§ 23-64-103. Definitions

As used in this article 64, unless the context otherwise requires:

1. “Administrative law judge” means a person, appointed by the authority from a list provided by the attorney general, who shall conduct hearings on any matter that is within the jurisdiction of the division and that is referred to the administrative law judge by the division.
2. “Agent” means any person owning any interest in, employed by, or representing for remuneration or other consideration a private occupational school located within or without this state who enrolls or who, in places other than the principal school premises, offers or attempts to secure the enrollment of any person within this state for education in a school.
3. “Agent’s permit” means a nontransferable written authorization issued to an agent pursuant to the provisions of this article 64 by the division upon approval by the executive director.
4. “Associate degree” means a degree offered by a school on the successful completion of the degree requirements as established by the division.
5. “Board” means the private occupational school board created in section 23-64-107.
6. “Ceasing operation” means the voluntary discontinuation of operation by a private occupational school or the discontinuation of operation by a private occupational school due to the denial, expiration, revocation, or suspension of the school’s certificate of approval by the division.
7. “Certificate” means an award for the successful completion of a specific course or program objective.
8. “Certificate of approval” means a written authorization issued by the division, upon approval by the executive director, to the principal owners of a school in the name of the school, pursuant to the provisions of this article 64, to operate a school in this state.
9. “Diploma” means an award for the successful completion of an approved prescribed program of study in a particular field of endeavor.
10. “Director” means the director of the private occupational school division created pursuant to section 23-64-105.
11. “Division” means the private occupational school division created pursuant to section 23-64-105.
12. “Educational credentials” means certificates, diplomas, associate degrees, transcripts, reports, numbers, or words that signify or are generally taken to signify enrollment, attendance, progress, or satisfactory completion of the requirements for education at a school.
13. “Educational services” or “education” includes, but is not limited to, any class, course, or program of training, instruction, or study that is designed or is purported to meet all or part of the requirements for employment in an agricultural, trade, industrial, technical, business, office, sales, service, or health occupation and constitutes occupational education.
14. “Entity” includes, but is not limited to, any person, society, association, partnership, corporation, or trust.
15. “Executive director” means the executive director of the department of higher education appointed pursuant to section 23-1-110 (2).
16. “New school” means a private occupational school that does not hold an existing certificate of approval as of June 30, 1981, or a school holding an existing certificate of approval as of June 30, 1981, that subsequently expires pursuant to the provisions of section 23-64-114 (4) or is revoked or denied pursuant to the provisions of this article 64.
17. “Occupational education” means any education designed to facilitate the vocational, technical, or occupational development of individual persons, including, but not limited to, vocational or technical training or retraining that is given in schools or classes, including field or laboratory work incident thereto, that is conducted as a part of a program designed to fit individuals for gainful employment as semiskilled or skilled workers or technicians in recognized occupations requiring less than a four-year baccalaureate degree. The term also includes instruction related to the occupation for which the person is being trained or that is necessary for him or her to benefit from the training.
18. “Offer” or “offering” includes, in addition to its usual meaning, advertising, publicizing, soliciting, or encouraging any person in any manner to perform the act described.
19. “Operate” or “operating”, when used with respect to a school, means to establish, keep, or maintain any facility or location in this state where, from, or through which educational services are offered or educational credentials are offered or granted.
20. “Private occupational school” or “school” means any entity or institution for profit or not for profit located within or without this state that offers educational credentials or educational services that constitute occupational education in this state and that is not specifically exempt from the provisions of this article 64.
21. “Train-out” means the opportunity for a student of a private occupational school ceasing operation to meet the student’s educational objectives through training provided by another approved private occupational school, a community college, an area technical college, or any other training arrangement acceptable to the division.

Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1178, § 1, effective August 9.

Editor’s note: This section is similar to former § 12-59-103 as it existed prior to 2017.