13-34-113 - Denial, suspension, or revocation of a certificate of registration -- Limitations.
13-34-113. Denial, suspension, or revocation of a certificate of registration --Limitations.
(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G,Chapter 4, Administrative Procedures Act, the division may initiate proceedings to deny,suspend, or revoke a certificate of registration to operate a proprietary school under this chapterif:
(a) the division finds that the order is in the public interest; and
(b) (i) the registration statement or renewal statement is incomplete, false, or misleadingin any respect;
(ii) the division determines that the educational credential associated with the proprietaryschool represents the undertaking or completion of educational achievement that has not beenundertaken and earned; or
(iii) the proprietary school or an individual described in Subsection13-34-107(2)(a)(ii)(B) has:
(A) violated any provision of:
(I) this chapter;
(II) the rules made by the division pursuant to this chapter; or
(III) a commitment made in a registration statement for a certificate of registration tooperate the proprietary school;
(B) caused or allowed to occur a violation of any provision of:
(I) this chapter;
(II) the rules made by the division pursuant to this chapter; or
(III) a commitment made in a registration statement for a certificate of registration tooperate the proprietary school;
(C) been enjoined by any court, or is the subject of an administrative or judicial orderissued in this or another state, if the injunction or order:
(I) includes a finding or admission of fraud, breach of fiduciary duty, or materialmisrepresentation; or
(II) was based on a finding of lack of integrity, truthfulness, or mental competence;
(D) been convicted of a crime involving moral turpitude;
(E) obtained or attempted to obtain a certificate of registration under this chapter bymisrepresentation;
(F) failed to timely file with the division any report required by:
(I) this chapter; or
(II) rules made by the division pursuant to this chapter;
(G) failed to furnish information requested by the division; or
(H) failed to pay an administrative fine imposed by the division in accordance with thischapter.
(2) Division staff may place reasonable limits upon a proprietary school's continuedcertificate of registration to operate if:
(a) there are serious concerns about the proprietary school's ability to provide the trainingin the manner approved by the division; and
(b) limitation is warranted to protect the students' interests.
(3) The division may:
(a) conduct a criminal background check on an individual described in Subsection
13-34-107(2)(a)(ii)(B); and
(b) require a proprietary school to provide to the division any information necessary toconduct a criminal background check on an individual described in Subsection13-34-107(2)(a)(ii)(B).
Amended by Chapter 382, 2008 General Session