13-34-105 - Exempted institutions.
13-34-105. Exempted institutions.
(1) This chapter does not apply to the following institutions:
(a) a Utah institution directly supported, to a substantial degree, with funds provided by:
(i) the state;
(ii) a local school district; or
(iii) other Utah governmental subdivision;
(b) an institution that offers instruction exclusively at or below the 12th grade level;
(c) a lawful enterprise that offers only professional review programs, such as C.P.A. andbar examination review and preparation courses;
(d) a private, postsecondary educational institution that is owned, controlled, operated, ormaintained by a bona fide church or religious denomination, which is exempted from propertytaxation under the laws of this state;
(e) subject to Subsection (3), a school or institution that is accredited by a regional ornational accrediting agency recognized by the United States Department of Education;
(f) subject to Subsection (4), a business organization, trade or professional association,fraternal society, or labor union that:
(i) sponsors or conducts courses of instruction or study predominantly for bona fideemployees or members; and
(ii) does not, in advertising, describe itself as a school;
(g) an institution that exclusively offers general education courses or instruction solelyremedial, avocational, nonvocational, or recreational in nature, that does not:
(i) advertise occupation objectives; or
(ii) grant educational credentials;
(h) an institution that offers only workshops or seminars:
(i) lasting no longer than three calendar days; and
(ii) for which academic credit is not awarded;
(i) an institution that offers programs:
(i) in barbering, cosmetology, real estate, or insurance; and
(ii) that are regulated and approved by a state or federal governmental agency;
(j) an education provider certified by the Division of Real Estate under Section61-2c-204.1;
(k) an institution that offers aviation training if the institution:
(i) (A) is approved under Federal Aviation Regulations, 14 C.F.R. Part 141; or
(B) provides aviation training under Federal Aviation Regulations, 14 C.F.R. Part 61;and
(ii) exclusively offers aviation training that a student fully receives within 24 hours afterthe student pays any tuition, fee, or other charge for the aviation training; and
(l) an institution that provides emergency medical services training if all of theinstitution's instructors, course coordinators, and courses are approved by the Department ofHealth.
(2) (a) If available evidence suggests that an exempt institution under this section is notin compliance with the standards of registration under this chapter and applicable division rules,the division shall contact the institution and, if appropriate, the state or federal governmentagency to request corrective action.
(b) Subsection (2)(a) does not apply to an institution exempted under Subsection (1)(e).
(3) An institution, branch, extension, or facility operating within the state that isaffiliated with an institution operating in another state shall be separately approved by theaffiliate's regional or national accrediting agency to qualify for the exemption described inSubsection (1)(e).
(4) For purposes of Subsection (1)(f), a business organization, trade or professionalassociation, fraternal society, or labor union is considered to be conducting the coursepredominantly for bona fide employees or members if it hires a majority of the persons who:
(a) successfully complete its course of instruction or study with a reasonable degree ofproficiency; and
(b) apply for employment with that same entity.
Amended by Chapter 218, 2010 General Session
Amended by Chapter 378, 2010 General Session