Part 1 General Provisions 13-34-101 – 13-34-114
Part 2 Fraudulent Educational Credentials 13-34-201

Terms Used In Utah Code > Title 13 > Chapter 34

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Agent: means any person who:
    (a) owns an interest in or is employed by a proprietary school; and
    (i) enrolls or attempts to enroll a resident of this state in a proprietary school;
    (ii) offers to award educational credentials for remuneration on behalf of a proprietary school; or
    (iii) holds himself out to residents of this state as representing a proprietary school for any purpose. See Utah Code 13-34-103
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Certificate of registration: means approval from the division to operate a school or institution in compliance with this chapter and rules adopted under this chapter. See Utah Code 13-34-103
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Division: means the Division of Consumer Protection. See Utah Code 13-34-103
  • Educational credentials: means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers, or words that signify or appear to signify satisfactory completion of any requirement or prerequisite for any educational program. See Utah Code 13-34-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Filed: means the division has received and approved, as to form, a document submitted under this chapter, and has marked on the face of the document a stamp or seal indicating the time of day and date of approval, the name of the division, the division director's signature and division seal, or facsimiles of the signature or seal. See Utah Code 13-14-308
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means an individual, corporation, partnership, association, cooperative, or other legal entity. See Utah Code 13-34-103
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 48-2e-1156
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offer: means to advertise, publicize, solicit, or encourage any person directly or indirectly. See Utah Code 13-34-103
  • Ownership: means :
    (a) the controlling interest in a school, institution, or college; or
    (b) if an entity holds the controlling interest in the school, institution, or college, the controlling interest in the entity that holds the controlling interest in the school, institution, or college. See Utah Code 13-34-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :Utah Code 48-2e-1156
  • Personal property: includes :Utah Code 48-2e-1156
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Postsecondary education: means education or educational services offered primarily to individuals who:
    (a) have completed or terminated their secondary or high school education; or
    (b) are beyond the age of compulsory school attendance. See Utah Code 13-34-103
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Professional corporation: means a corporation organized under this chapter. See Utah Code 13-14-308
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Proprietary school: means a private institution, including a business, modeling, paramedical, tax preparation, or trade or technical school, that offers postsecondary education:
    (i) in consideration of the payment of tuition or fees; and
    (ii) for the attainment of educational, professional, or vocational objectives. See Utah Code 13-34-103
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Road: includes :Utah Code 48-2e-1156
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Statute: A law passed by a legislature.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Utah institution: means a school or institution that:
    (a) offers postsecondary education; and
    (b) is headquartered or primarily operates in Utah. See Utah Code 13-34-103
  • Writing: includes :Utah Code 48-2e-1156
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