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H.B. 111
1
STATE RESPONSIBILITY FOR REGULATION
2
OF POSTSECONDARY PROPRIETARY
3
SCHOOLS
4
2002 GENERAL SESSION
5
STATE OF UTAH
6
Sponsor: Afton B. Bradshaw
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This act modifies provisions related to postsecondary proprietary schools. The act transfers
8
the responsibility for registering and regulating postsecondary proprietary schools from the
9
State Board of Regents to the Division of Consumer Protection. The act has a July 1, 2002
10
effective date and provides a repealer.
11
This act affects sections of Utah Code Annotated 1953 as follows:
12
AMENDS:
13
13-2-1, as last amended by Chapter 283, Laws of Utah 2001
14
16-6a-401, as enacted by Chapter 300, Laws of Utah 2000
15
16-10a-401, as last amended by Chapter 131, Laws of Utah 2000
16
16-11-16, as enacted by Chapter 131, Laws of Utah 2000
17
42-2-6.6, as last amended by Chapter 218, Laws of Utah 2001
18
48-2a-102, as last amended by Chapter 131, Laws of Utah 2000
19
48-2c-106, as enacted by Chapter 260, Laws of Utah 2001
20
ENACTS:
21
13-34-101, Utah Code Annotated 1953
22
13-34-102, Utah Code Annotated 1953
23
13-34-103, Utah Code Annotated 1953
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13-34-104, Utah Code Annotated 1953
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13-34-105, Utah Code Annotated 1953
26
13-34-106, Utah Code Annotated 1953
27
13-34-107, Utah Code Annotated 1953
28
13-34-108, Utah Code Annotated 1953
29
13-34-109, Utah Code Annotated 1953
30
13-34-110, Utah Code Annotated 1953
31
13-34-111, Utah Code Annotated 1953
32
13-34-112, Utah Code Annotated 1953
33
13-34-113, Utah Code Annotated 1953
34
13-34-114, Utah Code Annotated 1953
35
13-34-201, Utah Code Annotated 1953
36
REPEALS:
37
53B-5-101, as enacted by Chapter 167, Laws of Utah 1987
38
53B-5-102, as last amended by Chapter 155, Laws of Utah 1990
39
53B-5-103, as last amended by Chapter 287, Laws of Utah 1995
40
53B-5-104, as last amended by Chapter 155, Laws of Utah 1990
41
53B-5-105, as last amended by Chapter 287, Laws of Utah 1995
42
53B-5-106, as last amended by Chapter 86, Laws of Utah 1998
43
53B-5-107, as last amended by Chapter 58, Laws of Utah 2000
44
53B-5-108, as last amended by Chapter 58, Laws of Utah 2000
45
53B-5-109, as enacted by Chapter 167, Laws of Utah 1987
46
53B-5-110, as enacted by Chapter 167, Laws of Utah 1987
47
53B-5-111, as last amended by Chapter 38, Laws of Utah 1993
48
53B-5-112, as last amended by Chapter 155, Laws of Utah 1990
49
53B-5-113, as enacted by Chapter 287, Laws of Utah 1995
50
53B-5-114, as last amended by Chapter 260, Laws of Utah 2001
51
53B-5-201, as enacted by Chapter 167, Laws of Utah 1987
52
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
13-2-1
is amended to read:
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13-2-1. Consumer protection division established -- Functions.
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(1) There is established within the Department of Commerce the Division of Consumer
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Protection.
57
(2) The division shall administer and enforce the following:
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[(1)] (a) Chapter 5, Unfair Practices Act;
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[(2) ] (b) Chapter 10a, Music Licensing Practices Act;
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[(3) ] (c) Chapter 11, Utah Consumer Sales Practices Act;
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[(4) ] (d) Chapter 15, Business Opportunity Disclosure Act;
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[(5) ] (e) Chapter 20, New Motor [Vehicle] Vehicles Warranties Act;
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[(6) ] (f) Chapter 21, Credit Services Organizations Act;
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[(7) ] (g) Chapter 22, Charitable Solicitations Act;
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[(8) ] (h) Chapter 23, Health Spa Services Protection Act;
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[(9) ] (i) Chapter 25a, Telephone and Facsimile Solicitation Act;
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[(10) ] (j) Chapter 26, Telephone Fraud Prevention Act;
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[(11) ] (k) Chapter 28, Prize Notices Regulation Act; [and]
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[(12) ] (l) Chapter 30, Utah Personal Introduction Services Protection Act[.]; and
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(m) Chapter 34, Utah Postsecondary Proprietary School Act.
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Section 2.
Section
13-34-101
is enacted to read:
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CHAPTER 34. UTAH POSTSECONDARY PROPRIETARY SCHOOL ACT
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Part 1. General Provisions
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13-34-101. Title.
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This chapter is known as the "Utah Postsecondary Proprietary School Act."
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Section 3.
Section
13-34-102
is enacted to read:
77
13-34-102. Legislative intent.
78
It is the policy of this state to do the following:
79
(1) encourage private postsecondary education and training;
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(2) assure and protect the integrity of certificates and diplomas conferred by proprietary
81
postsecondary educational institutions;
82
(3) protect students and potential students from deceptively promoted, inadequately
83
staffed, and unqualified proprietary institutions and programs; and
84
(4) avoid unnecessary interference by the division with the internal academic policies and
85
management practices of postsecondary educational institutions, but to facilitate disclosure of
86
those matters to students and the public.
87
Section 4.
Section
13-34-103
is enacted to read:
88
13-34-103. Definitions.
89
As used in this chapter:
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(1) "Agent" means any person who owns an interest in or is employed by a proprietary
91
school and who:
92
(a) enrolls or attempts to enroll a resident of this state in a proprietary school;
93
(b) offers to award educational credentials for remuneration on behalf of a proprietary
94
school; or
95
(c) holds himself out to residents of this state as representing a proprietary school for any
96
purpose.
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(2) "Certificate of registration" means approval of the division to operate a school or
98
institution in compliance with this chapter and rules adopted under this chapter. The registration
99
is not an endorsement of the school or institution by either the division or the state of Utah.
100
(3) "Division" means the Division of Consumer Protection.
101
(4) "Educational credentials" means degrees, diplomas, certificates, transcripts, reports,
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documents, or letters of designation, marks, appellations, series of letters, numbers, or words
103
which signify or appear to signify enrollment, attendance, progress, or satisfactory completion of
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the requirements or prerequisites for any educational program.
105
(5) "Institution" means an individual, corporation, partnership, association, cooperative,
106
or other legal entity.
107
(6) "Offer" means to advertise, publicize, solicit, or encourage any person directly or
108
indirectly.
109
(7) "Operate" in this state means to have a significant presence within the state, to conduct
110
significant educational activities within the state, or to offer postsecondary instruction leading to
111
a postsecondary degree or certificate to any number of Utah residents assembled at a receiving site
112
in Utah from a location outside the state by correspondence or any telecommunications or
113
electronic media technology.
114
(8) "Ownership" means the controlling interest in a school, institution, or college. If the
115
school, institution, or college is owned or controlled by other than a natural person, "ownership"
116
refers to the controlling interest in the legal entity which controls the school, institution, or college.
117
(9) "Postsecondary education" means education or educational services offered primarily
118
to persons who have completed or terminated their secondary or high school education or who are
119
beyond the age of compulsory school attendance.
120
(10) "Proprietary school" means any private institution, including business, modeling,
121
paramedical, tax preparation, trade and technical schools, which offers postsecondary education
122
in consideration of the payment of tuition or fees for the attainment of educational, professional,
123
or vocational objectives, other than those schools exempted under this chapter.
124
(11) "Rules" means those rules adopted by the division under the Utah Administrative
125
Rulemaking Act necessary to enforce and administer this chapter.
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(12) "Utah school or institution" means a postsecondary educational school or institution
127
whose headquarters or primary operations are in Utah.
128
Section 5.
Section
13-34-104
is enacted to read:
129
13-34-104. Prohibited acts -- Exceptions -- Responsibilities of proprietary schools.
130
(1) Except as provided in this chapter, a proprietary school may not offer, sell, or award
131
a degree or any other type of educational credential unless the student has enrolled in and
132
successfully completed a prescribed program of study as outlined in the school's catalogue.
133
(2) This prohibition does not apply to honorary credentials clearly designated as such on
134
the front side of a diploma, or certificates and awards by schools that offer other educational
135
credentials requiring enrollment in and successful completion of a prescribed program of study in
136
compliance with the requirements of this chapter.
137
(3) A proprietary school must provide bona fide instruction through student-faculty
138
interaction.
139
(4) A proprietary school may not enroll a student in a program unless the school has made
140
a good-faith determination that the student has the ability to benefit from the program.
141
(5) The division shall establish standards and criteria for the following:
142
(a) the awarding of educational credentials;
143
(b) bona fide instruction through student-faculty interaction; and
144
(c) determination of the ability of a student to benefit from a program.
145
Section 6.
Section
13-34-105
is enacted to read:
146
13-34-105. Exempted institutions.
147
(1) This chapter does not apply to the following institutions:
148
(a) a Utah institution directly supported, to a substantial degree, with funds provided by
149
the state, a local school district, or other Utah governmental subdivision;
150
(b) an institution which offers instruction exclusively at or below the 12th grade level;
151
(c) a lawful enterprise which offers only professional review programs, such as C.P.A.
152
and bar examination review and preparation courses;
153
(d) a Utah private, postsecondary educational institution that is owned, controlled,
154
operated, or maintained by a bona fide church or religious denomination, which is exempted from
155
property taxation under the laws of this state;
156
(e) a Utah school or institution which is accredited by a regional or national accrediting
157
agency recognized by the United States Department of Education. An institution, branch,
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extension, or facility operating within the state which is affiliated with an institution operating in
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another state must be separately approved by the affiliate's regional or national accrediting agency
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to qualify for this exemption. h [
If available evidence suggests that an accredited institution is not
161
in compliance with the standards for registration under this chapter and applicable division rules,
162
the division shall contact the institution and, if appropriate, its accrediting association and request
163
corrective action;
] h
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(f) a business organization, trade or professional association, fraternal society, or labor
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union that sponsors or conducts courses of instruction or study predominantly for bona fide
166
employees or members and does not, in advertising, describe itself as a school; for purposes of this
167
subsection, a business organization, trade or professional association, fraternal society, or labor
168
union that hires a majority of the persons who successfully complete its course of instruction or
169
study with a reasonable degree of proficiency and apply for employment with that same entity is
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considered to be conducting the course predominantly for bona fide employees or members;
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(g) an institution that exclusively offers general education courses or instruction solely
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remedial, avocational, nonvocational, or recreational in nature, which does not advertise
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occupation objectives or grant educational credentials;
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(h) an institution which offers only workshops or seminars lasting no longer than three
175
calendar days and for which academic credit is not awarded; and
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(i) an institution which offers programs in barbering, cosmetology, real estate, insurance,
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or flying that are regulated and approved by a state or federal governmental agency.
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(2) If available evidence suggests that an exempt institution under this section is not in
179
compliance with the standards of registration under this chapter and applicable division rules, the
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division shall contact the institution and, if appropriate, the state or federal government agency to
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request corrective action. h
SUBSECTION 2 DOES NOT APPLY TO AN INSTITUTION EXEMPTED
181a
UNDER SUBSECTION (1)(e).
h
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Section 7.
Section
13-34-106
is enacted to read:
183
13-34-106. Responsibilities of division.
184
The division is responsible for the administration of this chapter, and shall do the
185
following:
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(1) prescribe the contents of the registration statements required by this chapter relating
187
to the quality of education and ethical and business practices;
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(2) issue certification of registration upon receipt and approval of the registration statement
189
required under Section
13-34-107
;
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(3) receive, investigate, and make available for public inspection the registration
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statements filed by proprietary schools operating or intending to operate in the state;
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(4) maintain and publicize a list of proprietary schools for which a registration statement
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is on file with the division;
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(5) investigate, on its own initiative or in response to a complaint filed with it, any
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institution subject to, or reasonably believed by the division to be subject to, this chapter;
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(6) negotiate and enter into interstate reciprocity agreements with other states, if in the
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judgment of the division, the agreements are or will help to effectuate the purposes of this chapter;
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and
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(7) consent to the use of educational terms in business names in accordance with Section
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13-34-114
.
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Section 8.
Section
13-34-107
is enacted to read:
202
13-34-107. Operation of proprietary schools -- Required registration statement -- Fee
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-- Denial of registration -- Registration does not constitute endorsement.
204
(1) An institution may not advertise, recruit students for, or operate a proprietary school
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in this state unless it has:
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(a) filed with the division a registration statement relating to the school that is in
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compliance with applicable rules promulgated by the division and is also in compliance with the
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other requirements set forth in this chapter; or
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(b) established an exemption with the division.
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(2) (a) The division may refuse to accept a statement of registration or exemption if:
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(i) the proprietary school or an owner, administrator, faculty, staff, or agent of the school
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has violated laws, federal regulations, or state rules as determined in a criminal, civil, or
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administrative proceeding; and
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(ii) the division determines the violation is relevant to the appropriate operation of the
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school.
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(b) The statement of registration or exemption shall be verified by the oath or affirmation
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of the owner or a responsible officer of the school filing it.
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(c) The statement shall include a certification as to whether the school or an owner,
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administrator, faculty, staff, or agent of the school has violated laws, federal regulations, or state
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rules as determined in a criminal, civil, or administrative proceeding.
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(d) The proprietary school shall make available, upon request, a copy of the statement,
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showing the date upon which it was filed, and a certificate of registration shall be displayed by the
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proprietary school in a conspicuous place on its premises.
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(3) (a) A registration statement and the accompanying certificate of registration are not
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transferable.
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(b) In the event of a change in ownership or in the governing body of the proprietary
227
school, the new owner or governing body, within 30 days after the change, shall file a new
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registration statement.
229
(4) A registration statement or a renewal statement and the accompanying certificate of
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registration are effective for a period of two years after the date of filing and issuance.
231
(5) (a) The division shall establish a graduated fee structure for the filing of registration
232
statements by various classifications of institutions pursuant to Section
63-38-3.2
.
233
(b) Fees are not refundable.
234
(c) Fees shall be deposited in the Commerce Service Fund pursuant to Section
13-1-2
.
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(6) (a) Each proprietary school shall demonstrate fiscal responsibility at the time it files
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its registration statement as prescribed by rules of the division.
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(b) It shall provide evidence to the division that it is financially sound and can reasonably
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fulfill commitments to and obligations it has incurred with students and creditors.
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(c) A proprietary school applying for an initial certificate of registration to operate shall
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prepare and submit financial statements and supporting documentation as requested by the
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division.
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(d) A proprietary school applying for renewal of a certificate of registration to operate or
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renewal under new ownership must provide audited financial statements.
244
(e) The division may require evidence of financial status at other times when it is in the
245
best interest of students to require such information.
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(7) (a) A proprietary school applying for an initial certificate or seeking renewal shall
247
provide a surety bond, certificate of deposit, or irrevocable letter of credit in a form approved by
248
the division.
249
(b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
250
division may make rules providing for:
251
(i) the amount of the bond, certificate, or letter of credit required under Subsection (7)(a),
252
not to exceed in amount the anticipated tuition and fees to be received by the proprietary school
253
during a school year;
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(ii) the execution of the bond, certificate, or letter of credit;
255
(iii) cancellation of the bond, certificate, or letter of credit during or at the end of the
256
registration term; and
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(iv) any other matters related to providing the bond, certificate, or letter of credit required
258
under Subsection (7)(a).
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(c) The bond, certificate, or letter of credit shall be used as a protection against loss of
260
advanced tuition, book fees, supply fees, or equipment fees:
261
(i) collected by the school from a student or a student's parent, guardian, or sponsor prior
262
to the completion of the program or courses for which it was collected; or
263
(ii) for which the student is liable.
264
(8) (a) The division cannot refuse acceptance of a registration statement that is tendered
265
for filing and, based on a preliminary review, appears to be in compliance with Subsections (1),
266
(2), and (6), accompanied by the required fee.
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(b) A statement is effective upon approval by the division or its designated officer in
268
accordance with division rules.
269
(c) The division may not register a program at a proprietary institution if it determines that
270
the educational credential associated with the program represents the undertaking or completion
271
of educational achievement that has not been undertaken and earned.
272
(d) A certificate of registration is effective upon the date of issuance.
273
(e) The responsibility of compliance is upon the proprietary school and not upon the
274
division.
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(f) If it appears to the division that a statement on file may not be in compliance with this
276
chapter, the division may advise the proprietary school as to the apparent deficiencies.
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(g) A new or amended statement may then be presented for filing by the proprietary
278
school, accompanied by the required fee.
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(9) The acceptance of a registration statement, renewal statement, or amended registration
280
statement and issuance of a certificate of registration shall not constitute, nor be represented by any
281
person to constitute, an endorsement or approval of the proprietary school by either the division
282
or the state.
283
Section 9.
Section
13-34-108
is enacted to read:
284
13-34-108. Information required to be available -- Fair and ethical practices.
285
It is a violation of this chapter for any institution or school, which is required to file a
286
registration statement under this chapter, to offer postsecondary education in this state unless:
287
(1) it makes available to all applicants, prior to enrollment, information that includes the
288
following:
289
(a) the school name, which shall be representative of the programs offered at the school,
290
its address, and location;
291
(b) the facilities, faculty, training equipment, and instructional programs of the school;
292
(c) enrollment qualifications;
293
(d) tuition, fees, and other charges and expenses, as well as financial assistance,
294
cancellation, and tuition refund policies, including the posting of a surety bond, certificate of
295
credit, or irrevocable letter of credit;
296
(e) length of programs;
297
(f) graduation requirements; and
298
(g) awarding of appropriate educational credentials to indicate satisfactory course
299
completions;
300
(2) all recruiting documents, advertising, solicitations, publicity releases, and other public
301
statements regarding the school are fair and accurate; and
302
(3) all agents or sales representatives of the school are required by the school to comply
303
with ethical practices prescribed by the division.
304
Section 10.
Section
13-34-109
is enacted to read:
305
13-34-109. Discontinuance of operations -- Filing of transcripts.
306
(1) If a proprietary school elects to discontinue its operations in this state, the proprietor
307
or administrator of the school shall file with the division a copy of each student's grade transcript
308
in either written or microfilm form, relating to all courses of instruction and all students enrolled
309
in the school during the previous ten years.
310
(2) The responsibility to file records under this section is enforceable by injunction issued
311
by a court of competent jurisdiction in an action brought upon the request of the division or, on
312
his own initiative, by the attorney general or by the county attorney of the county in which the
313
proprietary school is or was operating.
314
(3) The division shall maintain for at least ten years a file of all records received by it
315
under this section.
316
Section 11.
Section
13-34-110
is enacted to read:
317
13-34-110. Enforcement of contracts or agreements -- Rescission based on defective
318
registration statement.
319
(1) A proprietary school shall be unable to enforce in the courts of this state any contract
320
or agreement relating to postsecondary education services in this state unless, at the time the
321
contract or agreement was entered into, an effective registration statement was on file with the
322
division and made accessible to every applicant at the time of admission to the school.
323
(2) It is a violation of this chapter if a proprietary school or its agent:
324
(a) fails to file an effective registration statement;
325
(b) willfully omits from a registration statement provided under Section
13-34-107
any
326
material statement of fact required by this chapter and applicable regulations; or
327
(c) includes in a registration statement any material statement of fact that was known, or
328
should have been known, to the proprietary school to be false, deceptive, inaccurate, or misleading.
329
(3) A student who enrolled in a proprietary school, in reliance upon the school's
330
registration statement, may rescind the contract or agreement of enrollment and obtain a refund
331
from the school of all tuition, fees, and other charges paid to the school if the school or its agent
332
committed a violation under Subsection (2).
333
(4) A violation of this chapter is also a violation of Section
13-11-4
.
334
Section 12.
Section
13-34-111
is enacted to read:
335
13-34-111. Referral of suspected violations -- Penalty.
336
(1) The division may report any information concerning a possible violation of this chapter
337
or of rules promulgated under this chapter to the attorney general, the county attorney, or district
338
attorney of any county or prosecution district in which the activity is occurring or has occurred.
339
(2) The attorney shall investigate the complaint and immediately prosecute or bring suit
340
to enjoin an act determined to be a violation of the chapter or regulations.
341
(3) (a) In addition to other penalties and remedies in this chapter, and in addition to its
342
other enforcement powers under Section
13-2-6
, the division director may issue a cease and desist
343
order and impose an administrative fine of up to $1,000 for each violation of this chapter.
344
(b) All money received through administrative fines imposed under Subsection (3)(a) shall
345
be deposited in the Consumer Protection Education and Training Fund created by Section
13-2-8
.
346
(4) A willful violation of this chapter is a class B misdemeanor, except as otherwise
347
provided in Subsection
13-34-201
(2).
348
Section 13.
Section
13-34-112
is enacted to read:
349
13-34-112. Limitation of authority.
350
Except for satisfying the criteria and standards for registration provided for in this chapter
351
or by division rule, nothing in this chapter gives the division authority to regulate the content of
352
individual courses or regulate the day-to-day operations of a proprietary educational institution.
353
Section 14.
Section
13-34-113
is enacted to read:
354
13-34-113. Suspension, termination, or refusal to register.
355
(1) The division may refuse to issue or renew a certificate of registration to operate or may
356
initiate proceedings to terminate a certificate of registration to operate a postsecondary proprietary
357
school if the school:
358
(a) violates a rule adopted by the division under this chapter;
359
(b) furnishes false, misleading, or incomplete information to the division, or fails to furnish
360
information requested by the division; or
361
(c) violates a commitment made in an application for a certificate of registration to operate
362
the school.
363
(2) Division staff may place reasonable limits upon a school's continued certificate of
364
registration to operate if there are serious concerns about the school's ability to provide the training
365
in the manner approved by the division and if limitation is warranted to protect the students'
366
interests.
367
(3) (a) Division staff may take interim action to suspend a school's certificate of
368
registration to operate if there is substantive evidence indicating that the welfare of students is at
369
risk through the school's noncompliance with rules adopted by the division.
370
(b) Suspension may result in a termination action by the division under Subsection (1).
371
Section 15.
Section
13-34-114
is enacted to read:
372
13-34-114. Consent to use of educational terms in business names.
373
(1) For purposes of this section:
374
(a) "Business name" means a name filed with the Division of Corporations and
375
Commercial Code under:
376
(i) Section
16-6a-401
;
377
(ii) Section
16-10a-401
;
378
(iii) Section
16-11-16
;
379
(iv) Section
42-2-6.6
;
380
(v) Section
48-2a-102
; or
381
(vi) Section
48-2c-106
.
382
(b) "Educational term" means the term:
383
(i) "university";
384
(ii) "college"; or
385
(iii) "institution."
386
(2) If a statute listed in Subsection (1)(a) requires the written consent of the division to file
387
a business name with the Division of Corporations and Commercial Code that includes an
388
educational term, the division may consent to the use of an educational term in accordance with
389
this statute.
390
(3) The division shall consent to the use of an educational term in a business name if the
391
person seeking to file the name:
392
(a) is registered under this chapter;
393
(b) is exempt from the chapter under Section
13-34-105
; or
394
(c) (i) is not engaged in educational activities; and
395
(ii) does not represent that it is engaged in educational activities.
396
(4) The division may withhold consent to use of an educational term in a business name
397
if the person seeking to file the name:
398
(a) offers, sells, or awards a degree or any other type of educational credential; and
399
(b) fails to provide bona fide instruction through student-faculty interaction according to
400
the standards and criteria established by the division under Subsection
13-34-104
(5).
401
Section 16.
Section
13-34-201
is enacted to read:
402
Part 2. Fraudulent Educational Credentials
403
13-34-201. Fraudulent educational credentials.
404
(1) A person may not use, give, or receive, or attempt or conspire to do so, in connection
405
with a business, trade, profession, or occupation, a degree or other document which has been
406
purchased, obtained, fraudulently or illegally issued, counterfeited, materially altered, or found,
407
or which serves to evidence the undertaking or completion of scholastic achievement if the
408
education has not been undertaken and attained.
409
(2) A violation of this section is a class A misdemeanor.
410
Section 17.
Section
16-6a-401
is amended to read:
411
16-6a-401. Corporate name.
412
(1) The corporate name of a nonprofit corporation:
413
(a) may, but need not contain:
414
(i) the word "corporation," "incorporated," or "company"; or
415
(ii) an abbreviation of "corporation," "incorporated," or "company";
416
(b) may not contain any word or phrase that indicates or implies that it is organized for any
417
purpose other than one or more of the purposes contained in Section
16-6a-301
and its articles of
418
incorporation;
419
(c) except as authorized by the division under Subsection (2), shall be distinguishable, as
420
defined in Section
16-10a-401
, from:
421
(i) the name of any domestic corporation incorporated in this state;
422
(ii) the name of any foreign corporation authorized to conduct affairs in this state;
423
(iii) the name of any domestic nonprofit corporation incorporated in this state;
424
(iv) the name of any foreign nonprofit corporation authorized to conduct affairs in this
425
state;
426
(v) the name of any domestic limited liability company formed in this state;
427
(vi) the name of any foreign limited liability company authorized to conduct affairs in this
428
state;
429
(vii) the name of any limited partnership formed or authorized to conduct affairs in this
430
state;
431
(viii) any name that is reserved under Section
16-6a-402
or
16-10a-402
;
432
(ix) the name of any entity that has registered its name under Section
42-2-5
;
433
(x) the name of any trademark or service mark registered by the division; or
434
(xi) any assumed name filed under Section
42-2-5
;
435
(d) shall be, for purposes of recordation, either translated into English or transliterated into
436
letters of the English alphabet if it is not in English;
437
(e) without the written consent of the United States Olympic Committee, may not contain
438
the words:
439
(i) "Olympic";
440
(ii) "Olympiad"; or
441
(iii) "Citius Altius Fortius"; and
442
(f) without the written consent of the [State Board of Regents] Division of Consumer
443
Protection issued in accordance with Section [
53B-5-114
]
13-34-114
, may not contain the words:
444
(i) "university";
445
(ii) "college"; or
446
(iii) "institute."
447
(2) The division may authorize the use of the name applied for if:
448
(a) the name is distinguishable from one or more of the names and trademarks described
449
in Subsection (1)(c) that are on the division's records; or
450
(b) if the applicant delivers to the division a certified copy of the final judgment of a court
451
of competent jurisdiction establishing the applicant's right to use the name applied for in this state
452
registered or reserved with the division pursuant to the laws of this state.
453
(3) A corporation may use the name of another domestic or foreign corporation that is used
454
in this state if:
455
(a) the other corporation is incorporated or authorized to conduct affairs in this state; and
456
(b) the proposed user corporation:
457
(i) has merged with the other corporation;
458
(ii) has been formed by reorganization of the other corporation; or
459
(iii) has acquired all or substantially all of the assets, including the corporate name, of the
460
other corporation.
461
(4) (a) A nonprofit corporation may apply to the division for authorization to file its
462
articles of incorporation under, or to register or reserve, a name that is not distinguishable upon
463
the division's records from one or more of the names described in Subsection (1).
464
(b) The division shall approve the application filed under Subsection (4)(a) if:
465
(i) the other person whose name is not distinguishable from the name under which the
466
applicant desires to file, or which the applicant desires to register or reserve:
467
(A) consents to the filing, registration, or reservation in writing; and
468
(B) submits an undertaking in a form satisfactory to the division to change its name to a
469
name that is distinguishable from the name of the applicant; or
470
(ii) the applicant delivers to the division a certified copy of the final judgment of a court
471
of competent jurisdiction establishing the applicant's right to make the requested filing in this state
472
under the name applied for.
473
(5) Only names of corporations may contain the:
474
(a) words "corporation," or "incorporated"; or
475
(b) abbreviation "corp." or "inc."
476
(6) The division may not issue a certificate of incorporation to any association violating
477
the provisions of this section.
478
Section 18.
Section
16-10a-401
is amended to read:
479
16-10a-401. Corporate name.
480
(1) The name of a corporation:
481
(a) except for the name of a depository institution as defined in Section
7-1-103
, must
482
contain:
483
(i) the word:
484
(A) "corporation";
485
(B) "incorporated"; or
486
(C) "company";
487
(ii) the abbreviation:
488
(A) "corp.";
489
(B) "inc."; or
490
(C) "co."; or
491
(iii) words or abbreviations of like import to the words or abbreviations listed in
492
Subsections (1)(a)(i) and (ii) in another language;
493
(b) may not contain language stating or implying that the corporation is organized for a
494
purpose other than that permitted by:
495
(i) Section
16-10a-301
; and
496
(ii) the corporation's articles of incorporation;
497
(c) without the written consent of the United States Olympic Committee, may not contain
498
the words:
499
(i) "Olympic";
500
(ii) "Olympiad"; or
501
(iii) "Citius Altius Fortius"; and
502
(d) without the written consent of the [State Board of Regents] Division of Consumer
503
Protection issued in accordance with Section [
53B-5-114
]
13-34-114
, may not contain the words:
504
(i) "university";
505
(ii) "college"; or
506
(iii) "institute."
507
(2) Except as authorized by Subsections (3) and (4), the name of a corporation must be
508
distinguishable, as defined in Subsection (5), upon the records of the division from:
509
(a) the name of any domestic corporation incorporated in or foreign corporation authorized
510
to transact business in this state;
511
(b) the name of any domestic or foreign nonprofit corporation incorporated or authorized
512
to transact business in this state;
513
(c) the name of any domestic or foreign limited liability company formed or authorized
514
to transact business in this state;
515
(d) the name of any limited partnership formed or authorized to transact business in this
516
state;
517
(e) any name reserved or registered with the division for a corporation, limited liability
518
company, or general or limited partnership, under the laws of this state; and
519
(f) any business name, fictitious name, assumed name, trademark, or service mark
520
registered by the division.
521
(3) (a) A corporation may apply to the division for authorization to file its articles of
522
incorporation under, or to register or reserve, a name that is not distinguishable upon its records
523
from one or more of the names described in Subsection (2).
524
(b) The division shall approve the application filed under Subsection (3)(a) if:
525
(i) the other person whose name is not distinguishable from the name under which the
526
applicant desires to file, or which the applicant desires to register or reserve:
527
(A) consents to the filing, registration, or reservation in writing; and
528
(B) submits an undertaking in a form satisfactory to the division to change its name to a
529
name that is distinguishable from the name of the applicant; or
530
(ii) the applicant delivers to the division a certified copy of the final judgment of a court
531
of competent jurisdiction establishing the applicant's right to make the requested filing in this state
532
under the name applied for.
533
(4) A corporation may make a filing under the name, including the fictitious name, of
534
another domestic or foreign corporation that is used or registered in this state if:
535
(a) the other corporation is incorporated or authorized to transact business in this state; and
536
(b) the filing corporation:
537
(i) has merged with the other corporation; or
538
(ii) has been formed by reorganization of the other corporation.
539
(5) (a) A name is distinguishable from other names, trademarks, and service marks on the
540
records of the division if it:
541
(i) contains one or more different letters or numerals; or
542
(ii) has a different sequence of letters or numerals from the other names on the division's
543
records.
544
(b) Differences which are not distinguishing are:
545
(i) the words or abbreviations of the words:
546
(A) "corporation";
547
(B) "company";
548
(C) "incorporated";
549
(D) "limited partnership";
550
(E) "L.P.";
551
(F) "limited";
552
(G) "ltd.";
553
(H) "limited liability company";
554
(I) "limited company";
555
(J) "L.C."; or
556
(K) "L.L.C.";
557
(ii) the presence or absence of the words or symbols of the words "the," "and," or "a";
558
(iii) differences in punctuation and special characters;
559
(iv) differences in capitalization;
560
(v) differences between singular and plural forms of words for a corporation:
561
(A) incorporated in or authorized to do business in this state on or after May 4, 1998; or
562
(B) that changes its name on or after May 4, 1998;
563
(vi) differences in whether the letters or numbers immediately follow each other or are
564
separated by one or more spaces if:
565
(A) the sequence of letters or numbers is identical; and
566
(B) the corporation:
567
(I) is incorporated in or authorized to do business in this state on or after May 3, 1999; or
568
(II) changes its name on or after May 3, 1999; or
569
(vii) differences in abbreviations, for a corporation:
570
(A) incorporated in or authorized to do business in this state on or after May 1, 2000; or
571
(B) that changes its name on or after May 1, 2000.
572
(c) The director of the division has the power and authority reasonably necessary to
573
interpret and efficiently administer this section and to perform the duties imposed on the division
574
by this section.
575
(6) A name that implies that the corporation is an agency of this state or of any of its
576
political subdivisions, if it is not actually such a legally established agency or subdivision, may not
577
be approved for filing by the division.
578
(7) (a) The requirements of Subsection (1)(d) do not apply to a corporation incorporated
579
in or authorized to do business in this state on or before May 4, 1998, until December 31, 1998.
580
(b) On or after January 1, 1999, any corporation incorporated in or authorized to do
581
business in this state shall comply with the requirements of Subsection (1)(d).
582
Section 19.
Section
16-11-16
is amended to read:
583
16-11-16. Corporate name.
584
(1) The name of each professional corporation as set forth in its articles of incorporation:
585
(a) shall contain the terms:
586
(i) "professional corporation"; or
587
(ii) "P.C.";
588
(b) may not contain the words:
589
(i) "incorporated"; or
590
(ii) "inc.";
591
(c) may not contain language stating or implying that the professional corporation is
592
organized for a purpose other than that permitted by:
593
(i) Section
16-11-6
; and
594
(ii) the professional corporation's articles of incorporation;
595
(d) without the written consent of the United States Olympic Committee, may not contain
596
the words:
597
(i) "Olympic";
598
(ii) "Olympiad"; or
599
(iii) "Citius Altius Fortius"; and
600
(e) without the written consent of the [State Board of Regents] Division of Consumer
601
Protection in accordance with Section [
53B-5-114
]
13-34-114
, may not contain the words:
602
(i) "university";
603
(ii) "college"; or
604
(iii) "institute."
605
(2) The professional corporation may not imply by any word in the name that it is an
606
agency of the state or of any of its political subdivisions.
607
(3) A person, other than a professional corporation formed or registered under this chapter,
608
may not use in its name in this state any of the terms:
609
(a) "professional corporation"; or
610
(b) "P.C."
611
(4) Except as authorized by Subsection (5), the name of the professional corporation must
612
be distinguishable, as defined in Subsection (6), upon the records of the division from:
613
(a) the name of any domestic corporation incorporated in or foreign corporation authorized
614
to transact business in this state;
615
(b) the name of any domestic or foreign nonprofit corporation incorporated or authorized
616
to transact business in this state;
617
(c) the name of any domestic or foreign limited liability company formed or authorized
618
to transact business in this state;
619
(d) the name of any limited partnership formed or authorized to transact business in this
620
state;
621
(e) any name reserved or registered with the division for a corporation, limited liability
622
company, or general or limited partnership, under the laws of this state; and
623
(f) any business name, fictitious name, assumed name, trademark, or service mark
624
registered by the division.
625
(5) (a) A professional corporation may apply to the division for authorization to file its
626
articles of incorporation under, or to register or reserve, a name that is not distinguishable upon
627
its records from one or more of the names described in Subsection (4).
628
(b) The division shall approve the application filed under Subsection (5)(a) if:
629
(i) the other person whose name is not distinguishable from the name under which the
630
applicant desires to file, or which the applicant desires to register or reserve:
631
(A) consents to the filing, registration, or reservation in writing; and
632
(B) submits an undertaking in a form satisfactory to the division to change its name to a
633
name that is distinguishable from the name of the applicant; or
634
(ii) the applicant delivers to the division a certified copy of the final judgment of a court
635
of competent jurisdiction establishing the applicant's right to make the requested filing in this state
636
under the name applied for.
637
(6) (a) A name is distinguishable from other names, trademarks, and service marks
638
registered with the division if it:
639
(i) contains one or more different letters or numerals from other names upon the division's
640
records; or
641
(ii) has a different sequence of letter or numerals from the other names on the division's
642
records.
643
(b) The following differences are not distinguishable:
644
(i) the words or abbreviations of the words:
645
(A) "corporation";
646
(B) "incorporated";
647
(C) "company";
648
(D) "limited partnership";
649
(E) "limited";
650
(F) "L.P.";
651
(G) "Ltd.";
652
(H) "limited liability company";
653
(I) "limited company";
654
(J) "L.C."; or
655
(K) "L.L.C.";
656
(ii) the presence or absence of the words or symbols of the words "the," "and," "a," or
657
"plus";
658
(iii) differences in punctuation and special characters;
659
(iv) differences in capitalization; or
660
(v) differences in abbreviations.
661
(7) The director of the division shall have the power and authority reasonably necessary
662
to interpret and efficiently administer this section and to perform the duties imposed upon the
663
division by this section.
664
Section 20.
Section
42-2-6.6
is amended to read:
665
42-2-6.6. Assumed name.
666
(1) The assumed name:
667
(a) may not contain any word or phrase that indicates or implies that the business is
668
organized for any purpose other than one or more of the purposes contained in its application;
669
(b) shall be distinguishable from any registered name or trademark of record in the offices
670
of the Division of Corporations and Commercial Code, as defined in Subsection
16-10a-401
(5),
671
except as authorized by the Division of Corporations and Commercial Code pursuant to Subsection
672
(2);
673
(c) without the written consent of the United States Olympic Committee, may not contain
674
the words:
675
(i) "Olympic";
676
(ii) "Olympiad"; or
677
(iii) "Citius Altius Fortius";
678
(d) without the written consent of the [State Board of Regents] Division of Consumer
679
Protection issued in accordance with Section [
53B-5-114
]
13-34-114
, may not contain the words:
680
(i) "university";
681
(ii) "college"; or
682
(iii) "institute"; and
683
(e) an assumed name authorized for use in this state on or after May 1, 2000, may not
684
contain the words:
685
(i) "incorporated";
686
(ii) "inc."; or
687
(iii) a variation of "incorporated" or "inc."
688
(2) Notwithstanding Subsection (1)(e), an assumed name may contain a word listed in
689
Subsection (1)(e) if the Division of Corporations and Commercial Code authorizes the use of the
690
name by a corporation as defined in:
691
(a) Subsection
16-6a-102
(26);
692
(b) Subsection
16-6a-102
(33);
693
(c) Subsection
16-10a-102
(11); or
694
(d) Subsection
16-10a-102
(20).
695
(3) The Division of Corporations and Commercial Code shall authorize the use of the
696
name applied for if:
697
(a) the name is distinguishable from one or more of the names and trademarks that are on
698
the division's records; or
699
(b) the applicant delivers to the division a certified copy of the final judgment of a court
700
of competent jurisdiction establishing the applicant's right to use the name applied for in this state.
701
(4) The assumed name, for purposes of recordation, shall be either translated into English
702
or transliterated into letters of the English alphabet if it is not in English.
703
(5) The Division of Corporations and Commercial Code may not approve an application
704
for an assumed name to any person violating this section.
705
(6) The director of the Division of Corporations and Commercial Code shall have the
706
power and authority reasonably necessary to interpret and efficiently administer this section and
707
to perform the duties imposed on the division by this section.
708
(7) A name that implies by any word in the name that it is an agency of the state or of any
709
of its political subdivisions, if it is not actually such a legally established agency, may not be
710
approved for filing by the Division of Corporations and Commercial Code.
711
(8) Section
16-10a-403
applies to this chapter.
712
(9) (a) The requirements of Subsection (1)(d) do not apply to a person who filed a
713
certificate of assumed and of true name with the Division of Corporations and Commercial Code
714
on or before May 4, 1998, until December 31, 1998.
715
(b) On or after January 1, 1999, any person who carries on, conducts, or transacts business
716
in this state under an assumed name shall comply with the requirements of Subsection (1)(d).
717
Section 21.
Section
48-2a-102
is amended to read:
718
48-2a-102. Name.
719
(1) The name of each limited partnership as set forth in its certificate of limited
720
partnership:
721
(a) shall contain the terms:
722
(i) "limited partnership";
723
(ii) "limited";
724
(iii) "L.P."; or
725
(iv) "Ltd.";
726
(b) may not contain the name of a limited partner unless:
727
(i) it is the name of a general partner;
728
(ii) it is the corporate name of a corporate general partner; or
729
(iii) the business of the limited partnership had been carried on under that name before the
730
admission of that limited partner;
731
(c) may not contain:
732
(i) the words:
733
(A) "association";
734
(B) "corporation"; or
735
(C) "incorporated";
736
(ii) any abbreviation of a word listed in this Subsection (1)(c); or
737
(iii) any word or abbreviation that is of like import to the words listed in Subsection
738
(1)(c)(i) in any other language;
739
(d) without the written consent of the United States Olympic Committee, may not contain
740
the words:
741
(i) "Olympic";
742
(ii) "Olympiad"; or
743
(iii) "Citius Altius Fortius"; and
744
(e) without the written consent of the [State Board of Regents] Division of Consumer
745
Protection issued in accordance with Section [
53B-5-114
]
13-34-114
, may not contain the words:
746
(i) "university";
747
(ii) "college"; or
748
(iii) "institute."
749
(2) (a) A person or entity other than a limited partnership formed or registered under this
750
title may not use in its name in this state any of the terms:
751
(i) "limited";
752
(ii) "limited partnership";
753
(iii) "Ltd."; or
754
(iv) "L.P."
755
(b) Notwithstanding Subsection (2)(a):
756
(i) a foreign corporation whose actual name includes the word "limited" or "Ltd." may use
757
its actual name in this state if it also uses:
758
(A) "corporation";
759
(B) "incorporated"; or
760
(C) any abbreviation of a word listed in this Subsection (2)(b)(i);
761
(ii) a limited liability company may use in its name in this state the terms:
762
(A) "limited";
763
(B) "limited company";
764
(C) "L.C.";
765
(D) "L.L.C.";
766
(E) "LC"; or
767
(F) "LLC"; and
768
(iii) a limited liability partnership may use the terms "limited liability partnership,"
769
"L.L.P.," or "LLP" in the manner allowed in Section
48-1-45
.
770
(3) Except as authorized by Subsection (4), the name of a limited partnership must be
771
distinguishable as defined in Subsection (5) upon the records of the division from:
772
(a) the name of any limited partnership formed or authorized to transact business in this
773
state;
774
(b) the corporate name of any corporation incorporated or authorized to transact business
775
in this state;
776
(c) any limited partnership name reserved under this chapter;
777
(d) any corporate name reserved under Title 16, Chapter 10a, Utah Revised Business
778
Corporation Act;
779
(e) any fictitious name adopted by a foreign corporation or limited partnership authorized
780
to transact business in this state because its real name is unavailable;
781
(f) any corporate name of a not-for-profit corporation incorporated or authorized to
782
transact business in this state; and
783
(g) any assumed business name, trademark, or service mark registered by the division.
784
(4) (a) A limited partnership may apply to the division for approval to file its certificate
785
under, or to reserve, a name that is not distinguishable upon the division's records from one or
786
more of the names described in Subsection (3).
787
(b) The division shall approve of the name for which application is made under Subsection
788
(4)(a) if:
789
(i) the other person whose name is not distinguishable from the name under which the
790
applicant desires to file:
791
(A) consents to the filing in writing; and
792
(B) submits an undertaking in a form satisfactory to the division to change its name to a
793
name that is distinguishable from the name of the applicant; or
794
(ii) the applicant delivers to the division a certified copy of the final judgment of a court
795
of competent jurisdiction establishing the applicant's right to use in this state the name for which
796
the application is made.
797
(5) A name is distinguishable from other names, trademarks, and service marks registered
798
with the division if it contains one or more different letters or numerals from other names upon the
799
division's records.
800
(6) The following differences are not distinguishing:
801
(a) the terms:
802
(i) "corporation";
803
(ii) "incorporated";
804
(iii) "company";
805
(iv) "limited partnership";
806
(v) "limited";
807
(vi) "L.P."; or
808
(vii) "Ltd.";
809
(b) an abbreviation of a word listed in Subsection (6)(a);
810
(c) the presence or absence of the words or symbols of the words "the," "and," "a," or
811
"plus";
812
(d) differences in punctuation and special characters;
813
(e) differences in capitalization;
814
(f) differences between singular and plural forms of words for a limited partnership:
815
(i) formed in or registered as a foreign limited partnership in this state on or after May 4,
816
1998; or
817
(ii) that changes its name on or after May 4, 1998;
818
(g) differences in whether the letters or numbers immediately follow each other or are
819
separated by one or more spaces if:
820
(i) the sequence of letters or numbers is identical; and
821
(ii) the limited partnership:
822
(A) is formed in or registered as a foreign limited partnership in this state on or after May
823
3, 1999; or
824
(B) changes its name on or after May 3, 1999; or
825
(h) differences in abbreviations, for a limited partnership:
826
(i) formed in or registered as a foreign limited partnership in this state on or after May 1,
827
2000; or
828
(ii) that changes its name on or after May 1, 2000.
829
(7) The director of the division shall have the power and authority reasonably necessary
830
to interpret and efficiently administer this section and to perform the duties imposed upon the
831
division by this section.
832
(8) A name that implies that the limited partnership is an agency of this state or any of its
833
political subdivisions, if it is not actually such a legally established agency or subdivision, may not
834
be approved for filing by the division.
835
(9) (a) The requirements of Subsection (1)(e) do not apply to a limited partnership that is
836
formed in or registered as a foreign limited partnership in this state on or before May 4, 1998, until
837
December 31, 1998.
838
(b) On or after January 1, 1999, any limited partnership formed in or registered as a foreign
839
limited partnership in this state shall comply with the requirements of Subsection (1)(e).
840
Section 22.
Section
48-2c-106
is amended to read:
841
48-2c-106. Name -- Exclusive right.
842
(1) The name of each company as set forth in the articles of organization:
843
(a) shall contain the terms:
844
(i) "limited company";
845
(ii) "limited liability company";
846
(iii) "L.C." or "LC"; or
847
(iv) "L.L.C." or "LLC";
848
(b) may not contain:
849
(i) the terms:
850
(A) "association";
851
(B) "corporation";
852
(C) "incorporated";
853
(D) "limited partnership";
854
(E) "limited";
855
(F) "L.P."; or
856
(G) "Ltd."; or
857
(ii) words or any abbreviation with a similar meaning in any other language;
858
(c) without the written consent of the United States Olympic Committee, may not contain
859
the words:
860
(i) "Olympic";
861
(ii) "Olympiad"; or
862
(iii) "Citius Altius Fortius"; and
863
(d) without the written consent of the [State Board of Regents] Division of Consumer
864
Protection in accordance with Section [
53B-5-114
]
13-34-114
, may not contain the words:
865
(i) "university";
866
(ii) "college"; or
867
(iii) "institute".
868
(2) (a) A person, other than a company formed under this chapter or a foreign company
869
authorized to transact business in this state, may not use in its name in this state any of the terms:
870
(i) "limited liability company";
871
(ii) "limited company";
872
(iii) "L.L.C.";
873
(iv) "L.C.";
874
(v) "LLC"; or
875
(vi) "LC".
876
(b) Notwithstanding Subsection (2)(a):
877
(i) a foreign corporation whose actual name includes the word "limited" or "Ltd." may use
878
its actual name in this state if it also uses:
879
(A) "corporation" or "corp."; or
880
(B) "incorporated" or "inc."; and
881
(ii) a limited liability partnership may use in its name the terms:
882
(A) "limited liability partnership";
883
(B) "L.L.P."; or
884
(C) "LLP".
885
(3) Except as authorized by Subsection (4), the name of a company must be
886
distinguishable as defined in Subsection (5) upon the records of the division from:
887
(a) the actual name, reserved name, or fictitious or assumed name of any entity registered
888
with the division; or
889
(b) any tradename, trademark, or service mark registered with the division.
890
(4) (a) A company may apply to the division for approval to file its articles of organization
891
under or to reserve a name that is not distinguishable upon the division's records from one or more
892
of the names described in Subsection (3).
893
(b) The division shall approve the name for which the company applies under Subsection
894
(4)(a) if:
895
(i) the other person whose name is not distinguishable from the name under which the
896
applicant desires to file:
897
(A) consents to the filing in writing; and
898
(B) submits an undertaking in a form satisfactory to the division to change its name to a
899
name that is distinguishable from the name of the applicant; or
900
(ii) the applicant delivers to the division a certified copy of the final judgment of a court
901
of competent jurisdiction establishing the applicant's right to use the name in this state.
902
(5) A name is distinguishable from other names, trademarks, and service marks registered
903
with the division if it contains one or more different words, letters, or numerals from other names
904
upon the division's records.
905
(6) The following differences are not distinguishing:
906
(a) the terms:
907
(i) "corporation";
908
(ii) "incorporated";
909
(iii) "company";
910
(iv) "limited partnership";
911
(v) "limited";
912
(vi) "L.P." or "LP";
913
(vii) "Ltd.";
914
(viii) "limited liability company";
915
(ix) "limited company";
916
(x) "L.C." or "LC"; or
917
(xi) "L.L.C." or "LLC";
918
(b) an abbreviation of a word listed in Subsection (6)(a);
919
(c) the presence or absence of the words or symbols of the words "the," "and," "a," or
920
"plus";
921
(d) differences in punctuation and special characters;
922
(e) differences in capitalization; or
923
(f) for a company that is formed in this state on or after May 4, 1998, or registered as a
924
foreign company in this state on or after May 4, 1998, differences between singular and plural
925
forms of words.
926
(7) A name that implies that a company is an agency of this state or any of its political
927
subdivisions, if it is not actually a legally established agency or political subdivision, may not be
928
approved for filing by the division.
929
Section 23. Repealer.
930
This act repeals:
931
Section 53B-5-101, Short title.
932
Section 53B-5-102, Legislative intent.
933
Section 53B-5-103, Definitions.
934
Section 53B-5-104, Prohibited acts -- Exceptions -- Responsibilities of proprietary
935
schools.
936
Section 53B-5-105, Exempted institutions.
937
Section 53B-5-106, Responsibilities of Board of Regents.
938
Section 53B-5-107, Operation of proprietary schools -- Required registration
939
statement -- Fee -- Denial of registration -- Registration does not constitute endorsement.
940
Section 53B-5-108, Information required to be available -- Fair and ethical practices.
941
Section 53B-5-109, Discontinuance of operations -- Filing of transcripts.
942
Section 53B-5-110, Enforcement of contracts or agreements -- Rescission based on
943
defective registration statement.
944
Section 53B-5-111, Referral of suspected violations -- Penalty.
945
Section 53B-5-112, Limitation of authority.
946
Section 53B-5-113, Suspension, termination, or refusal to register.
947
Section 53B-5-114, Consent to use of educational terms in business names.
948
Section 53B-5-201, Fraudulent education credentials.
949
Section 24. Effective date.
950
This act takes effect on July 1, 2002.
Legislative Review Note
as of 1-4-02 2:01 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.