13-34-103 - Definitions.
13-34-103. Definitions.
As used in this chapter:
(1) "Agent" means any person who owns an interest in or is employed by a proprietaryschool and who:
(a) enrolls or attempts to enroll a resident of this state in a proprietary school;
(b) offers to award educational credentials for remuneration on behalf of a proprietaryschool; or
(c) holds himself out to residents of this state as representing a proprietary school for anypurpose.
(2) "Certificate of registration" means approval of the division to operate a school orinstitution in compliance with this chapter and rules adopted under this chapter. The registrationis not an endorsement of the school or institution by either the division or the state of Utah.
(3) "Division" means the Division of Consumer Protection.
(4) "Educational credentials" means degrees, diplomas, certificates, transcripts, reports,documents, or letters of designation, marks, appellations, series of letters, numbers, or wordswhich signify or appear to signify enrollment, attendance, progress, or satisfactory completion ofthe requirements or prerequisites for any educational program.
(5) "Institution" means an individual, corporation, partnership, association, cooperative,or other legal entity.
(6) "Offer" means to advertise, publicize, solicit, or encourage any person directly orindirectly.
(7) "Operate" in this state means to have a significant presence within the state, toconduct significant educational activities within the state, or to offer postsecondary instructionleading to a postsecondary degree or certificate to any number of Utah residents assembled at areceiving site in Utah from a location outside the state by correspondence or anytelecommunications or electronic media technology.
(8) "Ownership" means the controlling interest in a school, institution, or college. If theschool, institution, or college is owned or controlled by other than a natural person, "ownership"refers to the controlling interest in the legal entity which controls the school, institution, orcollege.
(9) "Postsecondary education" means education or educational services offered primarilyto persons who have completed or terminated their secondary or high school education or who arebeyond the age of compulsory school attendance.
(10) "Proprietary school" means any private institution, including business, modeling,paramedical, tax preparation, trade and technical schools, which offers postsecondary educationin consideration of the payment of tuition or fees for the attainment of educational, professional,or vocational objectives, other than those schools exempted under this chapter.
(11) "Rules" means those rules adopted by the division under the Utah AdministrativeRulemaking Act necessary to enforce and administer this chapter.
(12) "Utah school or institution" means a postsecondary educational school or institutionwhose headquarters or primary operations are in Utah.
Enacted by Chapter 222, 2002 General Session