Denial, suspension, or revocation of a certificate of registration -- Limitations.
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(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 chapter if:
(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 misleading in any respect;
(ii) the division determines that the educational credential associated with the proprietary school represents the undertaking or completion of educational achievement that has not been undertaken and earned; or
(iii) the proprietary school or an individual described in Subsection 13-34-107(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 to operate 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 to operate the proprietary school;
(C) been enjoined by any court, or is the subject of an administrative or judicial order issued in this or another state, if the injunction or order:
(I) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; 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 by misrepresentation;
(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 this chapter.
(2) Division staff may place reasonable limits upon a proprietary school's continued certificate of registration to operate if:
(a) there are serious concerns about the proprietary school's ability to provide the training in the manner approved by the division; and
(b) limitation is warranted to protect the students' interests.
(3)
(a) The division may require an individual described in Subsection 13-34-107(2)(a)(ii)(B) to:
(i) submit a fingerprint card in a form acceptable to the division; and
(ii) consent to a criminal background check by:
(A) the Federal Bureau of Investigation;
(B) the Utah Bureau of Criminal Identification; or
(C) another agency of any state that performs criminal background checks.
(b) The proprietary school or the individual who is subject to the background check shall pay the cost of:
(i) the fingerprint card described in Subsection (3)(a)(i); and