13-34-111. Exemptions.
(1) As used in this section, "State Authorization Reciprocity Agreement" or "SARA" means an agreement among member states, districts, and territories establishing comparable national standards for offering interstate postsecondary distance education courses and programs.
(2) Except as provided in Subsection, this chapter does not apply to a public postsecondary school. (2)(b) Notwithstanding Subsection, the division may issue a state authorization certificate to a public postsecondary school in accordance with Section. (2)(a) 13-34-302
(3) A postsecondary school is exempt from Sectionsthroughif: 13-34-201 13-34-205 the postsecondary school: is an active participant institution in SARA that provides distance education to an individual in Utah in accordance with SARA; and does not maintain a physical presence in the state; a bona fide church or religious organization that is exempt from property taxation by this state owns, controls, operates, or maintains the postsecondary school; is a business organization, trade or professional association, fraternal society, or labor organization that: sponsors or conducts postsecondary education primarily for its employees, independent contractors, or members; and does not advertise as a school; or exclusively offers one or more of the following: postsecondary education: that is avocational, nonvocational, or recreational; for which the postsecondary school does not represent vocational objectives; and for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; that is a prerequisite to obtain or maintain a license or certification issued by a government agency; and through a postsecondary school that a Utah or federal government agency regulates and licenses, registers, or otherwise approves to provide the education; or for which the postsecondary school charges a student less than an amount established by division rule in any 12-month period; and for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; preparation for an individual to teach courses or instruction described in Subsection; (3)(d)(i)(A) courses in English as a second language or other language courses; instruction to advance personal development or a general professional skill: that is not independently sufficient to prepare an individual for specific employment; and for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; instruction designed to prepare an individual to run for political office, for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; professional review programs, including certified public accountant or bar examination review and preparation courses; or instruction to an apprentice: as part of an apprenticeship; and provided by a person who voluntarily conforms to, in accordance with Section. Title 35A, Chapter 6, Apprenticeship Act 35A-6-104
(4) A postsecondary school that is exempt under this section shall file a registration statement with the division within 30 days of the date on which the postsecondary school no longer qualifies for exemption.
(5) A postsecondary school that is exempt in accordance with this section may voluntarily submit a registration statement. A postsecondary school that voluntarily submits a registration statement as described in Subsection, and obtains a registration certificate, is not exempt from Sectionsthrough. (5)(a) 13-34-201 13-34-205
(6) A postsecondary school bears the burden of proving it is exempt under this section.