§ 23-64-108. Powers and Duties of Board – Rules

1. The board shall have the following powers and duties:
   1. To establish minimum criteria in conformity with section 23-64-112, including quality of education, ethical business practices, and fiscal responsibility, that an applicant for a certificate of approval shall meet before the certificate of approval may be issued and continued in effect. The criteria to be developed under this section shall be such as will effectuate the purposes of this article 64.
   2. To establish minimum criteria in conformity with section 23-64-112 that an applicant for an agent’s permit shall meet before the agent’s permit may be issued and continued in effect. The criteria to be developed under this section shall be such as will effectuate the purposes of this article 64.
   3. To consult with the division regarding interstate reciprocity agreements;
   4. To receive, investigate, and evaluate, as it deems necessary, and act upon applications for certificates of approval, agents’ permits, and changes of ownership;
   5. To require the posting of appropriate notices on the school premises notifying students of any school closure by operation of law or otherwise;
   6. To investigate, as it deems necessary, any entity subject to, or reasonably believed by the board to be subject to, the jurisdiction of this article 64 and, in connection therewith, to subpoena any persons, books, records, or documents pertaining to the investigation; to require answers in writing, under oath, to questions propounded by the board; and to administer an oath or affirmation to any person in connection with any such investigation. The investigation may include the physical inspection of school facilities and records. The subpoena shall be enforceable by any court of record of this state.
   7. To deny or revoke the agent’s permit of an agent of an out-of-state school determined not to be in compliance with this article 64;
   8. To appoint administrative law judges to conduct hearings on any matter within the jurisdiction of the board, which shall include the conduct of hearings in aid of any investigation or inquiry pursuant to subsection (1)(f) of this section;
   9. To promulgate rules and to adopt procedures necessary or appropriate for the conduct of its work and the implementation of this article 64;
   10. To establish educational standards and requirements for the awarding of appropriate educational credentials by private occupational schools;
   11. To exercise other powers and duties implied, but not enumerated, in this section that, in the judgment of the board, are necessary in order to carry out the provisions of this article 64;
   12. To designate, by category of instruction, those schools that teach students under sixteen years of age for which instructional staff and prospective instructional staff, as defined by board rule, shall be required to submit a complete set of fingerprints pursuant to section 23-64-110;
   13. To prescribe uniform academic reporting policies and procedures to which a private occupational school shall adhere.

Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1183, § 1, effective August 9.

Editor’s note: This section is similar to former § 12-59-105.3 as it existed prior to 2017.