fide employees of the employer.

  (5) To qualify for exemption under Section 13-34-105(1)(c):

  (a) the profession for which the review program is offered must be recognized by a state or national licensing or certifying body;

  (b) the students enrolled in the review program must previously complete education and/or training in the occupation or field required to be obtained by the certifying body; and

  (c) the professional review program must provide only review and preparation for exams or other certifying tests that are required to be passed by the certifying body.

  (6) The Division shall determine an institution's status in accordance with the categories contained in this section.

  (7) An exempt institution shall notify the Division within thirty (30) days of a material change in circumstances which may affect its exempt status as provided in this section and shall follow the procedure outlined in Section 13-34-107.

  (8) An exempted institution which voluntarily applies for a certificate by filing a registration statement shall comply with all rules as though such institution were nonexempt.