(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 or an exemption certificate under Section 13-34-107.5 if:

1. (a) the division finds that the order is in the public interest; and

2. (b)

   1. (i) the registration statement, renewal statement, or application for an exemption certificate is incomplete, false, or misleading in any respect;
   2. (ii) the division determines that the educational credential associated with the proprietary school or accredited institution represents the undertaking or completion of educational achievement that has not been undertaken and earned; or

   3. (iii) the proprietary school, accredited institution, or an individual described in Subsection 13-34-107(2)(a)(ii)(B) has:

      1. (A) violated any provision of:

         1. (I) this chapter;
         2. (II) the rules made by the division pursuant to this chapter; or
         3. (III) a commitment made in a registration statement for a certificate of registration to operate the proprietary school or in an application for an exemption certificate;

      2. (B) caused or allowed to occur a violation of any provision of:

         1. (I) this chapter;
         2. (II) the rules made by the division pursuant to this chapter; or
         3. (III) a commitment made in a registration statement for a certificate of registration to operate the proprietary school;

      3. (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:

         1. (I) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or
         2. (II) was based on a finding of lack of integrity, truthfulness, or mental competence;
      4. (D) been convicted of a crime involving moral turpitude;
      5. (E) obtained or attempted to obtain a certificate of registration under this chapter by misrepresentation;

      6. (F) failed to timely file with the division any report required by:

         1. (I) this chapter; or
         2. (II) rules made by the division pursuant to this chapter;
      7. (G) failed to furnish information requested by the division; or
      8. (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:

1. (a) there are serious concerns about the proprietary school's ability to provide the training in the manner approved by the division; and
2. (b) limitation is warranted to protect the students' interests.

(3)

1. (a) The division may:

   1. (i) conduct a criminal background check on an individual described in Subsection 13-34-107(2)(a)(ii)(B); and

   2. (ii) require a proprietary school to provide to the division any information and to cover any costs necessary to conduct a criminal background check on an individual described in Subsection 13-34-107(2)(a)(ii)(B)(I) through (IV), including:

      1. (A) a fingerprint card in a form acceptable to the division;
      2. (B) consent to a criminal background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation;
      3. (C) the cost of a criminal background check; and
      4. (D) the cost of fingerprinting.
2. (b) Money paid to the division for the cost of a criminal background check is nonlapsing.