DAR File No. 29076

Commerce, Consumer Protection

R152-34-5

Rules Relating to Institutions Exempt Under Section 13-34-105

NOTICE OF PROPOSED RULE

DAR File No.: 29076
Filed: 09/21/2006, 02:59
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is amended to reflect changes in Section 13-34-105 and to update provisions of the rule.

Summary of the rule or change:

The proposed amendment deletes the exemption relating to institutions accredited by an accrediting organization recognized by the Commission on Recognition of Postsecondary Accreditation because the Commission has been dissolved. The proposed amendment also removes the exemption related to flight schools because this exemption is now in statute as a result of S.B. 147, 2006 General Session. (DAR NOTE: S.B. 147 (2006) is found at Chapter 147, Laws of Utah 2006, and was effective 03/10/2006.)

State statutory or constitutional authorization for this rule:

Subsection 13-2-5(1)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because there are no regulatory changes added and no implementation provisions.

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated.

other persons:

There are no anticipated costs or savings to other persons because there are no regulatory changes added and no implementation provisions.

Compliance costs for affected persons:

No compliance costs will be incurred due to the nature of the change.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing eliminates an exemption provision which refers to an organization that no longer exists and an exemption that is now in statute. No fiscal impact to businesses is anticipated as a result of this filing. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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:

Thomas Copeland at the above address, by phone at 801-530-6601, by FAX at 801-530-6001, or by Internet E-mail at tcopeland@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2006

This rule may become effective on:

11/21/2006

Authorized by:

Kevin V Olsen, Director

R152. Commerce, Consumer Protection.

R152-34. Postsecondary Proprietary School Act Rules.

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(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.

[(3) An institution accredited by an accrediting organization recognized by the Commission on Recognition of Postsecondary Accreditation is exempt from registration for the purposes of the Act.

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

[(5)](4) To be exempt under Section 13-34-105(f), the training or instruction shall not be the primary activity of the organization, association, society, labor union, or franchise system.

[(6) Flight schools approved under Part 141, Federal Aviation Regulations (FAR), 14 CFR Chapter 141, are exempt. Schools providing aviation training under Part 61, FAR, 14 CFR Chapter 61, are required to register.

(7)](5) The division shall determine an institution's status in accordance with the categories contained in this section.

[(8)](6) 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.

[(9)](7) 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.

[(10)](8) To apply for a certificate of registration, an accredited institution shall submit a completed registration statement application and a copy of such portions of its current accreditation self-evaluation report as are specified by the division.

 

KEY: education, postsecondary proprietary school, registration

Date of Enactment or Last Substantive Amendment: [October 18, 2005]2006

Authorizing, and Implemented or Interpreted Law: 13-2-5(1)