Authority to execute interstate reciprocity agreement -- Rulemaking.
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(1) The division may execute an interstate reciprocity agreement that:
(a) is for purposes of state authorization under 34 C.F.R. Sec. 600.9; and
(b) is for the benefit of:
(i) postsecondary schools in the state; or
(ii)
(A) postsecondary schools in the state; and
(B) institutions that are part of the state system of higher education under Section 53B-1-102.
(2) If the division executes an interstate reciprocity agreement described in Subsection (1) or the Utah Board of Higher Education executes an interstate reciprocity agreement under Section 53B-16-109:
(a) except as provided by division rule, this chapter does not apply to a postsecondary school that obtains state authorization under the reciprocity agreement; and
(b) the division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules relating to:
(i) the standards for granting a postsecondary school state authorization under a reciprocity agreement;
(ii) any filing, document, or fee required for a postsecondary school to obtain authorization under a reciprocity agreement; and
(iii) penalties if a postsecondary school fails to comply with the rules that the division makes under this Subsection (2).
(3) If the division executes an interstate reciprocity agreement described in Subsection (1) that includes institutions that are part of the state system of higher education under Section 53B-1-102, the Utah Board of Higher Education may make rules that:
(a) implement the reciprocity agreement; and
(b) relate to institutions that are part of the state system of higher education under Section 53B-1-102.