DAR File No. 41610

Commerce, Consumer Protection

Rule R152-34

Postsecondary Proprietary School Act Rules

Five-Year Notice of Review and Statement of Continuation

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:

• Jacob Hart at the above address, by phone at 801-530-6636, by FAX at , or by Internet E-mail at [email protected]

Effective:

05/08/2017

Authorized by:

Daniel O'Bannon, Director