Utah Admin. Code R37 — Higher Education (Utah Board of)

R765 Administration

R765-124 Government Records Access and Management

Utah Admin. Code R765-124-1 Purpose

The purpose of this rule is to outline requirements and a fee schedule for records access and management matters for the Utah Board of Higher Education and Office of the Commissioner of Higher Education pursuant to Title 63G, Chapter 2, Government Records Access and Management Act.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-2 Authority

Subsection 63G-2-204(3) authorizes this rule.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-3 Definitions

(1) "Archives" means Utah Division of Archives and Records Service.

(2) "Board" means Utah Board of Higher Education.

(3) "Classify" or "Classification" means determining, according to GRAMA, whether a record series, record, or information within a record is public, private, controlled, protected, or access is restricted from disclosure according to Subsection 63G-2-201(3).

(4) "Commissioner" means Commissioner of Higher Education.

(5) "Custody" means the guardianship of records and manuscripts which may include both physical possession, which is protective responsibility, and legal title, which is legal responsibility.

(6) "Designate" or "Designation" means indicating, based on the records officer's familiarity with a record series, the primary classification that a majority of records in a record series would be given if classified.

(7) "GRAMA" means the Government Records Access and Management Act.

(8) "OCHE" means Office of Commissioner of Higher Education.

(9) "Record" is as defined by Subsection 63G-2-103(25).

(10) "Records Officer" is the individual appointed by the Commissioner and certified by archives to work with archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-4 Records Officer

The records officer shall comply with all GRAMA requirements.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-5 Designation of Records

(1) The records officer shall designate the classification of each record or record series in the custody of the Board or OCHE when a written request is made under Section R765-124-7 as either public, private, controlled, protected, or restricted from disclosure under Section 53H-14-202 or Subsection 63G-2-201(3).

(2) The records officer shall report the designations for a record series to archives in accordance with Section 63G-2- 307.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-6 Records Designated as Private or Controlled

When a record is designated as private or controlled, OCHE:

(1) shall file a statement with archives explaining the purposes for which the records are collected and used according to Section 63G-2-601;

(2) shall only use the record for the purposes listed in the statement; and

(3) may share the records with other governmental entities, subject to the restrictions in Section 63G-2-206.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-7 Requests for Access to Records

(1) Each requester of records shall:

(a) submit the request in writing and direct it to the records officer at GRAMA Request, 60 South 400 West, Gateway Building 2, Salt Lake City, UT 84101, or by email to the records officer;

(b) use the OCHE GRAMA Request for Records Form; and

(c) include in the request the requestor's name, mailing address, daytime phone number, if available, and a description of the record requested that identifies the record with reasonable specificity according to Section 63G-2-204.

(2) Each requester may not direct an initial request to any Board member, OCHE staff, or administrator.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-8 Fees

(1) As authorized by Section 63G-2-203, OCHE may charge a reasonable fee to cover OCHE's actual cost of providing a record, which fee may include:

(a) the cost of staff time for compiling the records to meet an individual's request;

(b) cost of staff time for search and retrieval; or

(2) OCHE may not charge a fee for:

(a) reviewing a record to determine whether it is subject to disclosure, except as allowed under Subsection 63G-2- 203(5)(b)(i);

(b) inspecting a record; or

(c) the first quarter hour of staff time spent in responding to a request, except as provided in Subsection R765-124- 8(4)(d).

(3) If the fees are expected to exceed $50 or the requester has not paid fees from a previous request, OCHE may require payment of past fees and future estimated fees before beginning to process a request.

(4) OCHE shall charge the following fees for record requests:

(a) The fee for photocopies shall be:

(i) no fee for the first ten double-sided standard size, non-color white copies of a record request;

(ii) $.25 per page for standard size, non-color white copies;

(iii) $.40 per page for standard size, color copies;

(iv) $1 per page for 11 X 17 copies; and

(v) actual production cost for other odd sized copies.

(b) The fee for faxing documents shall be $1 per page plus telephone charges for long distance over five pages.

(d) The fee for staff time required to search, compile, or otherwise prepare a record shall be the actual cost required to search, compile, and otherwise prepare records, including electronic records, not to exceed the salary of the lowest paid employee at OCHE who, in the discretion of the record's custodian, has the necessary skill and training to perform the request; except that OCHE may not charge staff time for the first quarter hour of responding to a record request unless the requester:

(i) is not a Utah media representative; and

(ii) previously submitted a separate request within the 10-day period immediately before the date of the record request to which OCHE is responding.

(e) The fee for mailing and shipping shall be $5 for staff mail preparation time, plus actual mailing costs if greater than $2.

(f) The fee for other supplies, such as CD's, DVDs, and thumb drives shall be $10 per item.

(g) The fee for other services, such as fees for third party services, shall be OCHE's actual cost.

(5) Any requester may request a fee waiver, provided that:

(a) the request fits within the limited circumstances allowed under GRAMA; and

(b) the individual provides appropriate documentation and support to OCHE.

(6) Any requester may appeal the denial of a waiver under Section R765-124-12.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-9 Vexatious Requests

In accordance with Subsection 63G-2-201(7)(a)(vi), OCHE may not fulfill a person's records request if the person is determined to be a vexatious requester as defined by Section 63G-2-209.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-10 Access to Records for Research Purposes

OCHE's disclosures of records for research purposes shall be made according to Subsection 63G-2-208(8).

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-11 Intellectual Property Rights

The Commissioner, or the Commissioner's designee, shall make each determination regarding the duplication and distribution of materials held by OCHE and for which the Board or OCHE owns the intellectual property rights, as permitted by Subsection 63G-2-201(11).

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-12 Request Amending a Record

(1) Any individual may contest the accuracy or completeness of any public, private, or protected record concerning the individual by requesting OCHE to amend the record as outlined in Section 63G-2-603.

(2) If OCHE denies the request to amend the record, the requester may:

(a) submit a written statement contesting the information in the record; or

(b) appeal the denial as provided under Subsection 63G-2-603(7).

(3) Upon receipt of a requester's written statement contesting the information, OCHE shall comply with the requirements of Subsection 63G-2-603(6)(b).

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-13 Appeal to the Commissioner of Higher Education

(1) Each requester may appeal the denial of access to a requested record to the Commissioner as provided under Section 63G-2-401 within 30 days after OCHE sends a notice of denial under Section 63G-2-205 or the record request is considered denied under Subsection 63G-2-204(9), if that subsection applies.

(2) Each requester who is denied access to any record of which the Commissioner is the subject of the record may appeal the denial directly to the chair of Board.

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

Utah Admin. Code R765-124-14 Weighing of Privacy and Access Interests

The Commissioner, or the Commissioner's designee, may weigh privacy interests against access interests and allow access to specific private or protected records if the interests favoring access outweigh the interests favoring restriction of access as provided under Subsection 63G-2-201(5)(b).

History

KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2

R765-130 Equal Opportunity Initiatives

Utah Admin. Code R765-130-1 Purpose

This rule outlines compliance obligations and establishes a procedure for accepting and processing an individual's complaint against a Utah System of Higher Education institution for an alleged violation of Sections 53H-1-502, 53H-1-503, and 53H-1-504.

History

KEY: education
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3; 53H-1-502; 53H-1-503; 53H-1-504

Utah Admin. Code R765-130-2 Authority

This rule is authorized by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: education
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3; 53H-1-502; 53H-1-503; 53H-1-504

Utah Admin. Code R765-130-3 Definitions

"Institution" means an institution of higher education under Section 53H-1-102.

History

KEY: education
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3; 53H-1-502; 53H-1-503; 53H-1-504

Utah Admin. Code R765-130-4 Compliance Obligations

(1) Institutions are required to comply with Sections 53H-1-502, 53H-1-503, and 53H-1-504.

(2) The Utah Board of Higher Education shall comply with requirements in Subsections:

(a) 53H-1-502(7)(a) through (b);

(b) 53H-1-502(8)(a) through (b);

(d) 53H-1-502(6)(a) through (b);

(e) 53H-1-504(4);

(f) 53H-1-504(6)(a)(i) through (ii);

(g) 53H-1-504(6)(b);

(h) 53H-1-504(12)(a)(i) through (ii); and

(i) 53H-1-504(13)(a) through (b).

R765-130-5 Complaint Procedures.

(1) An individual may submit a report alleging a violation of Section 53H-1-502, 53H-1-503, or 53H-1-504 through Ethics Point or contact the Utah Board of Higher Education's Secretary to discuss other reporting options.

(2) The Office of the Commissioner of Higher Education (OCHE) will review the report and determine whether it includes a credible allegation of a violation of Section 53H-1-502, 53H-1-503, or 53H-1-504. If the allegation is credible, then the Commissioner will assign an investigator.

(3) The investigator will gather relevant evidence to determine whether there is preponderance of the evidence the institution engaged in a violation of Section 53H-1-502, 53H-1-503, or 53H-1-504.

(4) The investigator will issue a written report outlining the allegations, relevant evidence, and whether there is a preponderance of the evidence that the institution engaged in prohibited conduct under Section 53H-1-502, 53H-1-503, or 53H-1- 504.

(5) If the Board determines the institution violated Section 53H-1-502, 53H-1-503, or 53H-1-504, the Board will work with the institution, on or before 30 days after that determination, to create a remediation plan and will give the institution 180 days after the day the institution receives the remediation plan to cure the violation. The institution shall provide written documentation to the Board outlining the steps the institution took to cure the violation.

History

KEY: education
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3; 53H-1-502; 53H-1-503; 53H-1-504

Utah Admin. Code R765-130-6 Report to Higher Education Appropriations Subcommittee

On or before November 1 of each year, the Board shall submit a report to the Higher Education Appropriations Subcommittee that includes the review process, each institution's compliance determination, or if a violation is identified, the violation, remediation plan, and progress to cure the violation.

History

KEY: education
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3; 53H-1-502; 53H-1-503; 53H-1-504

R765-134 Informal Adjudicative Proceedings under the Utah Administrative Procedures Act

Utah Admin. Code R765-134-1 Purpose

The purpose of this rule is to provide guidelines and procedures for the application of Title 63G, Chapter 4, Administrative Procedures Act, and associated regulations, to the public institutions of higher education, the Utah Board of Higher Education (Board), and my529.

History

KEY: colleges, higher education, adjudicative procedures
Date of Last Change: May 13, 2026
Notice of Continuation: August 11, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6)

Utah Admin. Code R765-134-2 Authority

This rule is authorized by Subsection 63G-4-102(6).

History

KEY: colleges, higher education, adjudicative procedures
Date of Last Change: May 13, 2026
Notice of Continuation: August 11, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6)

Utah Admin. Code R765-134-3 Definitions

(1) "Adjudicative proceeding" means an institutional action or proceeding described in Section 63G-4-103.

(2) "Institution" means the Board, my529, or an institution listed in Section 53H-1-102.

(3) "Party" means the institution or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or institutional rule to participate as parties in an adjudicative proceeding.

(4) "Person" means an individual, group of individuals, partnership, corporation, association, institution, agency, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character.

(5) "Presiding officer" means the chief executive officer of the institution, or an individual or body of individuals designated by the chief executive officer, by institutional rules, or by statute to conduct an adjudicative hearing.

(6) "Respondent" means a person against whom an adjudicative proceeding is initiated, whether by an institution or any other person.

History

KEY: colleges, higher education, adjudicative procedures
Date of Last Change: May 13, 2026
Notice of Continuation: August 11, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6)

Utah Admin. Code R765-134-4 Applicability of Rule and Findings of Board

(1) The Utah Administrative Procedures Act (Act), Section 63G-4-102, provides certain exemptions from the Act which affect higher education institutions. As a consequence of these statutory provisions, adjudicative proceedings relating to the evaluation, discipline, employment, transfer, reassignment, or promotion of students and faculty, to personnel matters for all employees, to contracts for the purchase and sale of goods and services by the institutions, or to actions required by federal statute or regulation to be conducted solely according to federal procedures are not governed by the Act.

(2) Subsection 53H-3-905(2) provides that, "State institutions of higher education are 'political subdivisions'… as this term is used in Title 41, Chapter 6a, Traffic Code." The Act applies to "agencies" which, as defined in Subsection 63G-4- 103(1)(b), does not include "any political subdivision of the state, or any administrative unit of a political subdivision of the state." Consequently, the institutions are exempt from the Act in matters involving campus traffic regulations not only where students and employees are involved but also where they impact persons other than students and employees. However, since some aspects of parking and parking lot management may not be covered by Title 41, Chapter 6a, Traffic Code, hearings relating to parking matters which involve persons other than students and employees may be subject to the Act.

(3) Adjudicative proceedings, undertaken by an institution, are to be conducted informally according to the procedures set forth in this rule, enacted under the authority of the Act, except for matters that involve:

(a) the evaluation, discipline, employment, transfer, reassignment, or promotion of students and faculty;

(b) personnel matters for all employees;

(d) contracts for the purchase and sale of goods and services by the institution; or

(e) actions required by federal statute or regulation to be conducted solely according to federal procedures.

(4) Adjudicative proceedings where parties other than students or employees are involved that are authorized to be handled informally include:

(a) admissions;

(b) residence for tuition purposes;

(d) campus parking;

(e) campus event participation;

(f) former student matters; and

(g) former employee matters.

(5) The Board makes the following findings as to the appropriateness of informal adjudicative proceedings:

(a) The use of informal procedures as provided in Subsection R765-134-4(3) does not violate any procedural requirement imposed by a statute other than the Act.

(b) The rights of the parties to the proceedings will be reasonably protected by the informal procedures.

(d) The cost of formal adjudicative proceedings outweighs the potential benefits to the public of a formal adjudicative proceeding.

(6) If fairness is not compromised, an institution may substitute one presiding officer for another during any proceeding. A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.

(7) Each institution may adopt its own categorizations and procedures enacted under the authority of the Act. Significant variations from the Board's rules and procedures must be approved by the Board.

History

KEY: colleges, higher education, adjudicative procedures
Date of Last Change: May 13, 2026
Notice of Continuation: August 11, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6)

Utah Admin. Code R765-134-5 Procedures for Informal Adjudicative Proceedings

(1) An informal adjudicative proceeding shall be commenced by either:

(a) a notice of institutional action, if proceedings are commenced by the institution; or

(b) a request for institutional action, if proceedings are commenced by persons other than the institution.

(2) A notice of institutional action or a request for institutional action shall be filed and served according to the following requirements:

(a) The notice shall be in writing, signed by a presiding officer if the proceeding is commenced by the institution, or by the person invoking the jurisdiction of the institution, or by their representative, and shall include:

(i) the names and mailing addresses of each respondent and other persons to whom notice is being given;

(ii) the institution's file number or other reference number;

(iii) the name of the adjudicative proceeding;

(iv) the date that the notice of institutional action or the request for institutional action was mailed;

(v) if a hearing is to be held, a statement of the time and place of any scheduled hearing, a statement of the purpose for which the hearing is to be held, and a statement that a party who fails to attend or participate in the hearing may be held in default;

(vi) if a hearing is not scheduled, a statement that a party may request a hearing within 20 days of the mailing of the notice or such other time as prescribed by institutional rule;

(vii) a statement of the legal authority and jurisdiction under which the adjudicative proceeding is to be maintained or institutional action is requested;

(viii) a statement of the purpose of the adjudicative proceeding, the questions to be decided to the extent known or the facts and reasons forming the basis for relief, and the relief or decision sought by the commencing party; and

(ix) the name, title, mailing address, and telephone number of the presiding officer.

(b) The institution shall mail the notice of institutional action or the request for institutional action to each party.

(3) No answer or other pleading responsive to the allegations contained in the notice of institutional action or the request for institutional action need be filed.

(4) The institution shall hold a hearing only if a hearing is required by statute or rule, or if a hearing is permitted by statute and a hearing is requested by a party within 20 days of the mailing of the notice, or such other time as prescribed by institutional rule. "Hearing" includes not only a face-to-face proceeding but also a proceeding conducted by telephone, television, or other electronic means.

(5) In any hearing, the parties named in the notice of institutional action or in the request for institutional action shall be permitted to testify, present evidence, and comment on the issues. Participation may be limited to the named parties.

(6) Hearings will be held only after timely notice to each party.

(7) Discovery is prohibited, and the institution may not issue subpoenas or other discovery orders. This prohibition against discovery is not intended to discourage non-coercive gathering or sharing of information by the parties.

(8) Each party shall have access to information contained in the institution's files and to all materials and information gathered in any investigation, to the extent permitted by law.

(9) Intervention is prohibited, except that the institution may enact rules permitting intervention where a federal statute or federal rule requires that a state permit intervention.

(10) Each hearing shall be open to each party. If the hearing is conducted by telephone, television or other electronic means this criterion is met if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see that aspect of the entire proceeding which is significant to the viewer while the proceeding is taking place.

(11) Within a reasonable time after the close of the hearing, or after the parties' failure to request a hearing within the time prescribed by the institution's or this rule, the presiding officer shall issue a signed order in writing that states the following:

(a) the decision;

(b) the reasons for the decision;

(d) the time limits for filing an appeal or request for review.

(12) The presiding officer's order shall be based on the facts appearing in the institution's files and on the facts presented in evidence at any hearings.

(13) Each hearing shall be recorded at the institution's expense. Any party, at their own expense, may have a reporter approved by the institution prepare a transcript from the institution's record of the hearing.

(14) Nothing in this rule restricts or precludes any investigative right or power given to an institution by a statute other than the Act.

(15) The presiding officer may enter an order of default against a party if that party fails to participate in the adjudicative proceeding. The order shall include a statement of the grounds for default and be mailed to each party. A defaulted party may seek to have the institution set aside the default order according to procedures outlined in the Utah Rules of Civil Procedure. After issuing the order of default, the presiding officer shall conduct any further proceedings necessary to complete the adjudicative proceeding without the participation of the party in default and determine each issue in the adjudicative proceeding, including those affecting the defaulting party.

(16) If a statute or the institution's rules permit parties to any adjudicative proceeding to seek review of an order, the aggrieved party may file a written request for review within ten days after the issuance of the order with the person or entity designated for that purpose by statute or rule. The form and procedures for such a request are set forth in Section 63G-4-301.

(17) Within ten days after the date that an order on review is issued, or within ten days after the date that a final order is issued for which institutional review is unavailable, any party may file a written request for reconsideration, stating the specific grounds upon which relief is requested. Unless otherwise provided by statute, the filing of the request is not a prerequisite for seeking judicial review of the order or the order on review. The request for reconsideration shall be filed with the institution and one copy shall be sent by mail to each party by the person making the request. The institution president, or a person designated for that purpose, shall issue a written order granting the request or denying the request. If the president or their designee does not issue an order within 20 days after the filing of the request, the request for rehearing shall be considered denied.

(18) A party aggrieved may obtain judicial review of final institutional action except in actions where judicial review is expressly prohibited by statute, only after exhausting all administrative remedies available, except that:

(a) a party seeking judicial review need not exhaust administrative remedies if a statute states that exhaustion is not required;

(b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if the administrative remedies are inadequate, or exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.

(19) A party shall file a petition for judicial review of final institutional action within 30 days after the date that the order constituting the final institutional action is issued. The petition shall name the institution and all other appropriate parties as respondents and shall meet the form requirements specified in the Act.

(20) The district courts shall have jurisdiction to review by trial de novo all final institutional action resulting from an adjudicative proceeding hereunder, except that final institutional action from proceedings based on a record shall be reviewed by the district courts on the record according to the standards of Subsection 63G-4-403(4). The form of the petition and procedures for this process are set forth in Section 63G-4-403.

(21) Unless precluded by statute, the institution may grant a stay of its order, or other temporary remedy during the pendency of judicial review, according to the institution's rules. If the institution denies a stay or denies other temporary remedies requested by a party, the institution's order of denial shall be mailed to all parties and shall specify the reasons why the stay or other temporary remedy was not granted.

(22) An institution may issue an order on an emergency basis without complying with the requirements of the Act if the facts known by the institution or presented to the institution show that an immediate and significant danger to the public health, safety, or welfare exists, and the threat requires immediate action by the institution. In issuing its emergency order, the institution shall:

(a) limit its order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare;

(b) issue promptly a written order, effective immediately, that includes a brief statement of findings of fact, conclusions of law, and reasons for the institution's utilization of emergency adjudicative proceedings; and

(23) If the emergency order issued under Subsection R765-134-5(22) will result in the continued infringement or impairment of any legal right or interest of any party, the institution shall begin appropriate adjudicative proceedings in accordance with the other provisions of this rule and the Act.

(24)(a) Any person may file a request for institutional action, requesting that the institution issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the institution to specified circumstances. An institution may issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party, only if that person consents in writing to the determination of the matter by a declaratory proceeding. After receipt of a petition for a declaratory order, the institution may issue a written order:

(i) declaring the applicability of the statute rule, or order in question to the specified circumstances;

(ii) setting the matter for adjudicative proceedings;

(iii) agreeing to issue a declaratory order within a specified time; or

(iv) declining to issue a declaratory order and stating the reasons for its action.

(b) The declaratory order shall contain:

(i) the names of all parties to the proceeding on which it is based;

(ii) the particular facts on which it is based; and

(iii) the reasons for its conclusions.

History

KEY: colleges, higher education, adjudicative procedures
Date of Last Change: May 13, 2026
Notice of Continuation: August 11, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6)

R765-135 Legal Services for Utah System of Higher Education Degree-Granting Institutions

Utah Admin. Code R765-135-1 Purpose

This rule outlines the appointment, scope of authority, systemwide coordination, and funding of legal counsel at Utah System of Higher Education (USHE) degree-granting institutions. It also outlines a degree-granting institution president's responsibilities related to legal services.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-2 Authority

This rule is authorized by Section 53H-3-405.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-3 Definitions

(1) "Legal counsel" means an attorney hired as an employee of a USHE degree-granting institution to provide legal services. For purposes of this rule, "legal counsel" does not include an Assistant Attorney General.

(2) "Formal legal opinion" means an official opinion issued by the Attorney General that interprets federal or state statutes, regulations, or rules.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-4 Appointment of Legal Counsel

The president of a degree-granting USHE institution may appoint one or more legal counsel. Legal counsel shall provide legal advice to the institution's Board of Trustees, president, administration, and other representatives of the institution, and coordinate legal affairs within the institution as authorized under Sections R765-135-4 through R765-135-7.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-5 Legal Counsel Scope of Authority

Legal counsel:

(1) Shall be licensed to practice law in Utah;

(2) Shall adhere to the Utah Rules of Professional Conduct and the Utah Standards of Professionalism and Civility;

(3) Represents the USHE institution as the client;

(4) Has the responsibility and authority to advise the institution on all relevant state, federal, and international laws, policies, rules and regulations;

(5) When advising, may consider and refer not only to the law, but to moral, economic, social, political, and other factors that may be relevant to the institution's situation. See Utah R. Prof. Conduct 2.1.

(6) Within the scope set by the institution's president, may act as legal representation for the Board of Trustees, president, administration, and other representatives of the institution in all matters;

(7) Except within the scope of authority set by the president, does not make decisions on behalf of the institution;

(8) May not conduct litigation;

(9) May not settle claims covered by the State Risk Management Fund;

(10) May not issue formal legal opinions;

(11) May not serve in or exercise a role outside the scope of authority articulated in this rule; and

(12) Except as provided in Subsection R765-135-5(11) shall not serve in or exercise an administrative role, function or office that is not primarily legal or regulatory.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-6 President's Responsibility for Legal Services

The president of a USHE degree-granting institution:

(1) Has the authority to define the scope and authority of legal counsel consistent with this rule;

(2) Except as otherwise outlined under Utah law and Utah Board of Higher Education (Board) policy and subject to oversight by the Board and the institution's Board of Trustees, is the final decisionmaker on issues impacting the institution;

(3) When seeking legal advice, shall work to ensure legal counsel has full context so legal counsel can provide the best legal advice;

(4) May consult legal counsel for strategic advice;

(5) May not defer institutional representation in legislative meetings to legal counsel;

(6) Shall seek advice, rather than approval, from legal counsel;

(7) Shall act as the final decisionmaker on matters impacting the institution and may not defer final decision-making authority or responsibility outside of the scope of legal counsel's authority to legal counsel;

(8) May assign legal counsel to oversee legal and regulatory functions, including compliance, contracts, policy, records management, and risk management, but may not do so in a manner that relinquishes the president's role as decisionmaker on issues impacting the institution;

(9) May assign legal counsel to act as Board Secretary for the institution's Board of Trustees in accordance with guidance issued by the Utah Board of Higher Education;

(10) Except for matters in which legal counsel has been conflicted off, shall seek advice from legal counsel before engaging on institutional matters with an attorney not employed by the institution; and

(11) May not appoint, contract, hire, or retain an outside attorney to prosecute or defend litigation without the written consent of the Attorney General or the Attorney General's designee.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-7 Coordination

The Board shall coordinate the activities of legal counsel. The Commissioner of Higher Education or their designee shall coordinate, with the Attorney General's Office, to provide statewide training and development opportunities for legal counsel at USHE degree-granting institutions and to enhance the exchange of information, ideas, and expertise between and among legal counsel and attorneys in the Attorney General's Office. By its effective coordination of legal counsel and with the Attorney General's Office, the Board shall seek to optimize legal support to USHE as a whole and to each institution.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-8 Cooperation with the Attorney General's Office

(1) In providing legal representation to their institution, legal counsel shall cooperate with the Attorney General's Office.

(2) Legal counsel shall communicate to and cooperate with both the Board's general counsel and the Attorney General's Office on all matters that may be expected to have a litigation risk for the Board or other USHE institutions.

(3) Only the Attorney General's Office may issue formal legal opinions.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

Utah Admin. Code R765-135-9 Funding for Legal Counsel

Each USHE degree-granting institution shall fund legal counsel compensation, benefit costs, and other related expenses through the institution's budget.

History

KEY: Utah Board of Higher Education, Legal Services for Degree-granting Institutions
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-405

R765-165 Concurrent Enrollment

Utah Admin. Code R765-165-1 Purpose

The purpose of this rule is to establish the rules and procedures that govern Utah System of Higher Education (USHE) institutions when providing concurrent enrollment opportunities to Utah public education students. This rule does not apply when a USHE institution is contracting concurrent opportunities with public education students in other states or with private high schools located within Utah.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-2 Authority

This rule is authorized by Sections 53E-10-301, 53E-10-302, 53G-10-309 and 53G-10-103.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-3 Definitions

(1) "Concurrent Enrollment" (CE) means college courses that Utah System of Higher Education institutions offer to public schools under a contractual agreement between the USHE institution and a Local Education Agency (LEA). Students continue to be enrolled in public schools, are counted in average daily membership, receive credit toward graduation, and concurrently receive college credit for courses. CE is distinct from early college admission.

(2) "Career and Technical Education Courses" and "CTE" mean undergraduate courses that prepare students for employment with industry-specific skills and knowledge that meet the needs of Utah's employers for technically skilled workers.

(3) "Contractual Basis" means courses and instruction offered under an annual contract between a LEA and a USHE institution. Contractual basis CE is eligible for state funding through the appropriation for CE authorized under Section 53E-10- 302.

(4) "Degree-granting Institution" means a USHE institution defined in Subsection 53H-1-102(1)(a).

(5) "Early College" means enrollment in college credit courses by high school students who are academically prepared, meet college admissions requirements, have left high school before graduation, and are no longer counted in average daily membership. CE policies and funding mechanisms do not apply to early college admission enrollment. Early college admission enrollments are reported as regular enrollments by USHE institutions.

(6) "Early College High School" means a public high school, generally affiliated with a college or university, whose academic goal is to assist accelerated students in earning college credit up to an associate degree concurrent with a high school diploma. Students are counted in the average daily membership of the high school. College credit is earned through CE and early college courses. The early college high school negotiates for and pays any applicable tuition and fees for early college courses.

(7) "Eligible Institution" means an institution as defined in Subsection 53E-10-301(4).

(8) "Instructor" means a licensed LEA K-12 educator who qualifies and is approved to teach CE courses as an adjunct or equivalent faculty within an institution's supervising department or program.

(9) "Interactive Video Conferencing" and "IVC" mean two-way, real-time transmission of audio and video signals between computer equipment at two or more locations.

(10) "Local Education Agency" and "LEA" mean a school board, public school district or public charter school.

(11) "Non-contractual Basis" means college credit courses public education students pursue on their own initiative. Such students must enter into an agreement between the student, the student's parent or guardian, the high school administrator, and the USHE institution for the student to take the course; the course is considered to be offered on a non-contractual basis. The student is responsible for all enrollment expenses. USHE institutions report non-contractual enrollments as regular enrollments. Non-contractual basis CE is not eligible for state CE funding according to Section 53E-10-302.

(12) "Qualifying Experience" means an LEA employee's experience in an academic or technical field that qualifies the LEA employee to teach a CE course in the academic field and may include the employee's;

(a) number of years teaching in the academic field;

(b) holding a higher level secondary teaching credential issued by the Utah State Board of Education (USBE);

(d) continuing professional education in the academic field;

(e) a portfolio of work related to the academic field; or

(f) professional work experience or certifications in the academic field as defined by Subsection 53E-10-301(9).

(13) "Sensitive Material" means instructional material that constitutes objective sensitive material or subjective sensitive material as defined in Subsection 53G-10-103(h)(i).

(14) "Snow College Concurrent Education Program" and "Snow CE" mean a consistent two-year schedule of CE courses that Snow College delivers through IVC. Snow CE courses create a pathway for secondary school students, particularly in rural high schools, to earn college credits that apply toward earning an Associate of Science or Associate of Arts degree, or satisfy scholarship requirements and other objectives that best meet students' needs. Snow CE includes advisory support to participating secondary school students and their high school counselors to ensure that students' CE courses align with their academic and career goals. Rule R765-165 governs the Snow CE program. Funding is appropriated under Section 53H-4-503.

(15) "Plan for College and Career Readiness" means secondary school process for academic and career planning, facilitated by school counselors with students and their parents or guardians.

(16) "Supervision of CE Instructors" means professional development opportunities institutions provide to public educators who qualify as CE instructors to prepare them to teach the CE post-secondary curriculum.

(17) "Technical College" means a USHE institution defined under Subsection 53H-1-102(1)(b) or a degree-granting institution acting in its technical education role described in Section 53H-3-608.

(18) "Technology Delivered Instruction" means course instructions provided to students by common technology such as broadcast, interactive videoconferencing, or the Internet.

(19) "Technology Intensive CE" and "TICE" mean hybrid CE courses that blend different learning activities, both in classrooms and online. TICE courses include common course assessments and, when possible, utilize open education resources. Each USHE institution may offer TICE courses.

(20) "Unique Student Identifier" and "SSID" mean an alphanumeric code assigned to each public education student for identification purposes.

(21) "Utah Board of Higher Education" and "Board" mean the governing body for the Utah System of Higher Education.

(22) "Utah System of Higher Education" and "USHE" mean the system of public colleges and universities governed by the Utah Board of Higher Education.

(23) "USHE Institution" means a degree-granting institution or a technical college within the USHE as defined in Section 53H-1-102.

(24) "Utah State Board of Education" and "USBE" mean the system of public education districts and charter schools governed by the Utah State Board of Education.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-4 Purpose of CE Program

The CE program provides course options to a prepared high school student who earns high school and college credit. The CE program is intended to allow a student to complete a high school diploma while concurrently earning credits for first or second-year coursework at a USHE Institution, which can accelerate college completion and reduce college costs. To accomplish the purpose for the CE program, the Board and the USBE shall ensure that the following is done:

(1) High Quality Opportunities - CE courses shall provide high quality, college-level academic and career and technical education opportunities to qualified high school students.

(2) Qualitative Safeguards - College instruction offered in the high school setting must maintain the rigor, quality, and outcomes of corresponding courses delivered on a USHE campus. The eligible institution granting the college credit for a given course is responsible to establish and monitor appropriate qualitative safeguards. To help ensure quality, consistent instruction, and student success, the eligible institutions should officially enroll students as CE students.

(3) Participating Institutions - USHE institutions may participate in the contractual basis CE program in compliance with controlling law and consistent with USBE rules governing the use of public education funds.

(4) Program Evaluation - The USBE and the Board shall work in close cooperation in developing, implementing, and evaluating the CE program, including monitoring participation and outcomes across both academic and career and technical education programs.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-5 Students

(1) Student Status - Students must be enrolled in, and counted in the average daily membership of, a Utah public school and have high school student status before and throughout enrollment in CE courses. Students must complete contractual basis CE courses before their high school graduation or participation in high school graduation exercises. Students who have received a diploma, whose class has graduated from high school, or who have participated in graduation exercises are not eligible to participate in the CE program.

(2) Eligibility Requirements - USHE institutions and LEAs shall jointly establish student eligibility requirements. To predict a successful experience, institutions and LEAs may consider:

(a) enrollment in grades 9, 10, 11, or 12;

(b) a grade point average, ACT score, or a placement score which predicts success, which is generally considered to be a "B" grade point average or ACT score of 22 or higher;

(d) appropriate placement assessments for courses such as mathematics and English;

(e) completion of Secondary Math I, II, and III with a "C" average or better course grade in all three classes to enroll in a CE mathematics course;

(f) completion of institutionally established prerequisites for a course; and

(g) a completed plan for college and career readiness on file.

(3) CE Participation Form and Parent Permission to Participate - Before allowing an eligible student to participate in the CE program for the academic year, an institution shall ensure the student has completed the USHE CE participation form, signed an acknowledgement of program participation requirements, and obtained a permission form signed by a parent or guardian.

(4) Identification of Eligible Students - LEAs have the primary responsibility for identifying students who are eligible to participate in the CE program.

(5) Advising - USHE institutions and LEAs shall jointly coordinate advising to prospective or current high school students who participate in the CE program. Advising shall include information on general education and career and technical education program graduation requirements at USHE institutions and on how students can choose CE courses to avoid duplication or excess credit hours. Advising shall also provide students a CE Master List of all CE courses under Subsection R765-165-6(4).

(6) Tracking Student Achievement - USHE institutions and LEAs shall jointly coordinate information technology systems to track individual students' academic achievement through both education systems in accordance with Sections 53H-1- 207 and 53E-4-308.

(a) USBE and USHE staff shall coordinate access to the SSID of a public education student who later attends a USHE institution.

(b) USHE information technology systems shall utilize the SSID of all students who have previously been assigned a unique student identifier.

(7) Advising Report - Twelve weeks after the end of each semester, participating institutions may request from the Office of the Commissioner of Higher Education a report listing each public high school student admitted to a USHE institution who was enrolled in 12 or more credit hours of CE courses per year and completed at least six of those credit hours from that institution. The report shall include:

(a) the student's name and SSID;

(b) the student's LEA;

(d) the institution where the student enrolled to take each CE course; and

(e) the number of college credits the student earned in each CE course with a designation that indicates which credits the student earned at a grade "C" or higher.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-6 Courses

(1) Choice of Courses - The courses offered through CE shall be introductory-level general education, career and technical education, and pre-major or pre-certificate college courses, or select upper division courses when approved by the Utah Board of Higher Education after consulting with the USBE. CE courses must assist students in earning post-secondary certificates or degrees. CE may only include college and career and technical education courses that correspond to high school courses typically offered in grades 11 or 12. Courses selected shall reflect the strengths and resources of the respective schools and USHE institutions. CE offerings shall be limited to courses in English, mathematics, fine arts, humanities, science, social science, world languages, and career and technical education.

(2) Career and Technical Education (CTE) Courses -- CTE CE courses are undergraduate courses that prepare students for employment with industry-specific skills and knowledge that meet the needs of Utah's employers for technically skilled workers. CTE CE courses shall correspond to a Board-approved aligned program or an approved supplemental course under Board Policy R404, Technical Education Program Alignment. CTE CE courses shall use the aligned program structure to ensure transferability and program consistency, including the use of common course numbers, names, descriptions, and objectives. An LEA shall ensure CTE CE courses taught at a high school site have the necessary equipment and facilities to deliver the curriculum at a college-level rigor.

(3) Accelerated Foreign Language Courses for the Utah Language Bridge Program -- Degree-granting USHE institutions may offer 3000 level foreign language courses to accelerated foreign language students, including dual language immersion students. Courses shall count toward a foreign language degree, minor, or certificate offered by a USHE institution.

(a) A 3000-level accelerated foreign language course shall be taught or co-taught by a qualified instructor as outlined in Subsections R765-165-10(5)(b) and (c).

(b) If a degree-granting USHE institution cannot provide a qualified instructor for a 3000-level accelerated foreign language course in the institution's service area, an LEA may initiate a partnership with another degree-granting USHE institution to provide a 3000-level accelerated foreign language course in alignment with the right of first refusal requirements in Subsection R765-165-9(3).

(4) Master List - The USBE and the Office of the Commissioner of Higher Education (OCHE) shall jointly review the Concurrent Enrollment Master List (CEML) each year to ensure compliance with relevant Board policies. Only CE courses that are compliant with Board policy requirements will be included on the CEML. The OCHE and the USBE will jointly approve courses that are added to an institution-specific CEML. Only courses taken from the CEML for a given academic year shall be considered CE courses and reimbursed from state CE funds. Students enrolled in technical college courses that are not on the CEML are not participating in the contractual CE program and are not included in the CE funding formula described in Section R765-165-11, even if they receive high school credit for those courses.

(5) Changes to CE Master List - USHE institutions, after consultation with LEAs, shall provide the USBE with proposed new course offerings, including syllabi and curriculum materials by the date established by OCHE and USBE for the annual review of the Concurrent Enrollment Master List for the school year in which courses shall be offered.

(6) Number of Courses - In general, institutions should ensure they have sufficient capacity to maintain high quality instruction, coordinated professional development for participating faculty, and transferability of credit between USHE institutions when determining the number and types of CE courses they offer.

(7) Institution Responsibility - The offering USHE institution is responsible for course content, procedures, examinations, teaching materials, and monitoring of CE courses taught at a high school. The institution shall ensure the curriculum is consistent with Utah law and of comparable rigor and quality with courses offered on the institution campus. The institution shall ensure CE curriculum standards of instruction, practices for administering and grading assessments, and the course grade rubric are the same as when the course is taught on the institution's campus. When possible, department exams should be used in the CE course. For courses that transfer as equivalent credit among USHE institutions, the institution shall ensure articulated learning outcomes are met.

(8) Learning Materials -- Under Subsection 53G-4-402(27), CE learning materials are not subject to selection by the local school board.

(9) Sensitive Material -- Under Subsection 53G-10-103(1)(h)(ii) does not include an instructional material for a CE course that contains sensitive material and for which a parent receives notice from the course provider of the material before enrollment of the parent's child and gives the parent's consent by enrolling the parent's child. A USHE institution shall provide parental notice for any courses that contain sensitive material before the student's enrollment in the CE course.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-7 Credit

(1) Permanent College Transcript - The registrations and grades of each CE course shall be recorded on permanent college transcripts. A student who registers for a CE course shall commit to having the final course grade recorded on that student's permanent college record, regardless of the results.

(2) Credit Value - College level courses taught in the high school shall carry the same credit hour value as when taught on a USHE institution campus and shall apply toward graduation from a USHE Institution on the same basis as courses taught at the USHE institution where the credits are earned.

(3) Credit Hours Permitted - Individual students shall be permitted to earn up to 30 semester hours of college credits per year through contractual CE. Credits earned in excess of 30 must be on a non-contractual basis.

(4) Institution Credit - USHE institutions shall be responsible for course registration and awarding students college credit for CE courses.

(5) Transferability - Credit earned through the CE program shall be transferable between USHE institutions. Students should be encouraged to seek advice from a college academic adviser to make course choices that will meet the student's educational goals.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-8 Tuition, Fees, and Other Charges

Regular tuition and fees may not be charged to high school students for participation in this program.

(1) Participation Fee - An eligible institution may charge course fees for students to participate in the CE program.

(2) Partial CE Tuition - Except as otherwise excepted under state law for technical colleges, an eligible institution may charge a secondary student partial tuition for each CE course for which the student receives college credit in the following amounts:

(a) a USHE institution may charge a CE student who qualifies for free or reduced school lunch partial tuition of up to $5 per credit hour;

(b) if a CE course is taught by a public school educator in a public school facility, a USHE institution may charge up to $10 per credit hour;

(c) if a CE course is taught over interactive video conferencing (IVC), a USHE institution may charge up to $15 per credit hour; and

(d) if a CE course is taught on a USHE campus, a USHE institution may charge up to $30 per credit hour.

(3) The Board shall annually report to the Legislature's Higher Education Appropriations Subcommittee on regular tuition savings to CE students, any partial CE tuition charged, and justification for the distribution of money appropriated for CE, pursuant to Section 53E-10-308.

(4) Fee Waivers - CE program costs attributable only to college credit or enrollment are not subject to fee waiver under Rule R277-407. A student's costs related to CE classes, which may include consumables, lab fees, copying, and material costs, as well as textbooks required for the course, are subject to fee waiver consistent with Rule R277-407. The LEA shall be responsible for these waivers. The contract between the USHE institution and the LEA may address the responsibility for fee waivers.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-9 Location and Delivery

CE courses shall be offered at the most appropriate location, using the most appropriate educational technology for the course content, the faculty, and the students involved. Instruction may be delivered through live classroom instruction or other accepted instructional technologies. Instruction normally occurs during the school day with students released from regular high school coursework to participate in CE.

(1) Students within Commuting Distance - Qualified students residing within commuting distance of a USHE institution may pursue their CE study on the institution's campus with approval from their LEA.

(2)(a) Designated Service Region Delivery - Each USHE institution has the responsibility for offering CE courses within its designated service region under Board Policy R315, Designation of Service Regions and Approval of Out-of-region Instructional Programs, Branch Campuses, Instructional Service Centers, and Extension Centers.

(b) If the local institution chooses not to offer a CE course within its designated service region, an LEA may request the course from another USHE institution under Subsection R765-165-9(5).

(3) Alignment with Institutional Mission and Role -- Each USHE institutional shall only offer CE courses within its mission and role as defined under Board Policy R312, Institutional Roles and Missions and Approval of Out-of-Role Instructional Programs.

(4) For CTE CE courses:

(a) if a technical college offers a CTE CE course or course content that aligns at least 80% with the CE course, the LEA shall first work with the technical college serving the designated service region, or with a degree-granting institution approved to provide technical education in that region.

(i) If a CTE CE course is part of both a CTE certificate program approved under Board Policy R404, Technical Education Program Alignment and a CTE degree program, the LEA shall first work with the technical college serving the designated service region.

(b) If the technical college does not offer the course or course content at the required 80% alignment, the LEA may work with the degree-granting institution serving the designated service region that is approved to provide such instruction.

(5) Right of First Refusal

(a) An LEA shall contact the USHE institution with responsibility for that LEA's designated service region to request a CE course offering. The local institution shall state in writing whether it will offer the requested course within 30 days of the LEA request.

(b) The LEA may contact another USHE institution to request sponsorship of the courses under Subsection R765-165- 9(5)(a) if the institution with responsibility in the designated service region:

(i) Chooses not to the CE courses proposed by the LEA. The following shall be considered a decision by the local institution not to offer the CE course:

(A) If the local institution does not have a qualified instructor within 30 days of the LEA's request or has not identified a qualified instructor annually by the date agreed upon the LEA and USHE institution;

(B) Cannot provide the course within the LEA's academic schedule such as semester versus trimester); or

(ii) Fails to respond to the LEA's request under Subsection R765-165-9(5)(a);

(iii) Reaches the eligible institution's enrolled student capacity for the CE course and prohibits an LEA with an eligible instructor from expanding the CE course to eligible students; or

(iv) If the LEA determines the institution's course includes instructional materials that are either sensitive materials as defined by Section 53G-10-103, or are otherwise prohibited by state law or USBE rule.

(c) Exception for Technology Delivered Courses - CE courses which meet the definition of "Technology Delivered Instruction" are subject to designated service region requirements. Institutions desiring to offer technology delivered CE courses outside their designated service region must receive a written endorsement from the local institution for each course they desire to offer before contracting with LEAs outside their designated service area. An annual system review of technology delivered courses shall be completed before November 30 of the year preceding the school year in which courses shall be offered to assure efficient and effective use of resources.

(d) For a student who wants to enroll in an existing CE course that is not offered online by an LEA's designated service region, the LEA shall contract with any eligible institution that offers the online CE course.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-10 CE Instructor Qualifications

(1) USHE institution faculty or public school educators teach CE courses for the offering institution.

(2) Selection of CE instructors LEAs and the participating USHE institution shall jointly select instructors for CE courses annually by the date agreed upon by the LEA and USHE institution. Selection criteria for instructors are the same as those criteria applied to other adjunct or equivalent instructional classifications within the institution's supervising departments or programs. Once approved as an adjunct, a CE instructor who teaches a CE course in 2018-19 or 2019-20 may continue to teach CE courses given curricular standards and student performance outcomes in the CE instructor's classes meet sponsoring academic department standards. Institutions shall establish a process for determining, in consultation with LEA partners, whether an eligible instructor who previously taught a CE course is no longer qualified to teach the CE course. The appropriate academic department or program at the institution must approve each CE instructor before teaching a CE class.

(3) Institutional Faculty CE Instructors - A USHE institution faculty member is an eligible CE instructor.

(4) LEA Employee Instructor Qualifications - An LEA employee is an eligible CE instructor if the LEA employee is licensed under statutory Education Professional Licensure, is supervised by an institution of higher education, and meets the following requirements:

(a) is approved as an eligible instructor by the institution of higher education that provides the CE course taught by the LEA employee as provided under Subsection R765-165-10(4);

(b) has an upper-level mathematics credential issued by the State Board of Education; or

(5) A USHE institution shall approve an LEA employee as an eligible instructor:

(a) for a career and technical education CE course, if the LEA employee has:

(i) a degree, certificate, or industry certification in the CE course's academic field; or

(ii) qualifying experience, as determined by the USHE institution.

(b) for an accelerated foreign language course, the LEA employee teaching the course individually shall have:

(i) a master's degree or higher in the course's academic field; or

(ii) a master's degree or higher in any academic field and at least 18 completed credit hours of graduate course work in an academic field that is relevant to the course; and

(iii) qualifying experience including demonstrated language proficiency of advanced-high or higher on a verbal and written exam using nationally recognized standards to assess an instructor's language proficiency or a bachelor's degree from a country of origin in the target language.

(c) for an accelerated foreign language course, the LEA employee co-teaching with a USHE institution faculty member shall have:

(i) a bachelor's degree from a country of origin in the target language; or

(ii) qualifying experience including demonstrated language proficiency of advanced-mid or higher on a verbal and written exam using nationally recognized standards to assess an instructor's language proficiency.

(d) Under Subsection R765-165-10(5)(c), an accelerated foreign language course is co-taught by an LEA employee and faculty member if:

(i) the faculty member co-teaches the course with the LEA employee in person at least one day per week at the location where the course is held unless the location where the course is held is over 60 miles away from the partnered USHE institution, then the faculty member may blend in-person and live digital connected teaching if there is an agreement between the LEA and USHE institution for a blended model;

(ii) the LEA employee and faculty member jointly provide feedback and support to students throughout the course; and

(iii) the LEA employee and faculty member hold weekly meetings to review student progress and discuss learning outcomes.

(e) USHE institutions shall implement requirements under Subsections R765-165-10(5)(b) through (d) no later than Fall 2027.

(f) for a CE course other than a career and technical education course or accelerated foreign language course, if the LEA employee has:

(i) a master's degree or higher in the CE course's academic field; or

(ii) a master's degree or higher in any academic field and at least 18 completed credit hours of graduate course work in an academic field that is relevant to the CE course; or

(iii) qualifying experience including:

(A) the number of years of teaching experience;

(B) student performance on qualifying test scores or AP exams in courses that the LEA employee teaches;

(D) other criteria established by the institution of higher education.

(6) Appeals Process for Instructor Qualification Approvals - If a designated service area USHE institution determines an LEA employee is not qualified to teach a CE course and the LEA has exhausted all administrative remedies available at the institution, the LEA may appeal the decision in writing to the Commissioner of Higher Education (Commissioner) within 15 calendar days of the institution's final decision. The Commissioner may appoint a designee to administer the appeals process in Subsection R765-165-10(6).

(a) The Commissioner will review the LEA's appeal and the institution's decision.

(i) The Commissioner may request additional documentation or information as necessary.

(b) The Commissioner shall issue the final written decision to the institution and the LEA.

(d) The Commissioner's decision, is final.

(7) Criminal Background Checks - USHE faculty who are not public school educators and who teach CE courses defined under this policy in a high school shall complete a criminal background check consistent with Title 53G, Chapter 11, Part 4, Background Checks. The faculty's institution must determine if a criminal background check is required and, if so, must complete the background check and maintain required documentation consistent with the law.

(8) Faculty Development - CE instructors shall be included as fully as possible in the academic life of the supervising academic department. USHE institutions and LEAs shall jointly initiate faculty development, including appropriate workshop experiences to adequately prepare instructors to teach CE students and course content before offering CE courses. If a USHE institution uses an instructor of record or co-teaching instructional model, the institution faculty shall fully engage and prepare the public school educator to successfully teach the curriculum before the beginning of the course. Each CE instructor must complete any faculty development required by the sponsoring academic department at the institution before teaching the CE class. USHE institution faculty shall be responsible to understand and comply with federal and state laws governing public school student privacy and student records.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-11 Funding

(1) Source of Funds - Each year that the Legislature appropriates funds for accelerated learning programs, a portion of those accelerated learning funds shall be allocated to the CE program.

(2) Eligibility to Receive Concurrent Funds - To qualify for funds, a CE program shall comply with the requirements described in Section 53E-10-302, including rules adopted in accordance with Section 53E-10-307.

(3) Allocation of Funds - Money appropriated to the USBE for CE shall first be allocated between LEAs and the Board based upon completed student credit hours taught by public school educators and taught by USHE institution faculty. "Completed" means that a student earned credit for the course. Completed credit hours for general education, CTE, pre-major college level, foreign language, or upper division courses approved by the Board are included in this allocation. CE funds may not reimburse institutions for CE courses repeated by students. In accordance with Section 53F-2-409, funds shall be allocated as follows:

(a) for courses that are taught by public school educators where the cost of instruction is borne by the LEA, 60% shall be allocated to LEAs and 40% shall be allocated to the Board; and

(b) for courses that are taught by USHE institution faculty or where the cost of instruction is borne by the USHE institution, 40% shall be allocated to LEAs; and 60% shall be allocated to the Board.

(4) Distribution of Funds among USHE Institutions - The Board shall make rules regarding the allocation of funds pertaining to USHE institutions participating in contractual basis CE. Each institution, except Snow CE, shall receive a pro-rated amount according to the number of semester credit hours completed. The Snow CE Program, which receives a separate appropriation through Section 53H-4-503 for instructional, advising, and administrative costs, shall not receive the pro-rated per credit funding as long as the separate appropriation funding is in place.

(5) Annual Reports - Annual reports shall be provided to legislative committees as follows:

(a) Higher Education Appropriations - USHE staff shall annually report to the Higher Education Appropriations Subcommittee on CE participation and growth, including data on what higher education tuition would have been charged for the hours of CE credit granted as required by Section 53E-10-308.

(b) Public Education Appropriations - USHE and USBE staff shall annually report to the Public Education Appropriations Subcommittee an accounting of the money appropriated for CE; and a justification of the split described in Subsection R765-165-11(2).

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

Utah Admin. Code R765-165-12 Annual CE Contract

Collaborating LEAs and USHE institutions shall annually sign a contract that establishes the terms, conditions, and duties for the institution to offer CE courses to the LEA's students.

(1) Annual Contract Content - The contracts shall include relevant policy for student eligibility and participation, course eligibility and delivery, and faculty eligibility and professional development. USHE and USBE staff shall review and amend the contract annually, as needed, to reflect current statute and rule.

(2) Annual Contract Deadline - Copies of each annual contract entered into between institutions and LEAs for the upcoming school year must be submitted by each institution to the USHE system office no later than May 30 annually. USHE shall convey copies of all contracts to USBE.

History

KEY: concurrent enrollment, concurrent enrollment program
Date of Last Change: May 5, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103

R765-256 Student Disciplinary Processes

Utah Admin. Code R765-256-1 Purpose

The purpose of this rule is to provide minimum standards of due process for the Utah System of Higher Education institutions' student and student organization disciplinary processes.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-2 Authority

Section 53H-7-302 authorizes this rule.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-3 Definitions

(1) "Academic dishonesty" means an act of dishonesty relating to a student's academic work or performance.

(2) "Accused student" means any student who is enrolled at any institution who has allegedly violated a policy or rule, or a relevant section of a policy or rule, that if violated may result in the student's suspension of ten calendar days or more or expulsion from the institution.

(3) "Accused student organization" means any student organization, recognized by an institution, that has allegedly violated a policy or rule, or a relevant section of a policy or rule, that if violated may result in the student organization's suspension or removal of institutional recognition of the student organization.

(4) "Evidence" means information that is inculpatory or exculpatory as the information relates to an accusation against an accused student or accused student organization, including a complaint statement, a third-party witness statement, electronically stored information, a written communication, a post to social media, or demonstrative evidence.

(5) "Full participation" means the opportunity in a student or student organization disciplinary proceeding to make opening and closing statements, examine and cross-examine a witness, introduce relevant evidence, and provide support, guidance, or advice to an accused student, accused student organization, or victim.

(6) "Institution" means an institution of higher education listed in Section 53H-1-102.

(7) "Proceeding" means an adjudicatory hearing, including an appeal, in which evidence is presented to a hearing officer or a hearing panel to determine whether a policy or rule has been violated or is required by a policy or rule, or a relevant section of a policy or rule, that if violated may result in either:

(a) a student's suspension of ten calendar days or more or expulsion from the institution; or

(b) a student organization's suspension or removal of institutional recognition of the student organization.

(8) "Student disciplinary proceeding" means a proceeding initiated by an institution to determine whether an accused student has violated a policy or rule, or a relevant section of a policy or rule, that if violated may result in a student's suspension of ten calendar days or more or expulsion from the institution, except that this does not include a proceeding that solely involves a student's academic dishonesty.

(9) "Student organization" means a club or other organization that meets during noninstructional time, is recognized by the institution at which the organization meets and has a majority of its members who are current students at the institution.

(10) "Student organization disciplinary proceeding" means a proceeding initiated by an institution to determine whether an accused student organization has violated a rule or policy, or a relevant section of a policy or rule, that if violated may result in a student organization's suspension or removal or institutional recognition of the student organization, except that this does not include a proceeding that solely involves a student's academic dishonesty.

(11) "USHE" means Utah System of Higher Education.

(12) "Victim" means an individual whose rights are allegedly infringed or who is otherwise allegedly harmed by an accused student's or an accused student organization's violation of a policy or rule, or a relevant section of a policy or rule, that if violated may result in either:

(a) the student's suspension of ten calendar days or more or expulsion from the Institution; or

(b) the student organization's suspension or removal or institutional recognition of the student organization.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-4 General Provisions for Institution Responsibilities

(1) Each institution shall:

(a) provide each student and student organization due process, as outlined in this rule;

(b) enact a policy to govern proceedings in which a student has a right to legal representation or a non-attorney advocate in accordance with this rule and state law and notify a student of their right to bring a cause of action in violation of Section 53H-7-707 to the Attorney General's Office; and

(c) train each adjudicator, hearing officer, and appellate hearing officer on relevant evidence and nonrelevant, probative evidence.

(2) The due process protections outlined in this rule do not apply to academic dishonesty allegations.

(3) In academic dishonesty matters, each institution shall establish a policy and procedure that gives each student notice of institutional action that may impact the student and an opportunity for the student to respond, in accordance with applicable law.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-5 Student Disciplinary Proceedings

(1) Each institution shall establish a policy that provides the following minimum standards of due process for each matter where a proceeding is initiated by an institution to determine whether an accused student has violated a policy or rule, or a relevant section of a policy or rule, that if violated may result in the student's suspension of ten calendar days or more or expulsion from the institution, except that this does not include a proceeding that involves a student's academic dishonesty:

(a) The institution shall provide the accused student and victim written notice of the accused student's and victim's rights under this rule that includes:

(i) the accused student is entitled to a student disciplinary proceeding to contest the charges against the accused student; and

(ii) notice that the accused student is entitled to a presumption of innocence that will remain until either:

(A) the accused student acknowledges responsibility for the alleged violation; or

(B) the institution has established every element of the alleged violation at a student disciplinary proceeding.

(b) The institution shall communicate the notice by any written means that the institution routinely uses for official communications with individual students.

(c) The institution shall establish a policy and procedure to ensure that the institution provides written notice of the accused student's or victim's rights as soon as practicable but no later than seven days before the student disciplinary proceeding that pertains to the accused student or victim, unless exigent circumstances reasonably justify proceeding without providing such notice.

(d) The institution shall ensure that the accused student and victim have access to any material evidence that is in the institution's possession, including both inculpatory and exculpatory evidence, unless the material is subject to a legal privilege, no later than one week before the day the proceeding begins.

(e) The institution may not rely upon evidence that is the accused student's or victim's personal medical record, mental health record, therapy note, or journal in a proceeding unless the accused student or victim consents to the use of the evidence in the proceeding.

(f) Any evidence presented in a proceeding under this rule is confidential and may not be used as evidence in a subsequent proceeding nor used or disclosed to a third-party for any other purpose other than for the proceeding.

(g) The institution may not prohibit an accused student or victim from having an advisor and being represented, at the student's expense, by legal representation or a non-attorney advocate at a student disciplinary proceeding that pertains to the accused student or victim.

(h) The institution shall allow the accused student's or victim's advisor to have full participation in the student disciplinary proceeding.

(i) The institution shall allow for the following minimum standards for an accused student's or victim's advisors in a student disciplinary proceeding:

(A) the giving of opening and closing statements;

(B) the examination and cross-examination of witnesses;

(D) the providing of support, guidance, or advice to an accused student or victim.

(2) The institution may adopt a policy that requires an advisor to submit questions for an opposing party to the hearing officer.

(3) Each institution may require the accused student and victim to provide advance notice that their advisor will attend the student disciplinary proceeding.

(4) The Rules of Civil Procedure and the Rules of Evidence may not apply to student disciplinary proceedings.

(5) Nothing in this rule shall be construed to provide for formal or informal discovery beyond the exchange of evidence described in this rule.

(6) Each accused student and victim may waive any rights described in this rule.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-6 Student Organization Disciplinary Proceedings

(1) Each institution shall establish a policy that provides the following minimum standards of due process for each matter where a proceeding is initiated by the institution to determine whether the accused student organization has violated a policy or rule, or a relevant section of a policy or rule, that if violated results in the accused student organization's suspension or removal of institutional recognition of the student organization, except that this does not include a proceeding that solely involves a student organization's academic dishonesty:

(a) The institution shall provide the accused student organization and victim written notice of the accused student organization's and victim's rights under this rule that includes:

(i) notice that the accused student organization is entitled to a student organization disciplinary proceeding to contest the charges against the accused student organization; and

(ii) notice that the accused student organization is entitled to a presumption of innocence that remains until either;

(A) the accused student organization acknowledges responsibility for the alleged violation; or

(B) the institution has established every element of the alleged violation at a student organization disciplinary proceeding.

(b) The institution shall establish a policy and procedure to ensure that the institution provides written notice of the accused student organization or victim's rights as soon as practicable but no later than seven days before a student organization disciplinary proceeding that pertains to the accused student organization or victim, unless exigent circumstances reasonably justify proceeding without providing notice.

(c) The institution shall ensure that an accused student organization and victim have access to all material evidence that is in the institution's possession, including both inculpatory and exculpatory evidence, unless the material is subject to a legal privilege, no later than one week before the day the proceeding begins.

(d) Any evidence presented in a proceeding under this policy is confidential and the institution may not use the evidence in a subsequent proceeding nor use or disclose it to a third-party for any other purpose other than for the proceeding.

(e) The institution may not prohibit the accused student organization or victim from having an advisor and being represented, at the accused student organization's or victim's expense, by legal representation or a non-attorney advocate at a student organization disciplinary proceeding that pertains to the accused student organization or victim.

(f) The institution shall allow the accused student organization or victim's advisor to have full participation in the student organization disciplinary proceeding.

(g) The institution shall allow for the following minimum standards for an accused student organization's or victim's advisors in a student organization disciplinary proceeding:

(i) the giving of opening and closing statements;

(ii) the examination and cross-examination of witnesses;

(iii) the introducing of relevant evidence; and

(iv) the providing of support, guidance, or advice to an accused student organization or victim.

(2) The institution may adopt a policy that requires the advisor to submit questions for an opposing party to the hearing officer.

(3) Each institution may require the accused student organization and victim to provide advance notice that their advisor will attend the student organization disciplinary proceeding.

(4) The Rules of Civil Procedure and the Rules of Evidence may not apply to student disciplinary proceedings.

(5) Nothing in this rule shall be construed to provide for formal or informal discovery beyond the exchange of evidence described in this rule.

(6) Each accused student organization and victim may waive any rights described in this rule.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-7 Conflict of Interest

(1) Each institution shall conduct a student disciplinary proceeding or student organization disciplinary proceeding in an impartial manner free from conflicts of interests.

(2) An individual may not serve as an investigator or institutional prosecutor and an advocate for an accused student, accused student organization, or victim in the same matter.

(3) Except as provided in Section R765-256-7, each institution shall prohibit an individual employed by or otherwise representing an institution from acting as an adjudicator, hearing officer, or appellate hearing officer in a student disciplinary proceeding or student organization disciplinary proceeding if the individual has also served in one of the following roles in the same matter:

(a) an advocate or counselor for an alleged victim, accused student, or accused student organization;

(b) an investigator;

(d) an advisor to a person described in Subsection 765-256-7(3)(a), (3)(b), or (3)(c).

(4) Each institution may not prohibit an accused student or victim from having an advisor and being represented, at the student's expense, by legal representation or a non-attorney advocate at a student disciplinary proceeding that pertains to the accused student or victim.

(5) If an individual employed by the institution or otherwise representing the institution serves as an investigator and an institutional prosecutor for the alleged violation of a policy or rule, the institution shall advise an accused student, accused student organization, or victim before proceeding with the investigation.

(6) Each institution shall allow the accused student, accused student organization, or victim to raise objections to issues that could potentially compromise the impartiality of the proceeding, including any potential conflicts of interest in violation of this rule.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-8 Standard of Proof and Temporary Suspension

(1) Each student and student organization is entitled to a presumption of innocence that remains until either the accused student or student organization acknowledges responsibility for the alleged violation or the institution has established every element of the alleged violation at a student disciplinary proceeding or student organization proceeding by a preponderance of the evidence.

(2) Each institution may have a process for temporarily suspending a student or student organization before the final outcome of a student or student organization disciplinary proceeding if necessary to protect the campus community or prevent serious disruption of the academic process provided that the institution is required to conduct the adjudicatory process following the temporary suspension as expeditiously as possible.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-9 Institutional Right to Proceed Absent Accused Student, Victim, or Accused Student Organization Participation

(1) Each student may decline to participate in any proceeding.

(2) Each institution may proceed with the student or student organization disciplinary proceeding in a timely fashion without the accused student, accused student organization, or victim if they decline to participate.

(3) Each institution may set reasonable deadlines and move forward with processes regardless of whether the accused student, accused student organization, victim, or their respective advisor can meet those deadlines.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-10 Duty to Act in Good Faith

(1) Each institution shall act in good faith to determine the applicability of this rule based on facts known at the time.

(2) If any institution later becomes aware of additional facts indicating this rule governs, institutions shall act in good faith to meet the requirements of this rule when those facts become known.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-11 Non-applicability to Law Enforcement Activities

This rule may not govern campus law enforcement departments or law enforcement personnel or otherwise replace or amend criminal procedures that govern law enforcement activities.

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-256-12 Incorporation of Institutions' Policies

(1) Bridgerland Technical College's:

(a) Policy 533, Title IX and Protection from Sex Discrimination and Hazing, December 8, 2025;

(b) Policy 535, Nondiscrimination, Equal Opportunity, and Free Expression, February 10, 2026;

(d) Policy 609, Student Conduct, June 23, 2025;

(e) Policy 616, Academic Progress, July 2, 2025;

(2) Utah State University's:

(a) Interim University Policy 2101, Discrimination Based on Protected Characteristics, February 27, 2026;

(b) Student Code of Conduct, Article V, University Regulations Regarding Student Conduct, April 10, 2009;

(d) Interim University Policy 2102: Title IX Sexual Misconduct in an Employment or Education Program or Activity, February 6, 2026;

(e) Interim University Policy 2103: Non-Title IX Sexual Misconduct, February 6, 2026;

(3) Weber State University's:

(a) PPM 6-22, Student Code, May 16, 2023;

(b) PPM 3-32, Discrimination, Harassment, and Sexual Misconduct (including Title IX), July 16, 2023;

(4) University of Utah's:

(a) Policy 6-400, Student Rights and Responsibilities, August 7, 2024;

(b) Policy 6-410, Student Academic Performance, Academic Conduct, and Professional and Ethical Conduct Sections III.H through N and, as they relate to professional misconduct, Sections III O through Q, August 15, 2023;

(d) University Rule R1-012B, Complaint Process Rule, February 13, 2025;

(5) Utah Valley University's:

(a) Policy 162, Title IX Sexual Harassment, October 9, 2025;

(b) Policy 165, Discrimination and Harassment, September 25, 2025;

(d) Policy 548, Academic Rights and Responsibilities of Healthcare and Counseling Clinical Program Students, March 20, 2025;

(e) Policy 613, Undergraduate Academic Standards, June 16, 2011;

(6) Snow College's Student Rights and Responsibilities, 2025-2026;

(7) Southern Utah University's Policy 11.2, Student Conduct Code, December 13, 2022;

(8) Salt Lake Community College's Code of Student Rights and Responsibilities, April 8, 2025;

(9) Davis Technical College's:

(a) Student Code of Conduct and Discipline Policy and Procedures, January 12, 2026;

(b) Student Grievance Policy and Procedures, September 25, 2025;

(10) Dixie Technical College's Student Disciplinary Rule, September 16, 2024;

(11) Mountainland Technical College's Student Grievance Policy and Procedure 600.608, March 11, 2024;

(12) Ogden-Weber Technical College's:

(a) Policy 530.4, Student Rights and Code of Conduct, December 4, 2025;

(b) Policy 530.13, Student Complaints and Grievances, October 23, 2025;

(d) Policy 520.8, Title IX Sexual Harassment, Sexual Violence, and Related Conduct Violations, October 2, 2023;

(13) Southwest Technical College's:

(a) Student Code of Conduct Policy, September 11, 2025;

(b) Grievance Policy, May 2, 2024;

(d) Title IX Policy, January 15, 2026; and

(14) Tooele Technical College's:

(a) Student Code of Conduct and Discipline Policy, January 14, 2026;

(b) Student Grievance Policy, January 14, 2026; and

History

KEY: education, student discipline
Date of Last Change: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

R765-263 Institutional Policy Review

Utah Admin. Code R765-263-1 Purpose

This rule establishes a procedure and review process whereby a student enrolled in a Utah System of Higher Education institution may petition the Utah Board of Higher Education to review a policy that directly affects the student's enumerated civil liberties, which the student believes the institution adopted without first establishing an administrative rule governing the enumerated civil liberty.

History

KEY: Civil Liberties, Utah Board of Higher Education
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-303

Utah Admin. Code R765-263-2 Authority

This rule is authorized by Section 53H-7-303.

History

KEY: Civil Liberties, Utah Board of Higher Education
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-303

Utah Admin. Code R765-263-3 Review Process

(1) Any student enrolled at a Utah System of Higher Education institution who believes the institution has adopted a policy that directly impacts one of the student's enumerated civil liberties but which is not governed by an existing administrative rule may petition the Utah Board of Higher Education for a review.

(2) To file a petition for review, the student shall send a written request that identifies the policy for which a review is requested to: review@ushe.edu. Within 30 days of receiving the complaint, the Office of the Commissioner of Higher Education, on behalf of the Utah Board of Higher Education, shall:

(a) review the petition to determine if it is made in good faith;

(b) dismiss the petition if it is made in bad faith;

(c) determine if the institution has established an administrative rule that adopts or governs the institution's policy; and

(d) if the institution lacks a governing administrative rule, direct the institution to initiate rulemaking within 60 days of the decision.

History

KEY: Civil Liberties, Utah Board of Higher Education
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-303

R765-264 Student Belief Accommodations

Utah Admin. Code R765-264-1 Purpose

This rule establishes requirements to ensure the protection of students' sincerely held religious or conscience beliefs, provides minimum requirements for Utah System of Higher Education (USHE) institution policies, and outlines the Commissioner of Higher Education's responsibilities for creating and distributing a list of religious holidays to USHE institutions.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-2 Authority

Section 53H-7-903 authorizes this rule.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-3 Definitions

(1) "Conscience" means the same as that term is defined in Section 67-27-106.

(2) "Fundamental alteration" means a change so significant in an examination or assignment that the change:

(a) alters the essential nature, objectives, or standards of a class, program, or degree; and

(b) negatively impacts the student's ability to:

(i) master essential learning outcomes of the course, program, or degree; or

(ii) acquire the knowledge, skills, or competencies necessary to pass the course, program, or degree.

(3) "Reasonably accommodate" means taking reasonable steps to modify expectations for a student's participation in an examination or other academic requirement by excusing participation, offering an alternative deadline or schedule, or offering an alternative examination or assignment.

(4) "Institution" means an institution of higher education under Subsections 53H-1-102(1)(a) through (b).

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-4 USHE Institution Policy Requirement

USHE institutions shall report policies to the Utah Board of Higher Education (Board) no later than December 1, 2026 in compliance with Section 53H-7-903 and this rule to ensure the protection of students' sincerely held religious or conscience beliefs.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-5 Institutional Policy Minimum Requirements

(1) In accordance with Section 53H-7-903 and this rule, USHE institution policies or procedures shall:

(a) For any course, reasonably accommodate a student's absence from an examination or other academic requirements for reasons of the student's religious or conscience belief or the student's participation in an organized activity conducted under the auspices of the student's religious tradition or religious organization;

(b) For a course that the institution mandates for graduation or for an academic major, reasonably accommodate a student's objection to a required examination or assignment by offering an alternative examination or assignment for reasons of the student's sincerely held religious or conscience belief if the requested accommodation does not create a fundamental alteration;

(d) Designate neutral arbiters and describe the process for the neutral evaluation of a denial of a religious or conscience belief accommodation; and

(e) Be published on the institution's website.

(2) In addition to all requirements in Section 53H-7-903, USHE institution policies or procedures shall comply with the following minimum requirements to provide parameters for a requested accommodation and guidance for protecting a student's sincerely held religious or conscience beliefs:

(a) A student shall provide written notice to the instructor of the course for which the student is seeking an accommodation that identifies the requested accommodation based on the student's sincerely held religious or conscience belief.

(b) To ensure proper record keeping, an institution may require students to complete a religious or conscience belief accommodation request form provided by the institution.

(c) To help facilitate the accommodation process, instructors are encouraged to include detailed information about course deadlines and requirements in their syllabus.

(d) A student requesting a religious or conscience belief accommodation must notify the instructor in advance. Requests should be made as early as possible, and generally, absent good cause, no later than 30 days before the accommodation is needed. The instructor may deny a student's accommodation request if sufficient notice is not provided and no good cause exists.

(e) The instructor shall respond to a student's request for an accommodation within a reasonable time based on the facts and circumstances but no later than five business days from the date of receiving the written accommodation request.

(f) The instructor will determine whether they can implement the requested accommodation without creating a fundamental alteration to the course. The instructor may explore other possible reasonable accommodations to address the student's religious or conscience belief. When more than one accommodation is feasible, the instructor may select any of the feasible accommodations, provided the accommodation will effectively eliminate the conflict with the student's sincerely held religious or conscience belief.

(g) Institutions must establish an interactive process between the student and instructor to assess whether a requested accommodation is a reasonable accommodation and can be provided or whether the accommodation creates a fundamental alteration to the course. The instructor and student are expected to participate in the interactive process.

(i) USHE institution employees engaging in the interactive process will be offered training annually on legal and policy requirements for this process.

(h) If an instructor denies the student's request for an accommodation, the instructor shall inform the student in writing and provide information about next steps in the process, the institutional policies governing religious and conscience belief accommodations, and the contact information for the designated neutral arbiter.

(i) An instructor who denies a student's accommodation shall notify a designated point of contact at the institution about the denial within a reasonable time but no longer than five business days after the denial and provide a written explanation of why the instructor denied the request.

(j) An instructor who receives a written request for an accommodation shall keep the student's request confidential unless disclosure is permitted by law.

(k) The institution shall provide a process for students to appeal an accommodation request denial to a designated neutral arbiter. The institution's designated neutral arbiter shall have the academic and subject matter expertise to review a denial of an accommodation and determine whether the requested accommodation constitutes a fundamental alteration.

(l) The neutral arbiter must issue a decision to the student and instructor within a reasonable time but no longer than within five business days after receipt of the appeal.

(m) A reasonable accommodation allowing a student to be absent from an exam or other academic requirement to accommodate the student's sincerely held religious or conscience belief may not adversely impact a student's academic opportunities.

(n) The institutional policy must prohibit retaliation against a student for requesting an accommodation based on the student's religious or conscience belief.

(o) The institutional policy shall include information about how to file a complaint if a student believes they have experienced retaliation, harassment, or discrimination based on the student's religious or conscience belief.

(p) The institution shall address any failure to comply with Section 53H-7-903 and this rule.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-6 Guidance

The Board may provide additional guidance to USHE institutions.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-7 Reporting

USHE institutions shall submit an annual report to the Board no later than December 1 of each year that details, for the previous academic year, any neutral arbiter decisions.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-8 Religious Holidays

By July 1 every year, the Utah Commissioner of Higher Education shall distribute to each institution a list of the dates of religious holidays for the subsequent two years. A student may seek, and an institution may grant, a religious accommodation for a holiday that is not on the list.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

Utah Admin. Code R765-264-9 Incorporation of Institution Policies

The following institutions have adopted policies that are incorporated by reference within this rule:

(1) Utah Valley University's Policy 153, Belief Accommodations, May 11, 2026;

(2) Uintah Basin Technical College's Policy 127, Religious Accommodations, May 20, 2026.

History

KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: September 1, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-903

R765-266 Utah System of Higher Education Disclosures

Utah Admin. Code R765-266-1 Purpose

This rule establishes procedures whereby Utah System of Higher Education institutions comply with certain disclosures required under Section 53H-3-504.

History

KEY: education, disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-504

Utah Admin. Code R765-266-2 Authority

This rule is authorized by Subsection 53H-3-504(5).

History

KEY: education, disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-504

Utah Admin. Code R765-266-3 Higher Education Disclosures

(1) Each Utah System of Higher Education institution shall publish a direct link online with the information described in Section 53H-3-504 in accordance with the requirements in Subsection 53H-3-504(2)(b).

(2) The Board maintains static reports and dashboards that are located on the Board's website to meet the requirements defined in Subsection 53H-3-504(3)(b).

(3) An institution may use other data services if they meet the requirements defined in Section 53H-3-504.

(4) To the extent possible, when collecting data in accordance with Subsection 53H-3-504(3)(a), the Board will use existing data services and partners deemed credible for purposes of this section.

History

KEY: education, disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-3-504

R765-431 State Authorization Reciprocity Agreement Rule

Utah Admin. Code R765-431-1 Purpose and Authority

The purpose of this rule is to administer a state authorization reciprocity agreement as authorized by Section 53H-1- 703.

History

KEY: State Authorization Reciprocity Agreement (SARA), NC-SARA
Date of Last Change: March 15, 2026
Notice of Continuation: March 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-703

Utah Admin. Code R765-431-2 Definitions

In addition to the definitions set forth in Subsection 53H-1-703(1), the following definitions shall apply to this rule:

(1) "OCHE" means the Office of the Commissioner of Higher Education.

(2) "NC-SARA" means the National Council for State Authorization Reciprocity Agreements.

(3) "SARA" means the State Authorization Reciprocity Agreement overseen by NC-SARA and administered by four regional higher education compacts, including WICHE.

(4) "SARA portal agency" means the single agency designated by each SARA member state to serve as the interstate point of contact for SARA questions, complaints, and other communications.

(5) "WICHE" means the Western Interstate Commission for Higher Education.

History

KEY: State Authorization Reciprocity Agreement (SARA), NC-SARA
Date of Last Change: March 15, 2026
Notice of Continuation: March 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-703

Utah Admin. Code R765-431-3 Applications for Institutional Participation in SARA

(1) An institution desiring to participate in SARA shall submit to OCHE the following:

(a) a completed Application and Approval Form for Institutional Participation in SARA that is approved by NC- SARA;

(b) payment of the fee established by OCHE for administering SARA; and

(i) evidence supporting the institution's statement that its principal campus or central administrative unit is located in Utah and that it is authorized to operate in Utah;

(ii) evidence supporting the institution's statement that it is a degree-granting institution that is accredited by an accrediting body recognized by the U.S. Secretary of Education;

(iii) evidence that the institution has disaster recovery protocols for protection of student records;

(iv) evidence showing:

(A) each student is informed, before completing the enrollment process for an online course or program, of the student consumer complaint processes available to the student; and

(B) the student complaint processes are clearly defined and can be used electronically;

(v) evidence showing that each student, before completing the enrollment process for an educational program that is designed to meet educational requirements for a specific professional licensure or certification, or is advertised as meeting such requirements, is located in a state or U.S. territory where the educational programs meets professional licensure or certification educational requirements;

(vi) if an educational program is designed to meet educational requirements for a specific professional license or certification that is required for employment in an occupation, or is advertised as meeting such requirements, a list of all states and U.S. territories where the institution has determined that the program does and does not meet such requirements;

(vii) evidence of tuition assurance funds, surety bonds, teach-out provisions, or other assurances that OCHE deems sufficient to protect students that shows that the institution is capable of fulfilling its obligation with OCHE to provide a reasonable alternative for delivering the instruction or reimbursement of reasonable compensation in the event the institution cannot fully deliver the instruction for which the students have contracted; and

(viii) for a non-public institution, evidence of the institution's financial responsibility index score from the Department of Education that is 1.5 or above, or if its score is between 1.0 and 1.5, evidence that the institution has obtained the surety required in Section R765-431-4. A non-public institution with a score below 1.0 will not be eligible to participate in SARA.

(2) Institutions desiring to continue participating in SARA after one year of the initial application shall submit to OCHE annually thereafter the following:

(a) a completed UT SARA renewal application that includes a Renewal Application for Institutional Participation in SARA that is approved by NC-SARA within 30 days of receipt of notice from NC-SARA for opportunity to renew;

(b) payment of the fee established by OCHE for administering SARA; and

(i) evidence that the institution's principal campus or central administrative unit remains located in Utah and that the institution continues to be authorized to operate in Utah;

(ii) evidence that the institution retains its accreditation by an accrediting body recognized by the U.S. Secretary of Education; and

(iii) for a non-public institution, evidence of the institution's financial responsibility index score from the Department of Education.

(3) OCHE shall return the UT SARA application to the institution no later than 30 days after receipt of the initial or renewal application if further information is required from the institution. OCHE shall notify the institution no later than 30 days before an institution's NC-SARA renewal date of its decision to approve, place on provisional, or deny, the UT SARA application.

(4) If an institution's initial or renewal application is denied, OCHE shall provide to the applicant a written reason for the denial.

(5) If any information contained in the initial or renewal application becomes incorrect or incomplete while it is in effect, the institution shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information as required by OCHE.

History

KEY: State Authorization Reciprocity Agreement (SARA), NC-SARA
Date of Last Change: March 15, 2026
Notice of Continuation: March 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-703

Utah Admin. Code R765-431-4 Surety Requirements for An Institution with a Low Financial Responsibility Composite Score

(1) An institution with a financial responsibility composite score (FRCS) from the Department of Education between 1.0 and 1.5 shall satisfy the requirement that it is sufficiently financially stable to participate in SARA by submitting with its application a surety in the form of a bond, certificate of deposit, or irrevocable letter of credit.

(2) The surety bond, certificate of deposit, or irrevocable letter of credit shall be for an amount based on the institution's gross tuition revenue, according to the following table:

TABLE

Amount of Surety Bond, Certificate of Deposit, or Irrevocable Letter of Credit

Gross Tuition Revenue

Maximum Amount

$0.00 - $50,000

$12,500

$50,000.01 - $100,000

$25,000

$100,000.01 - $200,000

$50,000

$200,000.01 - $300,000

$75,000

$300,000.01 - $400,000

$100,000

$400,000.01 - $500,000

$125,000

$500,000.01 - $1,000,000

$250,000

$1,000,000.01 - $2,000,000

$500,000

$2,000,000.01 - $5,000,000

$1,250,000

$5,000,000.01 - $10,000,000 or greater

$2,500,000

(3) The obligation of the surety shall be that the institution, its officers, agents, and employees will:

(a) faithfully perform the terms and conditions of its application to participate in SARA; and

(b) conform to the standards and requirements required for participation in SARA.

(4) The bond, certificate of deposit, or letter of credit shall be in a form approved by OCHE and issued by a company authorized to do such business in Utah.

(5) The bond, certificate of deposit, or letter of credit shall be payable to OCHE to be used to satisfy any costs, losses, or damages resulting from the institution's failure to meet any of its obligations as a participant in SARA.

(6) The surety company may not be relieved of liability on the surety unless it gives the institution and OCHE 90 calendar days' notice by certified mail of the company's intent to cancel the surety.

(7) If at any time the company that issued the surety cancels or discontinues the coverage, the institution's eligibility to participate is SARA is automatically revoked as a matter of law on the effective date of the cancellation or discontinuance of surety coverage unless a replacement surety is obtained on or before the cancellation date of the original coverage and provided to OCHE.

History

KEY: State Authorization Reciprocity Agreement (SARA), NC-SARA
Date of Last Change: March 15, 2026
Notice of Continuation: March 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-703

Utah Admin. Code R765-431-5 Revocation of Eligibility to Participate in SARA

(1) An institution's eligibility to participate in SARA may be revoked by OCHE upon its finding that:

(a) the institution's application contains material representations which are incomplete, improper, or incorrect;

(b) the institution failed to perform as represented in its applications;

(d) the institution violated any of the policies and procedures of NC-SARA;

(e) the institution failed to maintain an adequate financial responsibility composite score from the Department of Education;

(f) the institution has engaged in any dishonest or fraudulent activity; or

(g) the institution failed to comply with any laws in this state or another state that affect its ability to continue doing business in Utah.

(2) The revocation of the eligibility of an institution shall be made in accordance with the procedures set forth in Rule R765-134. A hearing is not required.

History

KEY: State Authorization Reciprocity Agreement (SARA), NC-SARA
Date of Last Change: March 15, 2026
Notice of Continuation: March 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-703

Utah Admin. Code R765-431-6 Request for Review

(1) An institution shall have the right to submit to OCHE a request for review regarding a decision to deny the institution's application or to revoke the institution's eligibility to participate in SARA.

(2) The request for review shall be postmarked within 10 days of the date of notification of the adverse decision.

(3) The requests for review shall be reviewed and decided by a review committee appointed by the Commissioner of Higher Education.

(4) When the request for review is made, the institution shall provide evidence to the review committee that the adverse decision was made in error.

(5) The decision of the review committee shall be made in accordance with the procedures set forth in Rule R765-134. A hearing is not required.

(6) The decision of the review committee shall be the final institutional action. An institution may request judicial review of the review committee's decision in accordance with Rule R765-134.

History

KEY: State Authorization Reciprocity Agreement (SARA), NC-SARA
Date of Last Change: March 15, 2026
Notice of Continuation: March 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-703

Utah Admin. Code R765-431-7 Consumer Complaints

(1) Before filing a complaint with OCHE against an institution, an individual must first work through the institution's complaint process. To file a complaint against an institution, an individual shall submit to OCHE:

(a) a completed complaint form as provided by OCHE; or

(b) a letter signed by the complainant, and include the following:

(i) any documentary evidence relating to the facts of the complaint;

(ii) evidence of the institution's resolution of the complaint; and

(iii) contact information for the complainant.

(2) OCHE may refer the complaints it receives to one or more of the following entities for resolution as it deems appropriate:

(a) the institution complained against;

(b) the SARA portal agency in the home state of a non-Utah institution complained against;

(d) the institution's accreditor.

(3) OCHE may take action, in accordance with Section R765-431-5, to revoke an institution's eligibility to participate in SARA based on a consumer complaint that is received within two years of the incident complained of.

History

KEY: State Authorization Reciprocity Agreement (SARA), NC-SARA
Date of Last Change: March 15, 2026
Notice of Continuation: March 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-703

R765-545 Prohibitions on and Disclosures of Foreign Donations to Higher Education Institutions

Utah Admin. Code R765-545-1 Purpose

This rule provides direction on required reporting of foreign gifts to Utah system of higher education institutions and a prohibition on certain funding support.

History

KEY: Utah Board of Higher Education, Foreign Donations. Disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-8-503(5)

Utah Admin. Code R765-545-2 Authority

Subsection 53H-8-503(5) authorizes this rule.

History

KEY: Utah Board of Higher Education, Foreign Donations. Disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-8-503(5)

Utah Admin. Code R765-545-3 Definition

"Gift" means the same as is defined by Subsection 53H-8-501(4) and does not include payments for contract services, or tuition or fees paid for a specific student.

History

KEY: Utah Board of Higher Education, Foreign Donations. Disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-8-503(5)

Utah Admin. Code R765-545-4 Restriction on Accepting Funds

A USHE institution may not seek or accept foreign funding support, including gifts, in violation of Subsection 53H-8- 503(6).

History

KEY: Utah Board of Higher Education, Foreign Donations. Disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-8-503(5)

Utah Admin. Code R765-545-5 Disclosure Report

(1) When required by Subsections 53H-8-503(1)(a) and (c), a USHE institution shall file a disclosure report with the Office of the Commissioner of Higher Education no later than July 31 of each year, for the recently concluded fiscal year. The report shall include all information required by Subsection 53H-8-503(2).

(2) When determining whether an entity or person is foreign, each institution shall make good faith efforts using the institution's first-hand knowledge or the best and most reliable information that is readily available to it.

History

KEY: Utah Board of Higher Education, Foreign Donations. Disclosures
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-8-503(5)

R765-571a Procurement

Utah Admin. Code R765-571a-1 Purpose

As required by Title 63G, Chapter 6a, Utah Procurement Code, this rule governs the management and control of procurements and procurement procedures conducted by the institutions in the state system of higher education.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-2 Authority

This rule is authorized by Subsections 63G-6a-103(79)(f) and 63G-6a-107.7(1)(a).

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-3 Definitions

(1) The terms used in this policy shall be defined as they are in Section 63G-6a-103.

(2) In addition, the following definition shall apply:

(a) "Institution" means an institution of higher education listed in Section 53H-1-102.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-4 Delegation of Authority

As established in Subsection 63G-6a-103(79)(f), the Utah Board of Higher Education is the body designated with rulemaking authority over procurements for institutions in the state system of higher education. The Board does not formally adopt any part of Title R33. However, each institution may adopt, in whole or in part, any rule listed in Title R33. Such adoption must be in writing. In the event of any conflict, inconsistency, or discrepancy between this rule and Title R33, this rule will govern. The Board delegates to each institution the authority to adopt and administer procurement policies and processes that conform with Title 63G, Chapter 6a, Utah Procurement Code and this rule. Each president, or designee, is given authority over procurements at their respective institution.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-5 Guiding Principles

Each institution is charged to provide efficient and timely procurement services that maximizes the institution's resources and promotes its instruction, research, extension, and professional service programs. Each institution shall establish policies that require the institution to strive to obtain the maximum value for each dollar expended, utilizing open competition and impartial evaluation of alternate products. Those policies shall also foster fair, ethical, and legal trade practices, which develop a strong vendor community and promote public trust in the institution and the system of higher education.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-6 Small Purchases

Each institution shall establish policies, and processes governing small purchases.

(1) Each institution shall establish the maximum expenditure that may qualify as a small purchase.

(2) Each institution may establish expenditure thresholds and procurement requirements related to those thresholds in relation to small purchases, including:

(a) Purchasing Cards or P-Card: Purchasing card programs establish a more efficient method of paying for low-dollar transactions. Institutions shall establish procedures that govern card issuance, card-holder training, and auditing of purchasing card transactions.

(b) Requests for Quotation or RFQ: Institutions shall seek competition when practicable. RFQs involve soliciting quotes from two or more known vendors. Each institution should establish procedures regarding the acceptance of phone, fax, and email quotes.

(d) Reimbursements.

(e) Petty Cash.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-7 Solicitations

When procuring items over an established threshold for small purchases outlined in Section R765-571a-6.1, each institution shall use a standard procurement process or an exception to the standard procurement process described in Section R765-571a-8 and comply with Title 63G, Chapter 6a, Utah Procurement Code and this rule. Each institution shall establish policies, and processes governing solicitations, including:

(1) Invitation for Bid or IFB: The Invitation for Bids is used to initiate a competitive sealed bid procurement.

(a) An IFB shall comply with the requirements of Subsection 63G-6a-603(2).

(b) IFBs must be publicly advertised as outlined in Title 63G. Chapter 6a, Utah Procurement Code.

(d) Bids shall be opened in accordance with Section 63G-6a-604.

(e) Institutions shall evaluate bids based on the requirements set forth in the IFB, including objective evaluation criteria. Criteria not included in the IFB may not be used to evaluate bids.

(f) Contracts shall be awarded with reasonable promptness by notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB.

(g) Unless otherwise established by policy, institutions shall resolve tie bids by having the president or designee toss a coin in the presence of a minimum of two witnesses with the firm first in alphabetical order being heads.

(h) Institutions may handle bids as otherwise permitted by Title 63G. Chapter 6a, Utah Procurement Code, including, rejecting bids, cancelling the IFB, and using a reverse auction process.

(2) Request for Proposal or RFP: An RFP process may be used instead of the IFB process if the procurement officer determines, in writing, that the RFP process will provide the best value to the institution.

(a) An RFP shall comply with Section 63G-6a-703.

(b) RFPs must be publicly advertised as outlined in Title 63G. Chapter 6a, Utah Procurement Code.

(d) The institution shall establish an evaluation committee of at least three individuals.

(e) The evaluation committee will rate proposals based on the criteria outlined in the RFP. Criteria not included in the RFP may not be used to evaluate proposals.

(f) The RFP process may be conducted in multiple steps, including presentations or discussions and requests for best and final proposals.

(g) Each institution shall establish policies and processes governing best and final offers in accordance with Title 63G. Chapter 6a, Utah Procurement Code and this rule.

(h) Institutions shall complete a justification statement as required by Title 63G. Chapter 6a, Utah Procurement Code.

(3) Request for Information or RFI: The purpose of an RFI is to obtain information, comments, or suggestions from potential bidders or offerors before issuing an IFB or RFP. An RFI is not a procurement process and may not be used to:

(a) solicit cost, pricing, or rate information;

(b) negotiate fees;

(d) enter into a contract.

(4) Request for Statement of Qualifications or RFSQ: An institution may use a RFSQ process to prequalify potential bidders or offerors to provide any type of procurement item and limit participation in an IFB or RFP to the prequalified potential bidders or offerors. An institution may also use a RFSQ process to create an approved vendor list. A RFSQ process is a supplemental procurement process described in Section 63G-6a-410.

(a) A RFSQ in multiple-stage procurement process shall comply with Subsection 63G-6a-410(4).

(b) A RFSQ in an approved vendor list process shall comply with Subsection 63G-6a-410(5).

(5) Approved Vendor List Procurement Process: Each institution may establish policies and processes governing approved vendor lists and award contracts using methods that comply with Title 63G. Chapter 6a, Utah Procurement Code and this rule.

(a) Award: Institutions choosing to use a vendor list may award a contract to a vendor on an approved vendor list at an established price based on a price list, rate schedule, or pricing catalog in accordance with Section 63G-6a-113.

(b) Selection of Vendors: Institutions choosing to use a vendor list shall select vendors based on a rotation system, the assignment of vendors to a specified geographic area, classifying vendors by particular expertise, qualifications or field, or some other method in accordance with a written, public, and fair process.

(c) Removal of Vendors from the Approved Vendor List: Institutions choosing to use an approved vendor list shall include a statement indicating that vendors whose performance does not meet the minimum performance rating threshold may be disqualified and removed from the approved vendor list.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-8 Exceptions to Procurement Requirements

Each institution shall establish policies, rules, and processes governing exceptions to procurement requirements that comply with Title 63G. Chapter 6a, Utah Procurement Code and this rule. Institutions may award a contract for a procurement item without using a standard procurement process under the following circumstances and in compliance with Section 63G-6a- 802:

(1) Sole Source Procurement - A standard procurement process is not required where there is only one source for a procurement item. The institution's president or designee shall determine in writing whether a procurement shall be made as a sole source. Notice of a sole source procurement must be published in accordance with Subsection 63G-6a-802(3) if the cost of the procurement item exceeds the amount established by Title 63G. Chapter 6a, Utah Procurement Code except where excluded under Section R765-571a-8.6.

(2) Transitional Cost - A standard procurement process is not required where transitional costs are a significant consideration in selecting a procurement item and the results of a cost benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive and that the awarding of a contract without engaging in a standard procurement process is in the best interest of the institution. Notice of a procurement based on transitional cost must be published in accordance with Subsection 63G-6a-802(3) if the cost of the procurement item exceeds the amount established by Title 63G. Chapter 6a, Utah Procurement Code except where excluded under Section R765-571a-8.6.

(3) Circumstances in which the Standard Procurement Process is Impractical and Not in Institution's Best Interests: Institutions may establish policies and procedures that designate circumstances under which the standard procurement process is impractical and not in the best interest of the institution. Although the president or designee may add additional criteria, the following are procurements that are deemed to make the awarding of a contract through a standard procurement process impractical or contrary to the institution's best interests:

(a) public utility services;

(b) a procurement item where the; most important consideration in obtaining the item is the compatibility of equipment, technology, software, accessories, replacement parts, or service;

(d) instructional materials or other needed items for curriculum purposes based on pedagogical need and academic freedom of instructors;

(e) membership fees, conference registrations, seminars, subscriptions to intellectual content;

(f) conference venues and associated meals and entertainment at said venues;

(g) used equipment when determined to be more practical or advantageous to the institution;

(h) placement advertising in magazines, journals, newspapers, radio, television, online, buses, billboards.;

(i) library journals, periodicals, and rare books;

(j) athletic game guarantees;

(k) guest lecturers, performers, entertainers, convocations;

(l) broadcasting rights, television programming, and associated fees;

(m) original works of art;

(n) study abroad travel expenses;

(o) travel, including commercial airfare and hotels;

(p) sub-recipients of sponsored projects contributing to the scope of work for the project;

(q) supplies or services required by the National Collegiate Athletic Association or the institution's athletic conference;

(r) institutional sponsorship of third parties;

(s) a procurement item from a specific supplier, service provider, or contractor that is a condition of a grant that will fund the cost of the supply, service, or construction item;

(t) publications of an article, manuscript, research paper in a professional journal, periodical, or other source;

(u) original equipment manufacturer parts, supplies, maintenance, and service when determined to be in the best interest of the institution; and

(v) a procurement item from a specific supplier, service provider, or contractor that is a condition of a donation or sponsorship that will fund the cost of the supply, service, or construction item. Neither state funds nor institutional funds may be added to the donation or sponsorship to make an award under this section;

(4) Trial Use - The institution may award a contract for a procurement item without competition if the requirements of Section 63G-6a-802.3 are met and the president or designee determine in writing that the procurement item is needed for trial use or testing to determine whether the procurement item will benefit the institution.

(5) Emergency Procurement - Emergency procurement is appropriate when an emergency condition exists that limits the capability of the institution to obtain competition. An emergency condition is a situation described in Subsection 63G-6a- 803(1). These procurements shall be made with as much competition as reasonably practical while:

(a) avoiding a lapse in a critical government service;

(b) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or

(6) Publication of Notice Not Required. Publication of notice under Subsection 63G-6a-802(3) is not required when the award is made under the circumstances described in Section R765-571a-8.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-9 Protests

Aggrieved bidders, offerors, or potential bidders or offerors, may protest the solicitation's specifications or award decision in accordance with Title 63G, Chapter 6a, Utah Procurement Code. The aggrieved party may appeal a protest decision in accordance with Title 63G, Chapter 6a, Utah Procurement Code. Each institution shall establish policies and processes governing protests related to procurement in accordance with Title 63G, Chapter 6a, Utah Procurement Code.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-10 Ethics

The institution's employees shall discharge their duties impartially so as to assure fair competitive access to procurements. Employees' conduct should foster public confidence in the integrity of the system of higher education.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

Utah Admin. Code R765-571a-11 Multi-Year Contracts

Multi-year contracts, including renewals, may exceed five years if the president or designee determines in writing that:

(1) a longer period is necessary to obtain the item;

(2) a longer period is customary for industry standards; or

(3) a longer period is in the best interest of the Institution. The written determination must be included in the procurement file.

History

KEY: procurement, purchasing
Date of Last Change: February 2, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6a-103(79); 63G-6a-107.7(1)(a); 63G-6a-101 through 63G-6a- 2407

R765-604 New Century Scholarship

Utah Admin. Code R765-604-1 Purpose

The purpose of this rule is to provide the rules and procedures for the administration of the New Century Scholarship which was established to encourage students to accelerate their education by earning an associate's degree in high school from an institution within the Utah System of Higher Education.

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-2 Authority

This rule is authorized by Subsections 53B-8-105(5) and 53B-8-105(9).

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-3 Definitions

(1) "Applicant" means a student who is in their last term in high school and on track to complete the high school graduation requirements of a public school established by the Utah State Board of Education and the student's school district or charter school or a private high school in the state that is accredited by a regional accrediting body approved by the Utah Board of Higher Education, or a home-school student.

(2) "Associate's Degree" means an Associate of Arts, Associate of Science, or Associate of Applied Science degree received from, or verified by, a regionally accredited institution within the Utah System of Higher Education. If the institution does not offer the above listed degrees, equivalent academic requirements will suffice under Subsection R765-604-3(5)(b).

(3) "Awards" means New Century Scholarship funds.

(4) "Board" means Utah Board of Higher Education.

(5) "Completes the requirements for an associate's degree" means that an applicant completes either of the following:

(a) each of the required courses for an associate's degree from an institution within the Utah System of Higher Education that offers associate's degrees and applies for the associate's degree from the institution; or

(b) each of the required courses for an equivalency to the associate's degree from a higher education institution within the Utah System of Higher Education that offers baccalaureate degrees but does not offer associate's degrees.

(6) "FAFSA" means the financial reporting form known as Free Application for Federal Student Aid that is administered by the U.S Department of Education to determine the need and eligibility of a college student for financial aid.

(7) "GPA" means grade point average.

(8) "High school" means a public high school established by the Utah State Board of Education or a private high school within the boundaries of Utah. If a private high school, it shall be accredited by a regional accrediting body approved by the Board.

(9) "High school graduation date" means the day on which the recipient's class graduates from high school. For home- schooled students refer to Subsection R765-604-4(2)(a).

(10) "Home-schooled" refers to a student who has not graduated from a Utah high school and received a high school GPA.

(11) "Math and science curriculum" means the rigorous math and science curriculum developed and approved by the Board which, if completed, qualifies a high school student for an award. Curriculum requirements can be found at the web site of the Utah System of Higher Education.

(12) "New Century Scholarship" means a renewable scholarship to be awarded to applicants who complete the eligibility requirements of Section R765-604-4.

(13) "Reasonable progress" means enrolling and completing at least fifteen credit hours during fall and spring semesters and earning a 3.3 grade point average or higher each semester. If applicable, applicants attending summer must enroll full-time according to their institution and or program policy regarding full-time status.

(14) "Recipient" means an applicant who receives an award under the requirements set forth in this rule.

(15) "Renewal Documents" means a college transcript demonstrating that the recipient has met the required semester grade point average and a detailed schedule providing proof of enrollment in fifteen credit hours for the semester in which the recipient is seeking award payment.

(16) "Scholarship Review Committee" means the committee to review New Century Scholarship applications and make final decisions regarding awards.

(17) "The Utah System of Higher Education" means the degree granting institutions of the Utah system of higher education named in Subsection 53B-1-102(1)(a).

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-4 Recipient Requirements

(1) Unless an exception applies, to qualify as a recipient a student shall:

(a) complete the requirements for an associate's degree or the math and science curriculum at a regionally accredited institution within the Utah System of Higher Education:

(i) with at least a 3.0 grade point average; and

(ii) by applicant's high school graduation date;

(b) complete the high school graduation requirements of a Utah high school with at least a 3.5 cumulative grade point average; and

(c) complete the FAFSA to the extent that it will benefit the student's ability to maximize financial aid opportunities, except that a student may opt out of this requirement due to:

(i) financial ineligibility for any potential grant or other financial aid;

(ii) personal privacy concerns; or

(iii) advice of the institution based on its assessment of the factors that may impact the student's ability to access maximum financial aid opportunities.

(2) For each Utah home-schooled applicant the following requirements apply:

(a) If a home-schooled applicant would have completed high school in 2011 or after, the high school graduation date under Subsection R765-604-4(1)(a)(ii) is June 15 of the year the applicant would have completed high school.

(b) A composite ACT score of 26 or higher is required in place of the high school grade point average requirement under Subsection R765-604-4(1)(b).

(3) A recipient shall enroll in and successfully complete fifteen credit hours at an eligible institution by Fall semester immediately following the student's high school graduation date or receive an approved deferral or leave of absence from the Board under Subsection R765-604-8(7).

(4) A recipient shall be a citizen of the United States or a noncitizen who is eligible to receive federal student aid.

(5) A recipient may not have a criminal record, with the exception of a misdemeanor traffic citation.

(6) A recipient shall not receive both an award and the Regents' Scholarship established in Section 53B-8-108.

(7) To assist students with the FAFSA requirement, each institution shall ensure that:

(a) each institution advisor encourages, to the extent practicable, each student to annually complete the FAFSA; and

(b) the staff and faculty who advise students on financial aid are properly trained on the benefits of completing the FAFSA.

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-5 Application Procedures

(1) A qualifying student may apply for the award through the Board.

(2) An application for an award shall contain the following:

(a) an official application which will become available on the New Century web site each November prior to the February 1 deadline;

(b) an official college transcript showing college courses, Advanced Placement and transfer work an applicant has completed to meet the requirements for the associate's degree and verification of the date the award was earned;

(d) a copy of the student's verified ACT score, if applicable.

(3) If an applicant is enrolled at an institution which does not offer an associate's degree or an institution that will not award the associate's degree until the academic on-campus residency requirement has been met, the registrar must verify that the applicant has completed the equivalent academic requirements under Subsection R765-604-4(1)(a).

(4) An applicant shall meet the following deadlines to qualify for an award:

(a) An applicant must submit a scholarship application to the Scholarship Review Committee no later than February 1 of the year of their high school graduation date or the year they would have graduated from high school.

(b) Each document that is required to support the application must be submitted on or before September 1 following the applicant's high school graduation date. In some cases, exceptions may be made as Advanced Placement and transfer work verification may be delayed at an institutional level and no fault of the applicant. A Scholarship award may be denied if all documentation is not complete and submitted by the specified deadlines. If any documentation demonstrates that the applicant did not satisfactorily fulfill all coursework and GPA requirements or if any information, including the attestation of criminal record and citizenship status, proves to be falsified, awards may be denied.

(c) A priority deadline may be established each year. An applicant who meets the priority deadline may be given first priority of consideration for awards.

(5) An application or other submission that has missing information or missing documents shall be considered incomplete, shall not be considered, and may result in failure to meet a deadline.

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-6 Awards

(1) The award is up to the amount provided by the law and determined each spring by the Board based on legislative funding and number of applicants. The total value may change in accordance with Subsection R765-604-6(2). The award shall be disbursed semester-by-semester over the shortest of the following time periods:

(a) four semesters of full-time enrollment in fifteen credit hours;

(b) sixty credit hours; or

(2) If the appropriation from the Legislature for the scholarship is insufficient to cover the costs associated with the scholarship, the Board may reduce or limit the award.

(3) An award may be used at either:

(a) a four-year institution within the Utah System of Higher Education that offers baccalaureate programs; or

(b) a private not-for-profit higher education four-year institution in the state accredited by the Northwest Association of Schools and Colleges that offers baccalaureate programs.

(4) The award may be used at more than one of the eligible institutions within the same semester for the academic year 2010-11. Starting in 2011 when the award goes to a flat rate the award may only be used at the institution from which the student is earning a baccalaureate degree.

(5) The award may be transferred to a different eligible institution upon request of the recipient.

(6) With the exception of the Regents' Scholarship referred to in Subsection R765-604-4(6), tuition waivers, financial aid, or other scholarships may not affect a recipient's total award amount.

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-7 Disbursement of Award

(1) The award shall be disbursed semester-by-semester over the shortest of the following time periods:

(a) four semesters of enrollment in fifteen credit hours;

(b) sixty credit hours; or

(2) The recipient shall submit to the Scholarship Review Committee a copy of a class schedule verifying that the recipient is enrolled in fifteen credit hours or more at an eligible institution. Documentation must include the student's name, the semester the recipient will attend, institution that they are attending and the number of credits for which the recipient is enrolled.

(3) The award shall be made payable to the institution. The institution shall pay over to the recipient any excess award funds not required for tuition payments. Award funds must be used for higher education expenses including tuition, fees, books, supplies, and equipment required for instruction.

(4) If a recipient drops credit hours after having received the award which results in enrollment below fifteen credit hours the scholarship shall be revoked under Subsection R765-604-8(1) unless the student needs fewer than fifteen credit hours for completion of a degree.

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-8 Continuing Eligibility

(1) The Board may cancel a recipient's scholarship if the student fails to:

(a) maintain a 3.3 GPA or higher for each semester for which the student has received awards; or

(b) make reasonable progress toward the completion of a baccalaureate degree, unless the recipient has received a deferral of award or leave of absence under Subsection R765-604-8(7), and submit the documentation by the deadline as described in Subsection R765-604-8(2).

(2) Each semester, the recipient must submit to the Board a copy of the recipient's grades for verification of grade point average and must have completed a minimum of fifteen credit hours each semester. A recipient may not be paid for the coming semester until the requested documentation has been received. If the recipient at any time fails to maintain a 3.3 grade point average or higher following probation or fails to enroll and complete fifteen credit hours, the scholarship may be revoked. The recipient must submit the following documents by the dates that are indicated:

(a) For a recipient attending an institution in the Utah System of Higher Education, the recipient must submit:

(i) proof of enrollment for Fall Semester and proof of completion of the previous semester must be submitted by September 30;

(ii) proof of enrollment for Spring Semester and proof of completion of the previous semester must be submitted by February 15; and

(iii) proof of enrollment for Summer Semester and proof of completion of the previous semester must be submitted by June 30.

(b) For a recipient attending Brigham Young University, the recipient must submit:

(i) proof of enrollment if the recipient is attending Brigham Young University during Winter Semester and proof of completion of the previous semester must be submitted by February 15.

(ii) proof of enrollment if the recipient is attending Brigham Young University during Spring Term and proof of completion of the previous semester must be submitted by May 30.

(iii) proof of enrollment if the recipient is attending Brigham Young University during Summer Term and proof of completion of the previous semester or term must be submitted by July 30.

(3) If a recipient earns less than a 3.3 GPA in any single semester, the recipient must earn a 3.3 GPA or better the following semester to maintain eligibility for the scholarship. If the recipient again at any time earns less than a 3.3 GPA the scholarship shall be revoked.

(4) A recipient may not be required to enroll in fifteen credit hours if the recipient can complete the degree program with fewer credits.

(5) The Board may not make an award to a recipient for an academic term that begins more than five years after the recipient's high school graduation date.

(6) An award does not guarantee that the recipient will complete a baccalaureate program within the recipient's scholarship eligibility period.

(7)(a) A recipient must apply to the Board and receive an approved deferral of award or leave of absence if the recipient will not enroll in fifteen credit hours continuously for fall and spring semesters.

(b) A deferral or leave of absence may not extend the time limits of the scholarship under Subsection R765-604-8(5).

(c) Deferrals or leaves of absence may be granted, at the discretion of the Board, for military service, humanitarian or religious service, documented medical reasons, and other exigent reasons.

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

Utah Admin. Code R765-604-9 Appeals

(1) Submission of a scholarship application does not guarantee a scholarship award. Individual scholarship applications will be reviewed, and award decisions made, at the discretion of a Scholarship Review Committee. Awards are based on available funding, applicant pool, and applicants' completion of scholarship criteria. Each applicant shall receive a letter informing the applicant of the decision on the application.

(2) Each applicant and recipient has the right to appeal an adverse decision.

(a) An appeal shall be made by mailing a completed Appeal Application found on the program web site to the Scholarship Review Committee. The Appeal Application must be postmarked no later than 30 days after the date of the letter giving notice of the adverse action.

(b) An Appeal Application submitted before the appellant receives official notification of the adverse action from the Scholarship Review Committee shall not be considered.

(c) The appeal shall provide evidence that an adverse decision was made in error, such as that in fact, the appellant met all scholarship requirements and submitted all requested documentation by the deadline.

(d) Appeals are not accepted for late document submission.

(e) The submission of an Appeal Application does not guarantee a reversal of the original decision.

(f) It is the appellant's responsibility to file the appeal, including any supplementary documentation. Each document must be mailed to the New Century Scholarship address.

(g) The Appeal Application shall be reviewed and decided by an appeals committee appointed by the commissioner of higher education.

History

KEY: higher education, secondary education, scholarships
Date of Last Change: July 15, 2021
Notice of Continuation: April 10, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-105(5)

R765-606 USHE Employee Partner Scholarship

Utah Admin. Code R765-606-1 Purpose

This rule outlines the process and application procedures for employees of a USHE institution to receive a scholarship to attend another USHE institution.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-2 Authority

This rule is authorized by Section 53H-11-414.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-3 Definitions

(1) "Board" means Utah Board of Higher Education.

(2) "Commissioner" means Commissioner of Higher Education.

(3) "OCHE" means Office of the Commissioner of Higher Education.

(4) "USHE Employee Partner Scholarship" means a scholarship award available to employees of a USHE institution or the Office of the Commissioner of Higher Education.

(5) "USHE Employee Scholarship Advisory Committee" or "Committee" means a committee comprised of representatives appointed by the Commissioner of Higher Education to provide recommendations for awarding scholarships.

(6) "USHE institution" means an institution of higher education described in Section 53H-1-102.

(7) "Fiscal Year" means the calendar year starting July 1 and ending June 30. For degree-granting USHE institutions, this includes Summer, Fall, and Spring semesters of the corresponding academic year.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-4 Scholarship Award

(1) The Commissioner, or their designee, may award a one-year USHE Employee Partner Scholarship to an individual employed at a USHE institution for up to 50% of tuition and fees if the employee:

(a) is employed at a USHE institution full-time;

(b) has been admitted to a USHE institution other than the one at which the employee is employed, and has declared intention to enroll; and

(c) intends to pursue a program of study leading to a certificate, degree or other credential related to the employee's current job duties or a related career progression.

(2) To continue to receive the scholarship award each semester, a recipient must successfully complete each course for which they received the scholarship award.

(3) Recipients may receive a scholarship award until the earlier of four years after the day on which the recipient initially receives the scholarship award, for eight semesters, or when the recipient completes an approved program, subject to the requirements of this rule.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-5 Application Procedures

(1) An eligible employee must submit a scholarship application by a deadline set by OCHE.

(2) Annually, the scholarship application shall be made available to the human resource director of each USHE institution, or the director's identified equivalent, who is responsible for notifying USHE employees at the director's institution about this program.

(3) Each applicant must receive, and include in the application, written approval of a dean, assistant vice president or equivalent, or any other employee more senior, that the applicant's educational pursuit is related to the applicant's current job duties or related career progression.

(4) Each applicant must submit the scholarship application published by OCHE.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-6 Scholarship Administration

(1)(a) The Commissioner, or their designee, shall annually determine the available funds to be applied to this program, the maximum scholarship award amount, and each applicant who may receive an award.

(b) When determining scholarship awards under this rule, the Commissioner, or their designee, shall consider recommendations submitted by the USHE Employee Scholarship Advisory Committee.

(2) A scholarship award cannot exceed 50% of tuition and fees during the fiscal year for which the award is made or for the total duration of the program in which the recipient is enrolled, whichever occurs first.

(3) OCHE shall transfer award funds to the appropriate USHE institution on behalf of each recipient.

(4) Each USHE institution shall return any unexpended funds awarded to a recipient during the fiscal year and accompanying expenditure documentation by June 30 of the corresponding fiscal year.

(5) After providing a recipient notice and an opportunity to respond, OCHE may rescind a recipient's scholarship if it determines the recipient no longer meets the requirements of Section R765-606-4.

(6)(a) A recipient must reapply for the USHE Employee Partner Scholarship annually.

(b) A recipient who received the scholarship during the previous year shall be given priority in the application and award process.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-7 USHE Employee Scholarship Advisory Committee

(1) Annually, each USHE institution president shall identify one employee for consideration to serve on the USHE Employee Scholarship Advisory Committee.

(2) Annually, the Commissioner shall appoint up to six employees from any USHE institution from nominees identified by USHE presidents to serve on the Committee.

(3) A nominee may not apply for a scholarship award for the year in which the nominee serves on the Committee.

(4) The Committee shall recommend to the Commissioner, or their designee, the proportion of scholarship awards to be awarded for any certificate or degree type offered at a USHE institution.

(5) The Committee shall use the available information to inform its recommendation, including:

(a) available funds;

(b) programs of study current applicants intend to pursue;

(d) the extent to which the current applicants will fulfill the strategic objectives of the Board by receiving an award.

(6) The Committee shall submit its recommendation to the Commissioner, or their designee, by June 30 annually.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-8 Transfers

(1) Each recipient may transfer to the same program at another eligible USHE institution and keep the scholarship if the recipient meets the requirements and eligibility under this rule.

(2)(a) Each transfer student is ultimately responsible for communication with financial aid offices at each USHE institution and OCHE well in advance.

(b) Each transfer student must maintain full-time employment status at the same institution at which the student was employed at the time of application.

(3)(a) The receiving institution is responsible to make any adjustments in a recipient's award.

(b) Higher cost of tuition and fees at the new institution is subject to available funding in this program at the time of transfer.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-606-9 Reporting

(1) As specified by OCHE, each USHE institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to applications, awards, program enrollments, utilization, funding, and other scholarship information for the most recently completed fiscal year.

(2) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, Scholarship, USHE Employee Partner Scholarship
Date of Last Change: August 12, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

R765-607 PRIME Program Grant

Utah Admin. Code R765-607-1 Purpose

This rule outlines the requirements of and application process for the PRIME Program Grant, a grant for a qualified applicant who earns a TRANSFORM certificate from the Utah State Board of Education.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-2 Authority

This rule is authorized by Section 53E-10-309.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-3 Definitions

(1) "Board" means the Utah Board of Higher Education described in Section 53H-1-203.

(2) "Eligible institution" means:

(a) a degree-granting institution of higher education or a technical college within the state system of higher education, as identified in Subsection 53H-3-102(1); or

(b) a private, nonprofit college or university in the state that is accredited by the Northwest Commission on Colleges and Universities.

(3) "Excusable neglect" means failure to take proper steps at the proper time, not in consequence of willful disregard of the scholarship application process, but in consequence of some unexpected or unavoidable circumstances.

(4) "Good cause" means the applicant's failure to meet a scholarship application process requirement was due to circumstances beyond the student's control or circumstances that are compelling and reasonable.

(5) "OCHE" means the Office of the Commissioner of Higher Education.

(6) "Opportunity Scholarship" means the scholarship program described in Rule R765-608, Opportunity Scholarship.

(7) "Scholarship staff" means staff in OCHE assigned to administer state scholarships on behalf of the Board.

(8) "Substantial compliance" means the applicant, in good faith, demonstrated clear intent to comply with the scholarship application requirements and has demonstrated likely eligibility, but failed to precisely comply with the application specifics.

(9) "USBE" means the Utah State Board of Education, as described in Title 53E, Chapter 1. Title Provisions.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-4 Private and Nonprofit College and University Eligibility

To participate in this program, a private or nonprofit college or university must enter into an agreement with OCHE.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-5 Award Requirements

(1) To qualify for the PRIME Program Grant, an applicant shall:

(a) be awarded a TRANSFORM certificate by the USBE;

(b) complete the scholarship application provided by the Board;

(d) enroll at an eligible institution full time, as defined by the institution, beginning with the fall semester after high school graduation. The institution at which the student attends shall verify the recipient has met the enrollment requirements before disbursing payment.

(e) Students who receive a reasonable accommodation related to the scholarship requirements under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act by their institution's ADA Coordinator may obtain a modification to the scholarship requirements. The institution's ADA Coordinator, or their designee, shall provide written documentation to the institutional financial aid office about the student's reasonable accommodation. Under these conditions, an award may be provided to a student who is enrolled less than full-time.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-6 Application Process

(1) An applicant shall submit an official scholarship application no later than February 1st of the year that the applicant graduates from high school. The Board may establish a priority deadline each year. An applicant who meets the priority deadline may be given first priority or consideration based on the date they completed their application. Additional criteria to prioritize awarding may be established by the Board.

(a) The application deadline for the 2023-24 academic year shall be July 1, 2023.

(2) Scholarship staff shall verify TRANSFORM certificate recipients with USBE before funds are awarded.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-7 Grant Amount

(1) The Board will award qualified applicants a one-time grant to be used at an eligible institution. The award amount shall be set annually based on available funding and the number of eligible applicants.

(2) A student may receive both the PRIME Program Grant and the Opportunity Scholarship. The PRIME Grant shall be applied first to tuition and fees before an Opportunity Scholarship may be awarded.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-8 Deferral or Leave of Absence

Awardees may obtain an approved deferral or leave of absence of up to three years after the date of their high school graduation.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-9 Appeals Process

(1) An applicant has the right to appeal an adverse decision. Upon request by the student, the scholarship staff shall provide an opportunity for the student to appeal an adverse decision to a committee of at least three impartial persons. Appeal requests must be submitted in writing within 30 days of the application notice.

(a) An appeal filed before the applicant receives official notification from scholarship staff of its decision may not be considered.

(b) If an applicant fails to file their appeal on time, scholarship staff shall notify the applicant of the late filing and give the applicant an opportunity to provide a written explanation of the reasons for failing to file the appeal by the deadline. An appeal committee may not have jurisdiction to consider the merits of an appeal that is filed beyond the deadline unless it determines the applicant established excusable neglect.

(c) The appeal committee shall review the appeal to determine if the award decision was made in error or if the applicant demonstrated substantial compliance with the scholarship application requirements but failed to meet one or more requirements for good cause.

(d) Scholarship staff and the appeal committee do not have the authority to consider, adjust, or award a TRANSFORM certificate. A request for consideration for TRANSFORM certificate eligibility should be submitted through USBE.

(e) The appeal committee decision represents the final agency action. An applicant who disagrees with the decision may seek judicial review in accordance with Section 63G-4-402.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

Utah Admin. Code R765-607-10 Reporting

(1) As specified by OCHE, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to applications, awards, program enrollments, utilization, funding, and other scholarship information for the most recently completed fiscal year.

(2) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, Grant, PRIME Program Grant
Date of Last Change: May 28, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-309

R765-608a First Credential Scholarship

Utah Admin. Code R765-608a-1 Purpose

This rule outlines the requirements of and application process for the First Credential Scholarship, a grant for qualified applicants who earn a First Credential Certificate from the Utah State Board of Education .

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-2 Authority

This rule is authorized by Section 53E-10-310.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-3 Definitions

(1) "Board" means the Utah Board of Higher Education described in Section 53H-1-203.

(2) "Eligible institution" means:

(a) a degree-granting institution of higher education or a technical college within the state system of higher education, as identified in Subsections 53H-1-102(1)(a) and (b); or

(b) a private, nonprofit college or university in the state that is accredited by the Northwest Commission on Colleges and Universities.

(3) "Excusable neglect" means failure to take proper steps at the proper time, not in result of willful disregard of the scholarship application process, but in result of some unexpected or unavoidable circumstances.

(4) "Good cause" means the applicant's failure to meet a scholarship application process requirement due to circumstances beyond the student's control or circumstances that are compelling and reasonable.

(5) "OCHE" means the Office of the Commissioner of Higher Education.

(6) "Scholarship staff" means staff in OCHE assigned to administer state scholarships on behalf of the Board.

(7) "Substantial compliance" means the applicant, in good faith, demonstrated clear intent to comply with the scholarship application requirements and has demonstrated likely eligibility, but failed to precisely comply with the application specifics.

(8) "USBE" means the Utah State Board of Education, as described in Title 53E, Chapter 1, Title Provisions.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-4 Private and Nonprofit College and University Eligibility

To participate in this program, a private or nonprofit college or university must enter into an agreement with OCHE.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-5 Award Requirements

To qualify for the First Credential Scholarship, an applicant shall:

(1) Be awarded a First Credential Certificate by the USBE;

(2) Complete the scholarship application provided by the Board;

(3) Complete the FAFSA in accordance with Board Policy R623, Free Application for Federal Student Aid; and

(4) Enroll at an eligible institution or obtain an approved deferral or leave of absence according to requirements under Section R765-608a-8. The eligible institution at which the student attends shall verify the student has met the enrollment requirements before disbursing payment.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-6 Application Process

(1) Applicants shall submit an official scholarship application no later than the deadline established by OCHE and listed on the official scholarship application of the year that they graduate from high school. Additional criteria to prioritize awarding may be established by the Board.

(2) Scholarship staff shall verify First Credential Certificate recipients with USBE before funds are awarded.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-7 Scholarship Amount

(1) The Board will award qualified applicants a one-time scholarship to be used at an eligible institution. The Board shall annually determine the First Credential Scholarship amount based on appropriations made by the Legislature and the number of eligible applicants.

(2) A student may use the First Credential Scholarship for tuition and fees; books and supplies; or other educational expenses determined by the Board.

(3) A student may earn the First Credential Scholarship in addition to any other state-sponsored scholarships for which the student may be eligible.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-8 Deferral or Leave of Absence

Awardees may obtain an approved deferral or leave of absence from an eligible institution of up to three years after the date of their high school graduation to keep use of their First Credential Scholarship.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-9 Appeals Process

(1) An applicant has the right to appeal a scholarship denial. Upon written request by the student, the scholarship staff shall provide an opportunity for the student to appeal a scholarship denial to a committee of at least three impartial persons.

(a) Each appeal request must be submitted by the student to OCHE in writing within 30 calendar days of the scholarship denial unless the student demonstrates excusable neglect.

(i) The appeal committee may not have jurisdiction to consider the merits of an appeal that is filed beyond the 30 day deadline unless the committee determines that the applicant established excusable neglect.

(b) An appeal filed before the applicant receives official notification from scholarship staff of its decision will not be considered.

(c) Any appeal submitted after 120 calendar days of the scholarship denial will not be considered and the initial scholarship denial decision is final.

(d) The appeal committee shall review the appeal to determine if the award decision was made in error and the student is eligible for an award under this rule. The appeal committee shall review whether the applicant demonstrated substantial compliance with the scholarship application requirements but failed to meet one or more requirements for good cause.

(e) The appeal committee will issue the student a written decision. The decision represents the final agency action. An applicant who disagrees with the decision may seek judicial review in accordance with Section 63G-4-402.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

Utah Admin. Code R765-608a-10 Reporting

(1) As specified by OCHE, each eligible institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to one or more of applications, awards, program enrollments, utilization, funding, and other First Credential Scholarship information for the most recently completed fiscal year.

(2) OCHE may, at any time, request additional documentation or data related to the First Credential Scholarship and may review or formally audit an eligible institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, scholarships
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53E-10-310

R765-609 Regents' Scholarship

Utah Admin. Code R765-609-1 Purpose

The Regents' Scholarship encourages students to complete a recommended high school curriculum in order to provide better access to higher education opportunities and to reward students for preparing academically for college.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609-2 Definitions

2.1 "Advanced Math" means any of the following courses: pre-calculus, calculus, statistics, AP calculus AB, AP calculus BC, AP statistics, college courses Math 1030 and higher, IB Math SL, HL, and Further Math.

2.2 "Board" means the Utah Board of Higher Education.

2.3 "College Course Work" means any instance in which college credit is earned, including concurrent enrollment, distance education, dual enrollment, or early college.

2.4 "Eligible Institutions" means institutions of higher education listed in subsection 53B-2-101(1), or a private, nonprofit college or university in the state that is accredited by the Northwest Commission on Colleges and Universities.

2.5 "Excusable Neglect" means a failure to take proper steps at the proper time, not in consequence of carelessness, inattention, or willful disregard of the scholarship application process, but in consequence of some unexpected or unavoidable hindrance or accident.

2.6 "Good Cause" means the student's failure to meet a scholarship application process requirement was due to circumstances beyond the student's control or circumstances that are compelling and reasonable.

2.7 "High School" means a public school established by the Utah State Board of Education or private high school within the boundaries of the state. If a private high school, it shall be accredited by a regional accrediting body approved by the board.

2.8 "Scholarship Appeals Committee" means the committee designated by the Commissioner of Higher Education to review appeals of Regents' Scholarship award decisions and take final agency action regarding awards.

2.9 "Scholarship Award" means a scholarship awarded to all applicants who meet the eligibility requirements of rule R609-4.

2.10 "Scholarship Staff" means the employees assigned to review Regents' Scholarship applications and make initial decisions awarding the scholarships and deferments.

2.11 "Substantial Compliance" means the applicant, in good faith, demonstrated clear intent to comply with the scholarship application requirements and has demonstrated likely eligibility, but failed to precisely comply with the application specifics.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609-3 Award Requirements

3.1 To qualify for the Regents' Scholarship, the applicant shall satisfy the following criteria:

3.1.1 Graduate from a Utah high school with a minimum, non-weighted GPA of 3.3;

3.1.2 Complete four credits of English;

3.1.3 Complete four credits of math, including one course of advanced math;

3.1.4 Complete three credits of lab-based biology, chemistry and physics;

3.1.5 Complete two credits of world languages;

3.1.6 Complete three credits of social science;

3.1.7 Complete the ACT with a minimum score of 22 unless exempted under Subsection R765-609-4(4.2.4.1).

3.1.8 Complete and submit the Free Application for Federal Student Aid (FAFSA).

3.2 A student may satisfy a course requirement through a competency-based assessment provided it is documented for credit on an official transcript.

3.3 The courses completed shall be unique except when repeated for a higher grade.

3.4 Repeated course work may not count toward accumulation of required credits.

3.5 College Course Work: College course work shall only be evaluated if the applicant submits an official college transcript. If an applicant enrolls in and completes a college course worth three or more college credits, this shall be counted as one high school credit toward the scholarship requirements.

3.6 Mandatory Enrollment: An award recipient attending a credit-granting eligible institution shall enroll beginning with the fall semester after high school graduation. An award recipient attending a non-credit granting institution must enroll full time in a program eligible for federal aid by September 1 after high school graduation.

3.6.1 Scholarship recipients must elect whether to use the award funds at credit granting institutions or non-credit granting institutions. The decision is irrevocable; recipients may not transfer awards between non-credit granting and credit granting institutions.

3.7 A recipient may not receive both a Regents' Scholarship and the New Century Scholarship established in Section 53B-8-105.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609-4 Application Procedures

4.1 Application Deadline: An applicant shall submit an official scholarship application no later than February 1 of the year that the applicant graduates from high school. The Board may establish a priority deadline each year. An applicant who meets the priority deadline may be given first priority or consideration for the scholarship. Subject to funding, each student may be considered based on the date the student completed and submitted their application.

4.2 Required Documentation: Each applicant shall submit the following documents:

4.2.1 The online Regents' Scholarship application;

4.2.2 An official high school paper or electronic transcript, each official college transcripts when applicable, and any other miscellaneous official transcript demonstrating all completed courses and GPA;

4.2.3 If a student completed coursework at an educational institution outside of the district from which the student graduated, an official transcript from the school at which the student completed the coursework if the courses completed and grades earned are not reflected in the official high school transcript.

4.2.4 Verified ACT scores unless exempted under Subsection (4.2.4.1).

4.2.4.1 Students who are applying for the 2021 cohort are not required to provide an ACT score.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609-5 Award Amounts and Renewals

5.1 Funding Constraints of Awards: The Board shall determine award amounts, depending on the annual legislative appropriation, whether the institution is a credit granting or non-credit granting institution, and the number of qualified applicants. An eligible private nonprofit college or university in the state that is accredited by the Northwest Commission on Colleges and Universities may not award a Regents' scholarship to an eligible student in an amount that exceeds the average total cost of tuition and fees among USHE institutions.

5.2 Scholarship Award: Students who meet the eligibility criteria and enroll at a credit granting institution shall receive a four-semester scholarship award, the maximum amount shall be determined annually by the Board. Students who enroll in a non-credit granting institution will receive a one-time scholarship award, the amount of which shall be determined annually by the Board, which the institution may disburse over the course of a recipient's enrollment within this policy's limits and requirements.

5.3 Ongoing Eligibility: If a student receives an award disbursement, the recipient must enroll at a credit granting institution, maintain a 3.0 GPA and complete a minimum of 12 credit hours per academic semester to remain eligible for future disbursements. Students who earn less than a 3.0 semester GPA will be placed on probation. If the recipient again at any time earns less than a 3.0 GPA, the scholarship may be revoked. Institutions shall verify the recipient has met these requirements. Recipients who do not maintain eligibility shall forfeit the remaining award amount.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609C-6 Time Constraints and Deferrals

6.1 Time Limitation: Scholarship funds are only available to a recipient for five years after the recipient's high school graduation date.

6.2 Upon the first day a recipient begins courses using the scholarship funds at a non-credit granting institution, the recipient must use the award in its entirety within two years, unless extended under Subsection (6.3). This time limit does not extent the five-year award availability under Subsection (6.1).

6.3 Deferral or Leave of Absence: Recipients who will not enroll continuously for Fall and Spring/Winter at an eligible institution shall apply for a deferral or leave of absence with their institution.

6.3.1 Deferrals may be granted, at the discretion of the scholarship review committee. Leaves of absence may be granted, at the discretion of the institution. Deferrals and leaves of absence may be granted for military service, humanitarian or religious service, documented medical reasons, and other exigent reasons.

6.3.2 An approved deferral or leave of absence will not extend the time limits of the scholarship. The scholarship may only be used for academic terms that begin within five years after the recipient's high school graduation date.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609-7 Transfers

Recipients may transfer to another eligible institution and retain the scholarship award. Recipients are responsible to inform the Office of the Commissioner of their intent to transfer. The Office of the Commissioner shall coordinate the transfer of scholarship funds and information.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609-8 Scholarship Determinations and Appeals

8.1 Scholarship Determinations: Submission of a scholarship application does not guarantee a scholarship award. The Scholarship Staff shall review each individual scholarship application and determine eligibility. Awards are based on available funding, applicant pool, and the applicant's completion of scholarship criteria by the specified deadline.

8.2 Appeals: An applicant has the right to appeal the Scholarship Staff's adverse decision by filing an appeal with the Scholarship Appeals Committee subject to the following conditions:

8.2.1 Applicants may submit a written appeal through either the U.S. Mail or online by using the form provided by the Office of the Commissioner of Higher Education. Appeals must be postmarked, if mailed, or submitted online within 30 days of the date on which the scholarship notification was issued.

8.2.2 In the appeal, the applicant must provide their full name, mailing address, the high school they last attended, a statement of the reason for the appeal, and all information or evidence that supports the appeal. The failure of an applicant to provide the information in this subsection may not preclude the acceptance of an appeal.

8.2.3 An appeal filed before the applicant receives official notification from the Scholarship Staff of its decision may not be considered.

8.2.4 If an applicant failed to file their appeal on time, the Scholarship Appeals Committee shall notify the applicant of the late filing and give them an opportunity to explain the reasons for failing to file the appeal by the deadline. The Scholarship

Appeals Committee may not have jurisdiction to consider the merits of an appeal that is filed beyond the deadline unless it determines the applicant established excusable neglect.

8.2.5 The Scholarship Appeals Committee shall review the appeal to determine if the award decision was made in error, or if the applicant demonstrated substantial compliance with the scholarship application requirements but failed to meet one or more requirements for good cause.

8.2.6 If the Scholarship Appeals Committee determines the applicant has shown by a preponderance of the evidence that the initial decision was made in error, it shall either reverse the initial decision or remand it back to the Scholarship Staff for further review in accordance with the Appeals Committee's instructions.

8.2.7 If the Scholarship Appeals Committee determines the applicant has shown by a preponderance of the evidence that they demonstrated substantial compliance with the application process requirements and good cause for failing to meet one or more of the requirements, the Appeals Committee shall grant the applicant a reasonable period to complete the remaining requirements and to resubmit the completed application to the Scholarship Staff for a redetermination. In such a case, the applicant shall have the right to appeal an adverse decision according to this rule.

8.2.8 The Scholarship Appeals Committee's decision shall be in writing and contain its findings of facts, reasoning and conclusions of law and notice of the right to judicial review.

8.2.9 The Scholarship Appeals Committee's decision represents the final agency action. An applicant who disagrees with the Scholarship Appeals Committee's decision may seek judicial review in accordance with Section 63G-4-402.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

Utah Admin. Code R765-609-9 Reporting

9.1 As directed by the Commissioner's staff, eligible institutions shall report to the board the following:

9.1.1 The names of each student awarded Regents' Scholarship funds;

9.1.2 Enrollment information such as the current GPA, the number of credits completed, and deferment or leave of absence information; and

9.1.3 Other information deemed necessary to evaluate eligibility or the effectiveness of the program.

9.2 The Board may, at any time, request additional documentation or data related to the Regents Scholarship and may review or formally audit an eligible institution's compliance with this policy.

History

KEY: higher education, scholarships, secondary education
Date of Last Change: July 21, 2025
Notice of Continuation: April 10, 2025
Authorizing, and Implemented or Interpreted Law: 53B-8-108

R765-609C Regents Scholarship

Utah Admin. Code R765-609C-1 Purpose

The Regents' Scholarship encourages students to complete the Regents' Recommended High School Curriculum, in order to provide better access to higher education opportunities and to reward students for preparing academically for college.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-2 Authority

This rule is authorized by Subsection 53B-8-202(8).

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-3 Definitions

(1) "Advanced math" means any of the following courses:

(a) pre-calculus;

(b) calculus;

(d) AP calculus AB;

(e) AP calculus BC;

(f) AP statistics;

(g) college courses Math 1030 and higher; and

(h) IB Math SL, HL, and further math.

(2) "Board" means the Utah Board of Higher Education.

(3) "College course work" means any instance in which college credit is earned, including but not limited to, concurrent enrollment, distance education, dual enrollment, or early college.

(4) "Eligible institutions" means institutions of higher education listed in Section 53B-2-101(1).

(5) "Excusable neglect" means a failure to take proper steps at the proper time, not in consequence of carelessness, inattention, or willful disregard of the scholarship application process, but in consequence of some unexpected or unavoidable hindrance or accident.

(6) "Good cause" means the student's failure to meet a scholarship application process requirement was due to circumstances beyond the student's control or circumstances that are compelling and reasonable.

(7) "High school" means a public school established by the Utah State Board of Education or private high school within the boundaries of the state. If a private high school, it shall be accredited by a regional accrediting body approved by the board.

(8) "Scholarship appeals committee" means the committee designated by the Commissioner of Higher Education to review appeals of Regents' Scholarship award decisions and take final agency action regarding awards.

(9) "Scholarship award" means a scholarship awarded to all applicants who meet the eligibility requirements of Rule R609-4.

(10) "Scholarship staff" means the employees assigned to review Regents' Scholarship applications and make initial decisions awarding the scholarships.

(11) "Substantial compliance" means the applicant, in good faith, demonstrated clear intent to comply with the scholarship application requirements and has demonstrated likely eligibility, but failed to precisely comply with the application specifics.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-4 Award Requirements

(1) To qualify for the Regents' Scholarship, the applicant shall satisfy the following criteria:

(a) graduate from a Utah high school with a minimum, non-weighted GPA of 3.3;

(b) complete four credits of English;

(d) complete three credits of lab-based biology, chemistry and physics;

(e) complete two credits of world languages;

(f) complete three credits of social science;

(g) complete the ACT with a minimum score of 22; and

(h) complete the Free Application for Federal Student Aid (FAFSA).

(2) A student may satisfy a course requirement through a competency-based assessment provided it is documented for credit on an official transcript.

(3) The courses completed shall be unique except when repeated for a higher grade.

(4) Repeated course work may not count toward accumulation of required credits.

(5) College course work shall only be evaluated if the applicant submits an official college transcript. If an applicant enrolls in and completes a college course worth three or more college credits, this shall be counted as one high school credit toward the scholarship requirements.

(6) An award recipient attending a credit-granting eligible institution shall enroll in a minimum of 12 credit hours per academic semester, beginning with the fall semester after high school graduation. An award recipient attending a non-credit granting institution must enroll full time in a program eligible for federal aid by September 1 after high school graduation. The institution at which the student attends shall verify the recipient has met the enrollment requirement.

(7) A recipient may not receive both a Regents' Scholarship and the New Century Scholarship established in Title 53B, Part 8, Section 105.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-5 Application Procedures

(1) An applicant shall submit an official scholarship application no later than February 1 of the year that the applicant graduates from high school. The board may establish a priority deadline each year. An applicant who meets the priority deadline may be given first priority or consideration for the scholarship. Subject to funding, each student may be considered based on the date the student completed and submitted an application.

(2) Each applicant shall submit the following documents:

(a) the online Regents' Scholarship application;

(b) an official high school paper or electronic transcript, each official college transcripts when applicable, and any other miscellaneous official transcript demonstrating all completed courses and GPA;

(c) if a student completed coursework at an educational institution outside of the district from which the student graduated, an official transcript from the school at which the student completed the coursework if the courses completed and grades earned are not reflected in the official high school transcript; and

(d) verified ACT scores.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-6 Award Amounts and Renewals

(1) The board shall determine award amounts, depending on the annual legislative appropriation, whether the institution is a credit granting or non-credit granting institution, and the number of qualified applicants.

(2) Each student who meets the eligibility criteria and enrolls at a credit granting institution shall receive a four-semester scholarship award, the amount of which shall be determined annually by the board. A student who enrolls in a non-credit granting institution shall receive a one-time scholarship award, the amount of which shall be determined annually by the board, which the institution may disburse over the course of a recipient's enrollment within this policy's limits and requirements.

(3) A scholarship recipient who enrolls at a credit granting institution must maintain a 3.0 GPA and complete a minimum of 12 credit hours per academic semester to remain eligible for the award. A student who earns less than a 3.0 semester GPA shall be placed on probation. If the recipient again at any time earns less than a 3.0 GPA, the scholarship may be revoked. Each institutions shall verify the recipient has met these requirements. Any recipient who does not maintain eligibility shall forfeit the remaining award amount.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-7 Time Constraints and Deferrals

(1) Scholarship funds are only available to a recipient for five years after the recipient's high school graduation date.

(2) Upon the first day a recipient begins courses using the scholarship funds at a non-credit granting institution, the recipient must use the award in its entirety within two years, unless extended under Subsection (3). This time limit does not extent the five-year award availability under Subsection (1).

(3) A recipient who will not enroll as a student shall apply for a deferral or leave of absence with their institution. A deferral or leave of absence may be granted, at the discretion of the institution, for military service, humanitarian or religious service, documented medical reasons, and other exigent reasons. An approved deferral or leave of absence may not extend the time limits of the scholarship. The scholarship may only be used for academic terms that begin within five years after the recipient's high school graduation date.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-8 Transfers

(1) A recipient who elects to attend a credit granting institution may transfer to another credit granting institution and retain the scholarship award. Each recipient shall inform the Office of the Commissioner of the recipient's intent to transfer. The Office of the Commissioner shall coordinate the transfer of scholarship funds and information.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-9 Scholarship Determinations and Appeals

(1) Submission of a scholarship application does not guarantee a scholarship award. The scholarship staff shall review each individual scholarship application and determine eligibility. Each award shall be based on available funding, applicant pool, and the applicant's completion of scholarship criteria by the specified deadline.

(2) An applicant has the right to appeal the scholarship staff's adverse decision by filing an appeal with the scholarship appeals committee subject to the following conditions:

(a) An applicant may submit a written appeal through either the U.S. Mail or the applicant's Regents Scholarship Student Account. Each appeal must be postmarked, if mailed, or submitted online within 30 days of the date on which the scholarship notification was issued.

(b) In the appeal, the applicant must provide the applicant's full name, mailing address, the high school the applicant last attended, a statement of the reason for the appeal, and all information or evidence that supports the appeal. The failure of an applicant to provide the information in this subsection may not preclude the acceptance of an appeal.

(c) An appeal filed before the applicant receives official notification from the scholarship staff of its decision may not be considered.

(d) If an applicant failed to file an appeal on time, the scholarship appeals committee shall notify the applicant of the late filing and give the applicant an opportunity to explain the reasons for failing to file the appeal by the deadline. The scholarship appeals committee may not have jurisdiction to consider the merits of an appeal that is filed beyond the deadline unless it determines the applicant established excusable neglect.

(e) The scholarship appeals committee shall review the appeal to determine if the award decision was made in error, or if the applicant demonstrated substantial compliance with the scholarship application requirements but failed to meet one or more requirements for good cause.

(f) If the scholarship appeals committee determines the applicant has shown by a preponderance of the evidence that the initial decision was made in error, it shall either reverse the initial decision or remand it back to the scholarship staff for further review in accordance with the scholarship appeals committee's instructions.

(g) If the scholarship appeals committee determines the applicant has shown by a preponderance of the evidence that applicant demonstrated substantial compliance with the application process requirements and good cause for failing to meet one or more of the requirements, the scholarship appeals committee shall grant the applicant a reasonable period of time to complete the remaining requirements and to resubmit the completed application to the scholarship staff for a redetermination. In such a case, the applicant shall have the right to appeal an adverse decision according to this rule.

(h) The scholarship appeals committee's decision shall be in writing and contain its findings of facts, reasoning and conclusions of law and notice of the right to judicial review.

(i) The scholarship appeals committee's decision represents the final agency action. An applicant who disagrees with the scholarship appeals committee's decision may seek judicial review in accordance with Section 63G-4-402.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

Utah Admin. Code R765-609C-10 Reporting

(1) As directed by the Commissioner's staff, each eligible institution shall report to the board the following:

(a) the name of each student awarded Regents' Scholarship funds;

(b) enrollment information such as the current GPA, the number of credits completed, and deferment or leave of absence information; and

(2) The board may, at any time, request additional documentation or data related to the Regents Scholarship and may review or formally audit an eligible institution's compliance with this policy.

History

KEY: higher education, scholarship
Date of Last Change: November 26, 2021
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53B-8-202(8)

R765-611 Veterans Tuition Gap Program

Utah Admin. Code R765-611-1 Purpose

The purpose of this rule is to provide the rules and procedures for implementing Section 53H-11-413, Establishment of the Veterans Tuition Gap Program.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-2 Authority

Subsection 53H-11-413(4)(c)(ii) authorizes this rule.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-3 Definitions

(1) "Board" means the Utah Board of Higher Education.

(2) "Education-related supplies" means necessary supplies to complete required courses.

(3) "Eligible housing allowance" means the amount established by each institution for housing.

(4) "Eligible Institution of Higher Education" or "Eligible Institution" means an institution of higher education listed in Subsection 53H-1-102(1) or a private postsecondary educational institution.

(5) "FAFSA" means the financial reporting form known as Free Application for Federal Student Aid that is administered by the U.S. Department of Education to determine the need and eligibility of a higher education student for financial aid.

(6) "OCHE" means the Office of the Commissioner of Higher Education.

(7) "VeT Gap" means Veterans Tuition Gap Program established under Section 53H-11-413.

(8) "Domicile" means, for purposes of determining eligibility for a VeT Gap award, a student's: (1) bodily presence; (2) fixed permanent home and principal establishment to which if absent, the student intends to return; and (3) concurrent intent to voluntarily reside permanently in that location, not for a special or temporary reason.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-4 Program Description and Length of Award Year

(1) VeT Gap may cover tuition, fees, books, education-related supplies, and a housing allowance at an eligible institution for veterans who are attending institutions of higher education in Utah and whose benefits under the federal program have been exhausted or are not available.

(2) VeT Gap shall be available only to higher education institutions that grant bachelor's degrees.

(3) The Commissioner of Higher Education (Commissioner) shall determine the maximum amount for education- related supplies each year.

(4) Based on available program funds, the Commissioner may establish a fixed cap for the housing allowance or a percentage of the equivalent housing allowance amount allowed under the GI Bill.

(5) The award year for VeT Gap shall be the twelve-month period coinciding with the state fiscal year beginning July 1 and ending June 30.

(6) An eligible student may receive a VeT Gap grant until:

(a) the eligible student completes the requirements for a bachelor's degree; or

(b) the eligible student receives an initial program grant for the maximum award amount set by the board.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-5 Availability of Program Funds

(1) Funds available for VeT Gap allocations to eligible institutions may come from specifically earmarked state appropriations, or from other sources such as private contributions.

(2) To participate in VeT Gap, each eligible institution shall demonstrate its intention to continue participating in VeT Gap by submitting annually, by March 1 st , to the program administrator a certification, subject to audit, of the total number of veterans who were resident students of the state under Section 53H-11-202 and Board Policy R512 who have graduated from the institution with a bachelor's degree in the most recently completed academic year.

(3) An eligible institution's failure to submit the certification required in Subsection (2) by the requested date shall constitute an automatic decision by the eligible institution to not participate in the program for the next fiscal year.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-6 Allocation of Program Funds to Eligible Institutions

(1) The Board shall annually allocate money appropriated for the program to eligible institutions based on the proportion of each institution's students who:

(a) are Utah residents, as defined under Section 53H-11-202 and Board Policy R512, or exempt from paying the nonresident portion of total tuition under Section 53H-11-203;

(b) are Veterans, as defined in Subsection 68-3-12.5(42)(a) and Board Policy R512; and

(2) The Board may annually distribute a minimum allocation, to be set by OCHE scholarship staff, to participating institutions that do not have enough eligible graduates to receive a meaningful allocation.

(3) The program administrator shall send official notification of each participating eligible institution's allocation to the institution's director of financial aid each fiscal year.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-7 Student Eligibility to Participate

(1) To be eligible for assistance from VeT Gap funds, each student shall:

(a) qualify for resident student status under Section 53H-11-202 and Board Policy R512, be exempt from paying the nonresident portion of total tuition under Section 53H-11-203 and be domiciled in Utah;

(b) be a veteran as defined by Section 68-3-12.5(42)(a) and Board Policy R512;

(c) be unconditionally admitted and currently enrolled in an eligible program leading to a bachelor's degree at an eligible institution;

(d) maintain satisfactory academic progress, as defined by the institution, toward the degree in which the student is enrolled;

(e) have exhausted the federal benefit under any veterans' educational assistance program or such benefits are unavailable;

(f) have not completed a bachelor's degree;

(g) be in the final year of the student's academic bachelor's program; and

(h) have completed the FAFSA as required by Board Policy R623.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-8 Institutional Participation Agreement

Each participating eligible institution shall enter into an institutional participation agreement with the program administrator or assigned designee and agree to abide by the program rules, accept and disburse funds per program rules, and keep documentation for the program to support the awards and actions taken.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-9 Use of Program Funds Received by an Eligible Institution

(1) An eligible institution may at its discretion place up to, but in no case more than, 3.0% of the total amount of program funds allocated to it for the award year in a budget for student financial aid administrative expenses of the institution.

(2) If an eligible institution determines that it cannot use any portion of its VeT Gap allocation in an award year, the institution shall return that portion of its allocation to the program administrator and the program administrator may redistribute the returned funds to other eligible institutions that it determines have unmet needs for that same award year.

(3) An eligible institution may not carry forward or carry back from one fiscal year to another any of its VeT Gap allocation for a fiscal year.

(4) OCHE may redistribute forfeited funds to other eligible institutions mid-year or as regular VeT Gap allocations the next award year.

(5) An eligible institution may establish processes to determine the distribution of funds to students so long as it does so in accordance with the provisions established in this rule.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-10 Determination of Awards to Eligible Students

(1) Each eligible institution shall establish student cost of attendance budgets, in accordance with federal regulations applicable to student aid programs under Title IV of the Higher Education Act as amended, for specific student categories authorized in the federal regulations, and providing for the total of costs payable to the institution plus other direct educational expenses, transportation and living expenses.

(2) An eligible institution may not award VeT Gap funds to an eligible student in excess of the total amount of the student's tuition, fees, books, education-related supplies, and a housing allowance at an eligible institution for that academic year.

(3) Each eligible institution shall:

(a) award and package VeT Gap funds on an annual award year basis unless the remaining period of enrollment until completion of the academic program is less than one award year;

(b) pay VeT Gap funds one quarter or semester at a time or in thirds, if applicable to some other enrollment basis such as total months or total clock hours, contingent upon the student's maintaining satisfactory progress as defined by the institution in published policies or rules; and

(4) An eligible institution may not initially award program funds in amounts which, with Federal Direct, Federal Direct PLUS or Perkins Loans or other financial aid from any source, both need and merit-based, and with family and individual contributions, exceed the cost of attendance for the student at the eligible institution for the award year.

(5) If, after the eligible student's financial aid has been packaged and awarded, the student later receives other financial assistance, such as, for example, merit or program-based scholarship aid or the student's cost of attendance budget changes, resulting in a later over-award of more than $500, the eligible institution shall appropriately reduce the amount of financial aid disbursed to the student so that the total does not exceed the cost of attendance.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-11 Records, Retention and Cooperation in Programs Reviews

(1) Each eligible institution shall:

(a) cooperate with OCHE in providing records and information requested for any scheduled audits or program reviews; and

(b) maintain records substantiating its compliance with all terms of the institutional participation agreement for three years after the end of the award year, or until completion of a program review and any exceptions raised in the review have been resolved, whichever occurs first.

(2) If at the end of the three-year retention period, an audit or program review exception is pending resolution, the institution shall keep records for the award year involved until the institution has resolved the exception.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

Utah Admin. Code R765-611-12 Reporting

(2) For each institution that does not participate in the annual institutional financial aid file submission, data shall be submitted directly to OCHE no later than June 30 each year.

(3) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with the rule.

History

KEY: financial aid, higher education, veterans benefits
Date of Last Change: March 23, 2026
Notice of Continuation: April 21, 2025
Authorizing, and Implemented or Interpreted Law: 53H-11-413(4); 53H-11-202; 53H-11-203; Pub. L. No. 110-252

R765-612 Opportunity Scholarship

Utah Admin. Code R765-612-1 Purpose

This rule outlines award requirements, application procedures, and other information for the Opportunity Scholarship.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-2 Authority

Section 53H-11-402 authorizes this rule.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-3 Definitions

(1) "Advanced course" means a course offered via concurrent enrollment or CE, advanced placement or AP, or international baccalaureate or IB, and identified by the Utah State Board of Education as earning core credit in the required subject area.

(2) "Board" means the Utah Board of Higher Education.

(3) "Eligible institution" means a degree-granting institution of higher education listed in Subsection 53H-1-102(a), or a private, nonprofit institution of higher education in Utah.

(4) "Excusable neglect" means a failure to take proper steps at the proper time, not as a result of willful disregard of the scholarship application process, but as a result of some unexpected or unavoidable circumstances.

(5) "Good cause" means the applicant's failure to meet a scholarship application process requirement was due to circumstances beyond the student's control or circumstances that are compelling and reasonable.

(6) "High school" means a Utah public school established by the Board or a private high school accredited by a regional accrediting body approved by the Board.

(7) "Scholarship appeals committee" means a committee designated by the Commissioner of Higher Education to review appeals of Opportunity Scholarship award decisions and take final agency action regarding awards.

(8) "Scholarship award" means a scholarship awarded to each applicant who meets the eligibility requirements of Section R765-612-4.

(9) "Scholarship staff" means the employees assigned to review Opportunity Scholarship applications and make decisions awarding the scholarships.

(10) "Substantial compliance" means the applicant, in good faith, demonstrated clear intent to comply with the scholarship application requirements and has demonstrated likely eligibility, but failed to precisely comply with the application specifics.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-4 Award Requirements

(1) To qualify for the Opportunity Scholarship, the applicant shall satisfy the following criteria:

(a) graduate from a Utah high school with a minimum, non-weighted cumulative Grade Point Average (GPA) of 3.3;

(b) complete one advanced Mathematics course;

(d) complete one advanced Science course; and

(e) complete and submit either the Free Application for Federal Student Aid or the alternative financial form approved by the Board.

(2) Under Section 63G-12-402, verification of lawful presence in the United States is not required to be eligible for a scholarship under this rule.

(3) A student who graduated from a Utah high school in 2022 may alternatively qualify for the Opportunity Scholarship if the student satisfies the following criteria:

(a) graduate from a Utah high school with a minimum, non-weighted GPA of 3.3;

(b) complete four credits of English;

(d) complete three credits of lab-based biology, chemistry, and physics;

(e) complete two credits of world languages;

(f) complete three credits of social science; and

(g) complete and submit either the Free Application for Federal Student Aid or the scholarship alternative financial form available.

(4) For purposes of Subsection R765-612-4(3)(c), advanced mathematics means any of the following courses: pre- calculus, calculus, statistics, AP calculus AB, AP calculus BC, AP statistics, college courses Math 1030 and higher, IB Math SL, HL, and Further Math.

(5) The following requirements apply only to a student who graduated from a Utah high school in 2022:

(a) Each student must apply for the Opportunity Scholarship using the eligibility criteria in either Subsection R765- 612-4(1) or Subsection R765-612-4(2) exclusively.

(b) The student may not qualify for the Opportunity Scholarship by mixing courses from both sets of criteria in Subsections R765-612-4(1) and R765-612-4(2).

(c) Because the courses listed in Subsections R765-612-4(1) and R765-612-4(2) are not always analogous, each student who graduated in 2022 shall confirm the courses the student is completing meet the eligibility requirements under the subsection through which the student elects to apply.

(6) Enrollment requirements include:

(a) A recipient shall enroll at an eligible institution beginning with the fall semester after high school graduation.

(b) A recipient who does not enroll in the fall semester after high school graduation must apply for a deferment, as outlined in Subsection R765-612-7(2), to retain eligibility for future payments.

(d) A recipient may enroll part-time at an eligible institution and retain eligibility for future payments but may not receive funding for that semester.

(e) The institution that the student attends shall verify the recipient has met the enrollment requirements in Subsection R765-612-4(6) before disbursing payment.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-5 Application Procedures

(1) Each applicant shall submit an official scholarship application no later than February 1 of the year that the student graduates from high school.

(2) The Board may establish a priority deadline each year.

(3)(a) The scholarship staff may give each applicant who meets the priority deadline first priority or consideration for the scholarship.

(b) Subject to funding, the scholarship staff may consider each student based on the date the student completed and submitted the student's application.

(4) Each applicant shall submit the following documents:

(a) the online Opportunity Scholarship application;

(b) a completed online Free Application for Federal Student Aid or the Board approved financial form; and

(5) If there is an error with the student's transcript, the student shall work with the student's high school or district to rectify the information to complete the application.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-6 Award Amounts and Ongoing Eligibility

(1) The Board shall determine eligibility criteria and maximum award amounts annually, based on legislative appropriations and the number of eligible applicants.

(2) Each student who meets the eligibility criteria may receive up to a four-semester scholarship award.

(3) Each institution shall determine individual recipient award amounts in accordance with Subsection 53H-11-402(3).

(4) If a student receives an award disbursement, the recipient must enroll at an eligible institution full time and maintain satisfactory academic progress as defined by the institution to remain eligible for any future disbursement.

(5) Students who receive a reasonable accommodation related to the scholarship requirements under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act by their institution's ADA Coordinator may obtain a modification to the scholarship requirements. The institution's ADA Coordinator, or their designee, shall provide written documentation to the institutional financial aid office about the student's reasonable accommodation. Under these conditions, an award may be provided to a student who is enrolled less than full time during the accommodation provided by the ADA Coordinator, or designee.

(6) Each institution shall verify that the recipient has met eligibility requirements before disbursing each payment.

(7) Each recipient who does not maintain eligibility shall forfeit any remaining award amount.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-7 Time Limitations and Deferrals

(1) A recipient may only receive scholarship funds for academic semesters that begin within five years after the recipient's high school graduation date.

(2) A recipient who will not enroll as a student must apply for a deferral or leave of absence with the recipient's eligible institution to retain eligibility.

(3) An approved deferral or leave of absence may not extend the time limits of the scholarship.

(4) A recipient who elects to attend a USHE technical college may defer the Opportunity Scholarship during that period of enrollment subject to the time limitations of Section R75-612-7.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-8 Transfers

(1) Each recipient may transfer to another eligible institution and keep the scholarship award.

(2) Each recipient who transfers to another eligible institution and who desires to keep the scholarship award shall inform the institution from which the recipient transfers and the institution to which the recipient is transferring of the recipient's intent to transfer.

(3) Each institution shall:

(i) coordinate the transfer of eligibility information; and

(ii) report this information to the Office of the Commissioner of Higher Education.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-9 Appeals

(1) Each applicant shall have the right to appeal an adverse decision.

(2) When the scholarship staff denies eligibility, they shall issue a written determination that includes instructions on how to file an appeal.

(3) The applicant shall submit a written appeal to the scholarship appeals committee within 30 days of the date on which the scholarship staff's adverse decision was issued.

(4) In the appeal, the applicant shall provide:

(a) the applicant's contact information;

(b) the high school that the applicant attended;

(d) all information or evidence that supports the appeal.

(5) The scholarship appeals committee may not consider an appeal filed before the applicant receives official notification from the scholarship staff of their decision.

(6) If an applicant fails to file the appeal on time, the scholarship appeals committee shall notify the applicant of the late filing and give the applicant an opportunity to provide a written explanation of the reasons for failing to file the appeal by the deadline.

(7) The scholarship appeals committee may not have jurisdiction to consider the merits of an appeal that is filed beyond the deadline unless it determines the applicant established excusable neglect.

(8) The scholarship appeals committee shall review the appeal to determine if the scholarship staff's decision was made in error, or if the applicant demonstrated substantial compliance with the scholarship application requirements but failed to meet one or more requirements for good cause.

(9) If the scholarship appeals committee determines the applicant has shown by a preponderance of the evidence that the scholarship staff's decision was made in error, the scholarship appeals committee shall either reverse the decision or remand it back to the scholarship staff for further review in accordance with the scholarship appeals committee's instructions.

(10) If the scholarship appeals committee determines the applicant has shown by a preponderance of the evidence that the applicant demonstrated substantial compliance with the application process requirements and good cause for failing to meet one or more of the requirements, the scholarship appeals committee may grant the applicant a reasonable period to complete the remaining requirements and to resubmit the completed application to the scholarship staff for a redetermination or grant the application eligibility for an award.

(11) The scholarship appeals committee's decision shall be in writing and contain:

(a) the scholarship appeals committee's findings of facts, reasoning, and conclusions of law; and

(b) notice of the applicant's right to judicial review.

(12) The scholarship appeals committee's decision represents the final agency action.

(13) An applicant who disagrees with the scholarship appeal committee's decision may seek judicial review in accordance with Section 63G-4-402.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

Utah Admin. Code R765-612-10 Reporting

(1) As specified by the Office of the Commissioner of Higher Education, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to applications, awards, program enrollments, utilization, funding, and other pertinent information for the most recently completed fiscal year.

(2) The Office of the Commissioner of Higher Education or the Board may, at any time, request additional documentation or data related to the Opportunity Scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, Opportunity Scholarship Program, Student Financial Aid
Date of Last Change: March 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-402

R765-614 Public Safety Officer Career Advancement Grant Program

Utah Admin. Code R765-614-1 Purpose

This rule outlines the application process and procedures for the Public Safety Officer Career Advancement Grant Program.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-2 Authority

Section 53H-11-410 authorizes this rule.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-3 Definitions

(1) "FAFSA" means the Free Application for Federal Student Aid.

(2) "Post-Secondary Degree" means an associate, bachelor's, master's, or doctoral degree.

(3) "PSOCAG" means the Public Safety Officer Career Advancement Grant Program.

(4) "PSOCAR" means the Public Safety Officer Career Advancement Reimbursement Program.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-4 Qualifications

(1) To qualify for PSOCAG, an applicant shall be:

(a) a certified peace officer;

(b) currently employed by a Utah law enforcement agency; and

(2) Institutions shall annually revise and publish eligibility criteria in all publications referencing the grant.

(3) A student who receives the Karen Mayne Public Safety Officer Scholarship Program, as described in Section 53H- 11-403, is not eligible to participate in PSOCAG for the same degree.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-5 Application Process

(1) Each institution shall establish processes for receiving and reviewing applications and distributing awards consistent with this policy and shall set application deadlines that accommodate both full-time and part-time students.

(2) The application described in Subsection (1) shall include:

(a) information about other means an applicant may finance the applicant's education; and

(b) a notice to students that the amount of the award is subject to available funding and may be reduced.

(3) Each applicant must complete and submit:

(a) the FAFSA in accordance with Board Policy R623, Free Application for Federal Student Aid;

(b) the application; and

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-6 Grant Amounts

(1) Subject to funding, each institution may grant each qualified applicant up to the cost of tuition and fees with a maximum of $5,000 each academic year.

(2) A student may participate in PSOCAG for a maximum of four academic years.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-7 Distribution of Funds to Institutions

The board shall allocate 50% of program funds to eligible institutions equally and allocate the remaining 50% of program funds in proportion to each eligible institution's percentage of total PSOCAR or PSOCAG awards by all participating institutions in the most recently completed award year.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-8 Appeals

An applicant has the right to appeal an adverse decision. Upon the applicant's request, the institution shall provide an opportunity that aligns with institutional policy for the student to appeal an adverse decision.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

Utah Admin. Code R765-614-9 Reporting

(2) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, Public Safety Officer Career Advancement Grant Program, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-410

R765-615 Talent Development Award Program

Utah Admin. Code R765-615-1 Purpose

The Talent Development Award Program is intended to recruit and train individuals to work in certain jobs that have a high demand for new employees and offer high wages in Utah, ensuring students with the highest financial need are supported. To establish the criteria and process for awarding the Talent Development Award Program grant.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-2 Authority

This rule is authorized by Section 53H-11-415.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-3 Definitions

(1) "Grant" means a monetary grant issued under this rule.

(2) "Full-time student" means a student who is enrolled in a minimum of 12 credit hours.

(3) "GOEO" means the Governor's Office of Economic Opportunity created in Section 63N-1-201.

(4) "Qualifying degree" means an associate or a bachelor's degree that qualifies an individual to work in a qualifying job.

(5) "Qualifying job" means a job described in Section R765-617-7 for which an individual may receive a grant.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-4 Appropriations

The program is funded by appropriations from the Legislature.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-5 Qualifications

(1) To qualify for a grant, an applicant must:

(a) Be enrolled as a student at a USHE institution.

(b) Sign a declaration that they are pursuing, or will pursue, a qualifying degree.

(d) Apply to the institution to receive a grant.

(e) Complete and submit the Free Application for Federal Student Aid (FAFSA) as required by Board Policy 623.

(2) Institutions shall annually revise and publish eligibility criteria in all publications referencing the grant.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-6 Application Process

(1) Applicants may apply for a grant on an application provided by their institution. The application provided by the institution shall collect, at a minimum:

(a) The applicant's current enrollment or registered enrollment for the upcoming semester if available.

(b) A transcript demonstrating the applicant's completed course work.

(c) The applicant's formal declaration of their intent to pursue a qualifying degree and to work in a qualifying job, including the applicant's signature.

(2) The institution shall set deadlines by which applicants must submit all required materials.

(3) The institution shall determine the most efficient method for issuing grant funds and shall collect the information necessary for that purpose.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-7 Qualifying Jobs and Degrees

(1) Every other academic year, GOEO shall select five jobs that have the highest demand for new employees and offer high wages. Beginning July 1 of that year, those five positions are designated as qualifying jobs for the purposes of this grant program. Qualifying jobs must, at a minimum:

(a) Rank in the top 40 % of jobs based on an employment index that considers both job growth rates and total openings;

(b) Rank in the top 40 % for wages; and

(2) At the same time, GOEO will identify and designate the associate or bachelor's degrees required to qualify for the five qualifying jobs.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-8 Award Prioritization

(1) Grant awards may be prioritized to:

(a) Students who demonstrate financial need; and

(b) Continuing students to allow those students to receive funding through the length of their academic program.

(2) The institution may reduce the grant amount based on other grants and scholarships.

(3) An institution shall establish criteria to assess an applicant's financial need. The criteria shall use quantifiable, need-based measures. For example, institutions may establish a range with a minimum and maximum need index based on the Free Application for Federal Student Aid or Board approved alternative financial form within which an eligible recipient's expected contribution must fall to be eligible for an award.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-9 Grant Amounts

Subject to funding and Section R765-615-8 , an institution may grant an amount up to the cost of resident tuition, books, and fees for their institution up to the expected time for the recipient to complete the qualifying degree, as determined by the institution.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-10 Distribution of Funds to Institutions

The Board will annually disburse available funds to eligible institutions proportionally equal to the total number of students who graduated from an eligible program the previous two years.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-11 Release of Funds

The applicant must provide the institution verification of registration for classes within the qualifying degree program before the institution may release the funds.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-12 Grant Transfers

A recipient may transfer to another institution and keep eligibility for the grant, if the recipient meets the qualifications defined in Section R765-615-5 at the institution to which the recipient is transferring. Recipients are responsible to inform the financial aid office at the institution to which they are transferring that they are receiving the Talent Development Grant at their current institution. The financial aid offices at the respective institutions shall coordinate the transfer of scholarship information. Upon transfer, the institution shall prioritize the award of any eligible recipient before all others awarded in accordance with Section R765-615-8.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-13 Grant Deferrals

(1) A recipient shall apply for a deferral if they do not continuously enroll and wish to continue to receive the grant.

(2) Institutions shall develop a process for recipients to apply for deferrals.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-14 Grant Cancellation

(1) An institution may cancel a grant if the recipient changes the degree they selected in the application at any time before graduation.

(2) If a recipient does not return to pursue their degree after a deferral, their grant will be canceled, and no remaining funds will be released.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-15 Reporting

(1) As specified by the Office of the Commissioner, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to one or more of applications, awards, program enrollments, utilization, funding, and other Talent Development Award information for the most recently completed fiscal year.

(2) The Office of the Commissioner may, at any time, request additional documentation or data related to the Talent Development Award Program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

Utah Admin. Code R765-615-16 General Administration

Institutions may establish policies for administering this program that align with their existing practices and financial aid programs

History

KEY: higher education, grants, talent ready, incentives
Date of Last Change: May 5, 2026
Notice of Continuation: December 15, 2023
Authorizing, and Implemented or Interpreted Law: 53H-11-415

R765-616 Adult Learner Grant Program

Utah Admin. Code R765-616-1 Purpose

To provide financial assistance for adult learners pursuing an online degree in a field of industry need.

History

KEY: Utah Board of Higher Education, Adult Learner Grant Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-102

Utah Admin. Code R765-616-2 Authority

Subsection 53H-11-412(2) authorizes this rule.

History

KEY: Utah Board of Higher Education, Adult Learner Grant Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-102

Utah Admin. Code R765-616-3 Definitions

(1) "Board" means the Utah Board of Higher Education.

(2)(a) "Cost of attendance" means the estimated costs associated with taking an online course, as established by an eligible institution in accordance with Board policies.

(b) "Cost of attendance" includes tuition, costs payable to the eligible institution, and other direct educational expenses related to taking an online course.

(3) "Eligible institution" means an institution, as defined in Subsection R765-616-3(6), that offers a postsecondary level course of instruction using digital technology.

(4) "Eligible student" means a student who meets the eligibility criteria established in Section R765-616-4.

(5) "Fiscal year" means the fiscal year of the state.

(6) "Institution" means an institution described in Section 53H-1-102 or a Utah private postsecondary educational institution that enters into an agreement with the Office of the Commissioner of Higher Education to participate in this grant program.

(7) "OCHE" means the Office of the Commissioner of Higher Education.

(8) "Online course" means a postsecondary level course of instruction offered by an eligible institution using digital technology.

(9) "Program" means a sequence of online courses that lead to a certificate or other recognized educational credential that:

(a) is made up of only online courses, meaning a student can complete the program through online course offerings; and

(b) prepares students for employment in four-star or five-star jobs as defined by the Department of Workforce Services.

(10) "Tuition" means tuition and fees at the rate charged for residents of the state.

History

KEY: Utah Board of Higher Education, Adult Learner Grant Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-102

Utah Admin. Code R765-616-4 Grant Eligibility

(1) To be eligible for a grant under this section, each student shall:

(a) be an independent student on the Free Application for Federal Student Aid (FAFSA);

(b) be enrolled in an online program at an eligible institution in a field designed to meet industry needs and leading to a degree, certificate, or other recognized educational credential;

(d) complete the Free Application for Federal Student Aid; and

(e) demonstrate financial need, in accordance with Subsection R765-616-6(2)(f).

(2) The Board shall prioritize grant funding for each student who is:

(a) from a rural area of the state, as defined by the Utah Department of Health and Human Services, which includes all counties except Utah, Salt Lake, Davis, and Weber;

(b) classified as low income; or

(c) pursuing education in postsecondary programs aligned to four- or five- star jobs as established by the Department of Workforce Services.

History

KEY: Utah Board of Higher Education, Adult Learner Grant Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-102

Utah Admin. Code R765-616-5 Process for Allocating Grant Funding to Eligible Institutions

The Office of the Commissioner of Higher Education shall allocate the funding based on the proportional number of graduates from eligible programs at participating institutions in the most recent year for which data is available on or before July 1 of each year.

History

KEY: Utah Board of Higher Education, Adult Learner Grant Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-102

Utah Admin. Code R765-616-6 Process for Awarding Grants to Eligible Students

(1) An eligible institution that receives grant funding shall be responsible for establishing a process to award grants along with other financial aid in alignment with this rule.

(2) When establishing a process for award grants, the institution shall:

(a) award grants on an annual basis and distribute grant money on a quarter or semester basis;

(b) award grants without regard to an applicant's race, creed, color, religion, sex, or ancestry;

(c) ensure the total sum of program grant, financial aid from any source, and family or personal contribution do not exceed the cost of attendance for an eligible student at an eligible institution for a fiscal year;

(d) determine award amounts within the minimum and maximum award range as established annually by the Board;

(e) ensure all funds received from the grant are applied toward the cost of attendance; and

(f) prioritize grants based on criteria in Subsection R765-616-4(2) and financial need using an eligible recipient's eligibility index from the FAFSA, which may include a maximum eligibility index number set by the eligible institution.

History

KEY: Utah Board of Higher Education, Adult Learner Grant Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-102

Utah Admin. Code R765-616-7 Reporting

(2) For institutions that do not participate in the annual institutional financial aid file submission, data shall be submitted directly no later than February 28 each year.

(3) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

(4) The Board shall annually report data and information collected under this section to the Higher Education Appropriations Subcommittee.

History

KEY: Utah Board of Higher Education, Adult Learner Grant Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-102

R765-617 Karen Mayne Public Safety Officer Scholarship Program

Utah Admin. Code R765-617-1 Purpose

This rule outlines requirements, awardee responsibilities, and application procedures for the Karen Mayne Public Safety Officer Scholarship Program.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-2 Authority

This rule is authorized by Section 53H-11-403.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-3 Definitions

(1) "Academic Year" means the calendar year starting July 1 and ending June 30. For degree-granting institutions, this includes Fall, Summer, and Spring semesters.

(2) "Board" means the Utah Board of Higher Education described in Section 53H-1-101.

(3) "Eligible institution" means:

(a) a degree-granting institution of higher education or a technical college within the state system of higher education, as identified in Subsection 53H-3-102(1); or

(b) a private, post-secondary institution that enters into an agreement with the Office of the Commissioner of Higher Education to participate in this program.

(4) "OCHE" means the Office of the Commissioner of Higher Education.

(5) "Peace officer" means the same as that term is defined in Section 53H-11-306.

(6) "POST" means the Peace Officer Standards and Training Division created in Section 53-6-103.

(7) "Qualifying post-secondary program" means criminal justice, police administration, criminology, social sciences, or other program approved by the Board.

(8) "Scholarship staff" means OCHE staff assigned to administer state scholarships on behalf of the Board.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-4 Award Requirements

(1) To qualify for the Karen Mayne Public Safety Officer Scholarship, an applicant shall:

(a) be a high school graduate;

(b) complete a Karen Mayne Public Safety Officer Scholarship application, published by OCHE;

(d) enroll in a qualifying post-secondary program at an eligible institution; and

(e) commit to working as a peace officer in Utah for no less than five years after the day on which POST certifies the scholarship recipient.

(2) A recipient who takes a leave of absence from their institution or defers their enrollment shall obtain an approved deferral from their institution and provide documentation to verify the approved deferral to OCHE.

(3) A student receiving the Public Safety Officer Career Advancement Grant, as described in Section 53H-11-410, is not eligible to participate in the Karen Mayne Public Safety Officer Scholarship Program.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-5 Awardee Responsibilities

(1) A scholarship recipient shall:

(a) notify the Board regarding POST certification within 15 days after the day on which POST certifies the scholarship recipient;

(b) submit verification of employment with a Utah law enforcement agency to the Board within 15 days after the day on which the scholarship recipient is employed as a peace officer, including:

(i) the employer's name, address, and telephone number;

(ii) the date of the scholarship recipient's hiring; and

(iii) the scholarship recipient's job title; and

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-6 Application Process

(1) Applicants shall submit an official scholarship application no later than the deadline established in the scholarship application form.

(2) Applicants shall submit the following documents to be considered for the Karen Mayne Public Safety Officer Scholarship:

(a) the completed Karen Mayne Public Safety Officer Scholarship Program application published by OCHE;

(b) high school transcripts that verify graduation from a high school or a high school diploma;

(d) a declaration of the applicant's admission to and intention to enroll in an eligible post-secondary program described in Section R765-617-8 at an eligible institution;

(e) proof of completion of the FAFSA in accordance with Board Policy R623, Free Application for Federal Student Aid; and

(f) other documentation as outlined on the annual scholarship application or requested by scholarship staff.

(3) Requirements in Subsections R765-617-6(2)(b) through (2)(f) may be included in the scholarship application described in Subsection R765-617-6(1).

(4) Students must reapply and meet the requirements for the scholarship each academic year. After an initial application is approved, a high school transcript is not required to be resubmitted.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-7 Grant Amount

(1) Subject to available funding, qualified applicants will be awarded a scholarship that does not exceed the combined cost of tuition, fees, required textbooks, and POST training and certification.

(2) The Board may establish a maximum scholarship amount annually.

(3) A student may participate in the Karen Mayne Public Safety Officer Scholarship for a maximum of four academic years.

(4) If the legislative appropriation is insufficient to cover the costs associated with the Karen Mayne Public Safety Officer Scholarship, the Board may:

(a) reduce the amount of a grant; or

(b) distribute grants on a pro rata basis to each eligible applicant who submitted the required application materials, as described in Section R765-617-6, before the application deadline; or

(5) Institutions shall combine state or federal loans or grants, internships, student employment, and family and individual contributions toward financing the cost of attendance.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-8 Board Responsibilities

(1) The Board shall:

(a) Collaborate with POST and other law enforcement and correction agencies to provide high school students with information on law enforcement careers;

(b) Notify POST when a student receives a scholarship under the program; and

(c) Include a disclosure on all applications and materials related to the program that the amount of the awarded scholarship may be subject to funding availability or reduction.

(2) The Board may cancel an award and require a scholarship recipient to repay the full amount of the scholarship award that the scholarship recipient received under the program, including money paid for tuition, fees, and required textbooks, if the scholarship recipient fails to adhere to the responsibilities in Sections R765-617-4 through R765-617-6.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-9 Appeals Process

An applicant has the right to appeal an adverse decision. Upon request by the student, the scholarship staff shall provide an opportunity for the student to appeal an adverse decision to a committee of at least three impartial persons. Each appeal request must be submitted in writing within 30 days of the application notice.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

Utah Admin. Code R765-617-10 Reporting

(1) As specified by OCHE, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to one or more of applications, awards, program enrollments, utilization, funding, and other scholarship information for the most recently completed fiscal year.

(2) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, scholarship, Karen Mayne Public Safety Officer Scholarship Program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-403

R765-620 Utah Promise Program Grant

Utah Admin. Code R765-620-1 Purpose

The purpose of this rule is to provide the rules and procedures for implementing the Utah Promise Program Grant.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-2 Authority

Section 53H-11-414 authorizes this rule.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-3 Definitions

(1) "Board" means the Utah Board of Higher Education.

(2) "Cost of attendance" means the estimated costs associated with attending an institution, including costs payable to the institution for tuition and fees, other direct educational expenses, transportation, and living expenses while attending the institution.

(3) "FAFSA" means Free Application for Federal Student Aid.

(4) "Institution" means:

(a) an institution of higher education listed in Section 53H-1-102; or

(b) a Utah private, non-profit postsecondary educational institution that enters into an agreement with the Office of the Commissioner of Higher Education to participate in this program.

(5) "OCHE" means the Office of the Commissioner of Higher Education.

(6) "Promise grant" means a grant awarded under Section 53H-11-414 and administered under this rule.

(7) "Utah Promise Program" means the grant program established under Section 53H-11-414.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-4 Qualifications

(1) To qualify for a promise grant, an applicant shall:

(a) be enrolled at an institution;

(b) either:

(i) qualify for Utah resident student status under Section 53H-11-202 and Board Policy R512; or

(ii) qualify for resident tuition under Section 53H-11-202;

(d) accept all other grants, tuition and fee waivers, and scholarships offered to the applicant to attend the institution in which the applicant enrolls; and

(e) maintain academic good standing as defined by the institution the applicant attends.

(2)(a) Each institution shall annually revise and publish eligibility criteria in all publications referencing the grant.

(b) Each institution shall disclose in any publications about the promise grant that program funds are limited and subject to change.

(3) Under Section 63G-12-402, verification of lawful presence in the United States may not required to be eligible for a grant under this rule.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-5 Application Process

(1)(a) Each institution shall establish an application process consistent with this rule that applicants can easily access and complete.

(b) The Board may require an institution to modify an application or process that is overly cumbersome or confusing.

(2) The institution shall set deadlines by which each applicant must submit all required materials.

(3) The institution shall:

(a) determine the most efficient method for issuing grant funds; and

(b) collect the information necessary for that purpose.

(4)(a) Each applicant shall complete and submit:

(i) the FAFSA; or

(ii) the alternative financial form approved by the Board;

(b) the grant application, if applicable; and

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-6 Prioritization

Each institution shall:

(1) prioritize grants based primarily on financial need; and

(2) establish criteria to assess an applicant's financial need, which shall use quantifiable, need-based measures. For example, an institution may establish a range with a minimum and maximum need index based on the FAFSA within which an eligible recipient's expected contribution must fall to be eligible for an award.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-7 Grant Award and Calculation

(1) An institution shall use other funding sources, tuition waivers, and fee waivers, when possible, to fully fund awards.

(2) In determining awards, the institution shall consider all other loans, grants, employment, and family and individual contributions the applicant can put toward financing the cost of attendance.

(3) Each institution shall prioritize the grant based primarily on financial need as outlined in Section R765-620-6.

(4) The institution may award an amount to an eligible recipient up to the cost of attendance, after taking into account the total value of other financial aid the recipient receives toward the cost of attendance.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-8 Grant Duration

Each eligible recipient may receive a promise grant until the recipient:

(1) earns a first bachelor's degree; or

(2) attempts 120 credit hours.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-9 Competency-based Assessment

Each Institution shall evaluate a recipient's knowledge, skills, and competencies acquired through formal or informal education outside the traditional postsecondary academic environment, and award appropriate credit for the recipient's prior learning.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-10 Grant Transfers

(1) A recipient may transfer to another institution and keep eligibility for the grant, if the recipient meets the qualifications defined in Section R765-620-4 at the institution to which the recipient is transferring.

(2) Each recipient shall be responsible to inform the financial aid office at the institution to which the recipient is transferring that the recipient is receiving the promise grant at the recipient's current institution.

(3) The financial aid offices at each respective institution shall coordinate the transfer of scholarship information.

(4) Upon transfer, the institution may prioritize the award of any eligible recipient before all others awarded in accordance with Section R765-620-6.

(5) The institution to which the recipient is transferring shall make adjustments in a recipient's award in accordance with Section R765-620-7.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-11 Distribution of Funds to Institutions

(1) In determining how to allocate program funds to an institution, the Board shall consider:

(a) the costs of attendance of programs offered by the institution; and

(b) the number of eligible students who attend each institution.

(2) The Board shall allocate program funds to eligible institutions in proportion to each eligible institution's percentage of the total Federal Pell Grant funds received for Utah resident students and students who qualified for resident tuition in the most recently completed award year by all participating institutions.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-12 Grant Cancellation

If a recipient no longer meets the eligibility requirements, the institution shall cancel the recipient's grant, and no remaining funds shall be released.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-13 Reporting

(1) As specified by the Office of the Commissioner of Higher Education, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to applications, awards, program enrollments, utilization, funding, and other promise grant award information for the most recently completed fiscal year.

(2) The Office of the Commissioner of Higher Education may, at any time, request additional documentation or data related to the program grant and may review or formally audit an institution's documentation and compliance with this rule.

(3) By March 1 of each year, any participating institution's financial aid directors shall report to the Board the total dollar amount of Federal Pell Grant funds awarded to resident students and students who qualified for resident tuition under Section 53H-11-203 at the institution for the most recently completed academic year.

(4) An institution that fails to submit the required reports by the required deadlines may be ineligible to participate in the program for the next fiscal year.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-14 Administrative Costs

The Board may use up to 2% of the money appropriated for the Utah Promise Program to cover administrative costs.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-15 Funding Sources

The Board may supplement state appropriations for the program with private contributions and may name an award after the donor.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-16 Institutional Participation Agreement

(1) Each participating institution shall enter into a written agreement with the Board or assigned designee agreeing to abide by the program policies, accept and disburse funds per program rules, provide the required report each year, and keep documentation for the program to support the awards and actions taken.

(2) By accepting the funds, the participating institution agrees to the additional following terms and conditions:

(a) The institution may at its discretion use up to 3% of the funds it receives for the Utah Promise Program to cover administrative costs.

(b) The institution may carry forward or carry back a limited portion of its promise grant allocation from one award year to another, subject to specific guidelines and approval by the Board.

(c) The institution shall inform the Board immediately if it determines it will not be able to utilize all program funds allotted to it for an award year.

(d) Absent approval by the Board for a carry forward amount, each institution shall return unused funds to the Board.

(e) The Board shall redistribute unused program funds to the other eligible institutions as supplemental promise grant allocations for disbursement during the same award year.

(f) Promise grant allocations budgeted for administrative expenses may not be part of any carryover.

(g) There shall be no exception to these terms and conditions unless approved in advance by the Board.

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-620-17 Report to Higher Education Appropriations Subcommittee

The Board shall submit an electronic report annually to the Higher Education Appropriations Subcommittee about the Utah Promise Program

History

KEY: financial aid, higher education, scholarship
Date of Last Change: May 5, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-414

R765-621 Terrell H. Bell Education Scholarship Program

Utah Admin. Code R765-621-1 Purpose

The purpose of this rule is to provide the rules and procedures for administration of the Terrel H. Bell Teaching Education Scholarship Program, ensuring it recruits first-generation students into teaching careers, encourages outstanding students to teach in high needs areas in Utah's public schools, and to recognize teaching as a critically important career choice for the state.

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

Utah Admin. Code R765-621-2 Authority

Subsection 53H-11-409(6) authorizes this rule.

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

Utah Admin. Code R765-621-3 Definitions

(1) "Approved Program" means:

(a) a teacher preparation program that meets the education profession licensure standards described in Section 53E-6- 302, and provides enhanced clinical experiences, or prepares an individual to become a speech-language pathologist or another licensed professional providing services in a public school to students with disabilities; or

(b) courses taken at Salt Lake Community College or Snow College that lead students to make reasonable progress to meet institutional criteria for admission into a program in accordance with Subsection R765-621-3(1)(a).

(2) "Average scholarship amount" means average USHE undergraduate resident tuition and general student fees for the corresponding academic year.

(3) "Board" means Utah Board of Higher Education.

(4) "Eligible institution" means a public or private institution of higher education in Utah that offers an approved program.

(5) "FAFSA" means the Free Application for Federal Student Aid.

(6) "High needs area" means a subject area or field in public education that has a high need for teachers or other employees, determined annually by the Board in consultation with the Utah State Board of Education.

(7) "First-generation student" means a student whose parents never completed college or beyond.

(8) "Full-time enrollment" means 12 semester hours or such other number of hours as determined by the recipient's institution.

(9) "Part-time enrollment" means the participating institution's definition of half-time enrollment for the program in which the recipient is enrolled.

(10) "Average scholarship amount" means average Utah System of Higher Education undergraduate resident tuition and general student fees for the corresponding academic year.

(11) "Scholarship staff" means staff in the Office of the Commissioner of Higher Education assigned to administer state scholarships on behalf of the Board.

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

Utah Admin. Code R765-621-4 General Award Conditions

(1) An eligible institution may award a scholarship to an individual for an amount up to the cost of resident tuition, fees, and books for the number of credit hours in which the individual is enrolled each semester.

(2) An eligible private institution may not award a scholarship for an amount that exceeds the average scholarship amount granted by a public institution of higher education.

(3) a recipient may receive a scholarship for up to four consecutive years, or equivalent when considering institution- approved leaves of absence.

(4) An eligible institution may award scholarships to any full-time or part-time enrolled student.

(5) An eligible institution shall:

(a) develop processes for promoting and distributing awards consistent with this rule; and

(b) set application deadlines that accommodate any full-time or part-time student.

(6) Each application shall require a student's declaration to earn a degree in an approved program.

(7) Each institution shall prioritize scholarship awards to applicants who meet the qualifications in Section R765-621-5 by awarding qualified applicants in the following order:

(a) first, to first-generation students who intend to work in any area in a Utah public school;

(b) second, to each student who is not a first-generation student but intends to work in a high needs area in a Utah public school; and

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

Utah Admin. Code R765-621-5 Initial and Continuing Eligibility

(1) To be eligible for a scholarship awarded under this rule, an applicant shall:

(a) declare the intent to earn a degree in an approved program and to teach in a Utah public school after graduation;

(b) complete a FAFSA in accordance with Board Policy R623, Free Application for Federal Student Aid; and

(c) either be admitted to or making reasonable progress to meet a participating institution's criteria for admission to an approved program.

(2) To remain eligible for a scholarship awarded under this rule, each recipient must:

(a) maintain satisfactory academic progress in accordance with the recipient's institution's policies;

(b) make reasonable progress to meet institutional criteria for admission to an approved program; and

(3) A recipient who transfers to another eligible institution shall retain an award if they continue to meet criteria established for recipients at the receiving institution.

(4) After no more than four semesters of full-time, or eight semesters of part-time postsecondary course work, the recipient shall apply to and gain acceptance into an approved program at an eligible institution.

(5) An eligible institution may grant a temporary deferment of an award for up to two years to a recipient who has not been accepted into an approved program, while they seek acceptance into the program.

(6) After providing a recipient notice and an opportunity to respond, an institution may rescind a recipient's scholarship if the dean of education or the director of financial aid determines the recipient:

(a) is failing to make reasonable progress toward completion of program requirements; or

(b) has demonstrated to a reasonable certainty that the recipient does not intend to teach at a public school in Utah after graduation.

(7) Under Section 63G-12-402, verification of lawful presence in the United States may not be required to be eligible for this scholarship.

(8) Upon request by the student, the institution shall provide an opportunity for the student to appeal a dean or director's determination to rescind the scholarship to a committee of at least three impartial persons.

(9) A recipient may seek leave of absence from attending an institution in accordance with applicable deferral policies at a corresponding eligible institution.

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

Utah Admin. Code R765-621-6 Transfer of Award Funds

(1) A recipient may transfer to another eligible institution and keep the scholarship if the recipient meets all requirements of the receiving institution.

(2) The recipient who is transferring shall be responsible for communicating with the recipient's college or school of education and the financial aid office at the receiving institutions well in advance.

(3) A recipient who is transferring and does not meet application deadlines or demonstrate satisfactory academic progress may have the recipient's scholarship rescinded.

(4) The receiving institution shall be responsible to make any adjustments in the transfer of a recipient's award.

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

Utah Admin. Code R765-621-7 Distribution of Award Funds to Institutions

(1) The Board shall annually distribute available funds to eligible institutions proportionally equal to the total number of teachers who graduated from the eligible institution and were hired by a Utah public school district for the most recent three cohort years available, minus funds for Snow College and Salt Lake Community College allocated at the discretion of the Board.

(2) The Board shall annually distribute amounts allocated to institutions with new programs without the required three- year history of graduates to fit in the allocation formula, who will receive a minimum allocation amount to be set by scholarship staff.

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

Utah Admin. Code R765-621-8 Reporting

As specified by the Office of the Commissioner of Higher Education, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to applications, awards, program enrollments, utilization, funding, and other Terrel H. Bell Education Scholarship information for the most recently completed fiscal year. The Board may, at any time, request additional documentation or data related to the Terrel H. Bell Education Scholarship and may review or formally audit an institution's compliance with this rule.

History

KEY: education, teaching
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-409

R765-622 Technical Education Scholarship Program

Utah Admin. Code R765-622-1 Purpose

The purpose of this rule is to provide procedures for administration of the Technical Education Scholarship Program, which will provide financial assistance to students pursuing technical education in high demand industries.

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-2 Authority

This rule is authorized by Subsection 53H-11-408(5).

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-3 Definitions

(1) "Eligible Institution" means a higher education institution with a technical education role as specified in Subsection 53H-3-602(1)(b)(iv).

(2) "High Demand Program" means a technical education program that is offered by an eligible institution, leads to a certificate, and is designated by the Board in accordance with Section R765-622-9.

(3) "Technical Education" is defined by Subsection 53H-1-101(10).

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-4 General Scholarship Administration

(1) Scholarship Award. An eligible institution may award a scholarship to an individual who:

(a) is enrolled in, or intends to enroll in, a high demand program; and

(b) completes a Free Application for Federal Student Aid as required by Rule R765-623.

(i) An eligible institution may award a scholarship for an amount of money up to the total cost of tuition, fees, and required textbooks for the high demand program in which the scholarship recipient is enrolled or intends to enroll.

(ii) An eligible institution may award a scholarship to a scholarship recipient for up to three academic years.

(2) Application Procedures. An eligible institution shall develop a simple, accessible application process, and will set application deadlines that accommodate both full-time and half-time students.

(3) Prioritization for Underserved Populations. An eligible institution shall establish criteria to identify underserved populations and to assess if an applicant is a member of an underserved population. In accordance with federal and state law, institutions shall prioritize scholarship awards for applicants who are members of an underserved population.

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-5 Continuing Eligibility

(1) After providing a recipient notice and an opportunity to respond, an institution may rescind a recipient's scholarship if it determines the recipient has not met the following requirements:

(a) Maintaining satisfactory academic progress toward the completion of the recipient's high demand program in accordance with the institution's policies; and.

(b) Being enrolled at least half-time as determined by the institution.

(2) Deferment. A recipient may seek deferment of an award in accordance with applicable deferral policies at the eligible institution.

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-6 Transfers

If a recipient who has maintained the continuing eligibility specified in Section R765-622-5 transfers to the same high demand program at another eligible institution, upon request of the recipient, the institution to which the recipient is transferring shall facilitate an award for the balance of the program.

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-7 Award Funds

(1) Distribution of Award Funds to Institutions. The Board will establish an ongoing funding amount for each eligible institution, which shall be distributed before each fiscal year, and which may be adjusted based on information and data provided to the Board, subject to legislative appropriation.

(2) Fund Restrictions. Technical education scholarship funds are restricted to expenditure for technical education scholarships and may not be moved or spent on any other program.

(3) Unused or Carryover Funds. Each eligible institution is encouraged to annually utilize all technical education scholarship funds for qualified students. Surplus funds, for example, fund balances or net assets, shall be retained in the scholarship fund and carried over from one fiscal year to the next.

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-8 Reporting

(1) As specified by the Office of the Commissioner, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to applications, awards, program enrollments, utilization, funding, and other technical education scholarship information for the most recently-completed fiscal year.

(2) The Office of the Commissioner may, at any time, request additional documentation or data related to the Technical Education Scholarship Program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

Utah Admin. Code R765-622-9 Designation of High Demand Programs

Every other year, after consulting with the Department of Workforce Services, the Board shall designate, as high demand programs, technical education programs at each eligible institution that prepare individuals to work in jobs in Utah that have:

(1) high employer demand and high median hourly wages based on labor market data; or

(2) significant industry importance.

History

KEY: education, technical, career, scholarship
Date of Last Change: May 28, 2026
Notice of Continuation: August 16, 2024
Authorizing, and Implemented or Interpreted Law: 53H-11-408

R765-624 Utah Promise Partner Program

Utah Admin. Code R765-624-1 Purpose

This rule outlines the procedures for the Utah Promise Partner Program.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-624-2 Authority

This rule is authorized by Section 53H-11-414.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-624-3 Definitions

(1) "Board" means the Utah Board of Higher Education.

(2) "Eligible program" means an academic program defined by the Board and the promise partner.

(3) "Institution" means an institution of higher education listed in Section 53H-1-102 or a Utah private nonprofit postsecondary educational institution that enters into an agreement with the Office of the Commissioner of Higher Education to participate in this program, as defined by the Board and the promise partner.

(4) "Promise partner award" means an award given to an eligible employee or dependent of a promise partner under this rule.

(5) "Promise partner" means an employer that has applied to, and established a memorandum of understanding with, the Board.

(6) "Dependent" means a person who meets the Internal Revenue Service's qualifying child or qualifying relative test.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-624-4 Utah Promise Partners

The Board may select, as a promise partner, an employer who applies to the Board and meets other requirements established by the Board. The Board may name a specific promise grant after the donating promise partner.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-624-5 Employee Qualifications

(1) An employee who works for a promise partner, or who is a dependent of an employee of a promise partner, shall be eligible to receive an award under this policy if the individual:

(a) completes the application process approved by the Board;

(b) is admitted to, and enrolled in or intends to enroll in an eligible program at an institution; and

(2) The student must meet the eligibility requirements outlined in Subsection R765-624-5(1) for the full-length of time the student receives the award.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-624-6 Application Process

(1) The promise partner shall establish an application process consistent with this rule that an applicant can easily access and complete.

(2) The Board, in consultation with the partner, shall set deadlines by which each applicant must submit all required materials.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-624-7 Award

(1) Subject to funding, the Board may give a promise partner award for the portion of tuition and fees for a program at an institution that is not covered by the promise partner;

(2) Prioritize awarding promise partner awards if an appropriation for promise partner awards is insufficient to provide a promise partner award to each eligible applicant.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

Utah Admin. Code R765-624-8 Award Duration

The Board may continue to award a promise partner award to an eligible recipient until the earlier of:

(1) four years after the day on which the recipient receives a promise partner award;

(2) the recipient's use of the promise partner award to attend an institution for eight semesters; or

(3) the recipient's completion of an eligible program.

History

KEY: Utah Board of Higher Education, Utah Promise Partner Program, student financial aid
Date of Last Change: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-414

R765-625 International Internship Scholarship Pilot Program Fund

Utah Admin. Code R765-625-1 Purpose

This rule outlines the requirements of and application process for International Internship Scholarships Pilot Program Fund.

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

Utah Admin. Code R765-625-2 Authority

Senate Bill 3, Appropriations Adjustments (2023) authorizes this rule.

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

Utah Admin. Code R765-625-3 Definitions

(1) "Board" means the Utah Board of Higher Education described in Section 53H-1-203.

(2) "FAFSA" means the Free Application for Federal Student Aid.

(3) "OCHE" means the Office of the Commissioner of Higher Education.

(4) "Scholarship staff" means OCHE staff assigned to administer state scholarships on behalf of the board.

(5) "USHE degree-granting institution" means a degree-granting institution of higher education within the state system of higher education, as identified in Section 53H-1-102(1).

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

Utah Admin. Code R765-625-4 Award Requirements

(1) To qualify for the International Internship Scholarship Program, an applicant shall:

(a) be enrolled at a USHE degree-granting institution;

(b) complete the International Internship Scholarship Program application, published by OCHE;

(d) demonstrate financial need based on the expected family contribution or student aid index from the FAFSA or equivalent from a board approved alternative.

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

Utah Admin. Code R765-625-5 Application Process

(1) Each applicant shall submit an official scholarship application no later than the annual deadline established by scholarship staff.

(2) Each applicant shall submit the following documents:

(a) the completed official International Internship Scholarship Program application published by scholarship staff;

(b) proof of enrollment at a USHE degree-granting institution;

(d) other documentation as outlined on the scholarship application or requested by scholarship staff.

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

Utah Admin. Code R765-625-6 Grant Amount

(1) Subject to available funding, OCHE shall award each qualified applicant a scholarship up to $5,000 for the International Internship Scholarship Program.

(2) Scholarship staff shall determine award amounts based on available funding and the number of qualified applicants. A student who demonstrates greater financial need may receive a higher award.

(3) Each institution shall combine available state or federal grants, designated institution funds, internship income, student employment, and family and individual contributions toward financing the cost of the internship.

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

Utah Admin. Code R765-625-7 Appeals Process

(1) An applicant has the right to appeal an adverse decision.

(2) Upon request by the applicant, scholarship staff shall provide an opportunity for the applicant to appeal an adverse decision to a committee of at least three impartial persons.

(3) The applicant shall submit the appeal in writing within 30 days of notice of an adverse decision.

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

Utah Admin. Code R765-625-8 Reporting

(2) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, International Internship Scholarship Pilot Program Fund, Student Financial Aid
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: Senate Bill 3, Appropriations Adjustments (2023)

R765-627 First Responder Mental Health Services Grant

Utah Admin. Code R765-627-1 Purpose

This rule outlines the requirements of and application process for First Responder Mental Health Services Grant Program.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-2 Authority

Section 53H-11-411 authorizes this rule.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-3 Definitions

(1) "Academic year" means the calendar year starting July 1 and ending June 30. For degree-granting institutions, this includes Fall, Summer, and Spring semesters of the corresponding academic year.

(2) "Board" means the Utah Board of Higher Education described in Section 53H-1-203.

(3) "Eligible institution" means:

(a) an institution of higher education as defined in Section 53H-1-102; or

(b) a private postsecondary institution that enters into an agreement with the Office of the Commissioner of Higher Education to participate in this grant program.

(4) "First Responder" means an individual who works in Utah as:

(a) a law enforcement officer, as defined in Section 53-13-103;

(b) an emergency medical technician, as defined in Section 53-2e-101;

(d) a paramedic, as defined in Section 53-2e-101;

(e) a firefighter, as defied in Section 34A-3-113;

(f) a dispatcher, as defined in Section 53-6-102;

(g) a correctional officer, as defined in Section 53-13-104;

(h) a special function officer, as defined in Section 53-13-105, employed by a local sheriff;

(i) a search and rescue worker under the supervision of a local sheriff;

(j) a forensic interviewer or victim advocate employed by a children's justice center established in accordance with Section 67-5b-102;

(k) a credentialed criminal justice system victim advocate as defined in Section 77-38-403 who responds to incidents with a law enforcement officer;

(l) a crime scene investigator technician;

(m) a wildland firefighter;

(n) an investigator or prosecutor of cases involving sexual crimes against children; or

(o) a civilian employee of a first responder agency who has been authorized to view or otherwise access information concerning crimes, accidents, or other traumatic events.

(5) "First responder agency" means the same as that term in defined in Section 53-21-101.

(6) "First responder volunteer" means:

(a) an individual who donates services as a first responder to a first responder agency located in Utah without pay or other compensation except:

(i) expenses that the individual actually and reasonably incurs as the supervising first responder agency approves; and

(ii) health insurance that a participant in the Volunteer Emergency Medical Service Personnel Health Insurance Program described in Section 26-8a-603 receives; or

(b) a volunteer firefighter who is not regularly employed as a firefighter service employee, but who:

(i) has received training in firefighter techniques and skills;

(ii) continues to receive regular firefighting training; and

(iii) is on the rolls of a legally organized volunteer fire department that provides ongoing training and serves a political subdivision of the state.

(7) "Retiree" means the same as that term is defined in Section 49-11-102.

(8) "OCHE" means the Office of the Commissioner of Higher Education.

(9) "Scholarship staff" means OCHE staff assigned to administer state scholarships on behalf of the board.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-4 Award Requirements

(1) To qualify for the First Responder Mental Health Services Grant, an applicant shall:

(a) be a first responder, a first responder volunteer, or a retiree who worked as a first responder in Utah; and

(b) be seeking a post-secondary degree or certification to become a mental health therapist, as Section 58-60-102 defines that term, at an eligible institution.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-5 Application Process

(1) Each applicant shall submit a grant application no later than the deadlines established in the scholarship application form.

(a) The board shall annually select and publish two periods of at least 30 days in which it will accept applications for the program.

(2) Each applicant shall submit the following documents:

(a) the completed First Responder Mental Health Services Grant application published by OCHE;

(b) documentation demonstrating the applicant's status as a first responder, first responder volunteer, or a retiree who worked as a first responder in the state;

(d) a declaration of the applicant's intention to enroll in a program that leads to certification as a mental health professional at an eligible institution; and

(e) other documents as outlined on the annual grant application or as requested by scholarship staff.

(3) The applicant may include the documents described Subsections (2)(b) through (2)(e) in the grant application described in Subsection (2)(a).

(4) Each applicant shall reapply annually to be considered for the award each year.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-6 Grant Amounts

(1) Subject to available funding, OCHE may award each qualified applicant a grant in an amount that is equal to or less than the difference between:

(a) the total cost of tuition and fees for the program in which the recipient is enrolled; and

(b) the total value of all other grants, tuition waivers, fee waivers, and scholarships that the recipient receives to attend the institution.

(2) A grant reward under Subsection 765-627-6(1) is limited to $6,000 each academic year.

(3) Each student may participate in First Responder Mental Health Services Grant for a maximum of four academic years.

(4) If the legislative appropriation is insufficient to cover the costs associated with the First Responder Mental Health Services Grant Program, the board may:

(a) prioritize renewal applications;

(b) prioritize applications for students who have been accepted into a program leading to a degree which qualifies the applicant to work as a mental health therapist;

(d) distribute grants on a pro rata basis to all eligible applicants who submitted all application material, as described in Subsection 765-627-5(2), before the application deadline.

(4) Each institution shall combine state or federal loans or grants, internships, student employment, and family and individual contributions toward financing the cost of attendance.

(5) Each institution shall combine state or federal loans or grants, internships, student employment, and family and individual contributions toward financing the cost of attendance.

(6) OCHE may reduce the grant amounts based on funding.

(7) OCHE shall disclose on the application form that the grants are subject to funding and may be reduced.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-7 Transfers

(1) Each recipient may transfer to the same program at another eligible institution and retain grant eligibility if the recipient meets all requirements in Section R765-627-4.

(2) Each transfer student shall be responsible for communication with financial aid offices at each institution and with scholarship staff in advance of the application deadline.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-8 Appeals Process

(1) An applicant has the right to appeal an adverse decision.

(2) Upon request by the applicant, the scholarship staff shall provide the applicant an opportunity to appeal an adverse decision to a committee of at least three impartial persons.

(3) Each appeal request shall be submitted in writing within 30 days of the notice of adverse decision.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

Utah Admin. Code R765-627-9 Reporting

(1) As specified by OCHE, each institution shall provide, as part of an annual institutional financial aid file submission by February 28 of each year, data pertaining to applications, awards, program enrollments, utilization, funding, and other grant information for the most recently completed academic year.

(2) OCHE may, at any time, request additional documentation or data related to the scholarship program and may review or formally audit an institution's documentation and compliance with this rule.

History

KEY: Utah Board of Higher Education, First Responder Mental Health Services Grant. Student Financial Aid
Date of Last Change: January 14, 2026
Authorizing, and Implemented or Interpreted Law: 53H-11-411

R765-628 WICHE Professional Student Exchange Program

Utah Admin. Code R765-628-1 Purpose

This rule outlines the application requirements and funding procedures for the WICHE Professional Student Exchange Program (PSEP).

History

KEY: Utah Board of Higher Education, WICHE Professional Student Exchange Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-702

Utah Admin. Code R765-628-2 Authority

Section 53H-1-702 authorizes this rule.

History

KEY: Utah Board of Higher Education, WICHE Professional Student Exchange Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-702

Utah Admin. Code R765-628-3 Definitions

(1) "Certifying officer" means the designated Commissioner's office employee who:

(a) promotes PSEP opportunities to Utah residents;

(b) processes certification applications for prospective students seeking to enroll through eligible PSEP programs; and

(c) serves as the office liaison with WICHE staff for the purposes of processing funds for each student and tracking the student's academic progress through graduation.

(2) "Commissioner's Office" means the Office of the Commissioner of Higher Education.

(3) "Bona fide resident" means, for purposes of PSEP eligibility, an applicant who is a resident of Utah and who has maintained residency within Utah for a consecutive period of at least five years before the time of application. The applicant may provide evidence of Utah residency including Utah voter registration, Utah vehicle registration, Utah driver's license or identification card, Utah state income tax return, Utah high school transcripts, Utah college transcripts, rental contract or mortgage documents and utility bills for five consecutive years before their application. Temporary absences from the state for education, religious service, humanitarian service, military service, or medical reasons, may not interrupt the continuity of the residency period for purposes of PSEP eligibility, provided that the individual maintains the intent to return to Utah as their permanent home and provides documentation to verify the applicant's continued connection to the state during their period of physical absence. The determination of whether a student qualifies as a bona fide resident for purposes of PSEP eligibility shall be based on the totality of circumstances.

(4) "PSEP" means the WICHE Professional Student Exchange Program, which is a regional exchange program for students pursuing certain professional healthcare degrees at participating universities in other WICHE states and territories whereby the student pays reduced tuition because the student's home state pays a fee to the enrolling institution to reduce tuition costs.

(5) "Support fee" means the agreed upon award amount set for each eligible program and academic year, as negotiated between WICHE and the cooperating programs and approved biennially, in even years, by the WICHE Commission.

(6) "WICHE" means the Western Interstate Commission for Higher Education.

History

KEY: Utah Board of Higher Education, WICHE Professional Student Exchange Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-702

Utah Admin. Code R765-628-4 Application

(1) Each new applicant shall submit the following to the certifying officer by October 15th of the year before admission to an eligible professional program:

(a) a completed WICHE PSEP application for Utah as published by the Utah Board of Higher Education;

(b) a signed consent and waiver form;

(d) additional documentation to verify the applicant's status as a bona fide resident of Utah for five consecutive years before the time of application, as requested.

(2) The certifying officer shall give each applicant who is certified as meeting the residency requirement in Subsection R765-628-4(6) one of the following certification statuses:

(a) "Certified/Incoming" when the applicant submits the application by October 15th and the applicant will be enrolling as a first-year student;

(b) "Alternate Certified/Enrolled" when the applicant submits the application by October 15th and the applicant is enrolled in 2nd year or beyond of professional program;

(c) "Alternate Late Certified/Incoming" when the applicant submits the application after October 15th and the applicant will be enrolling as a first-year student; or

(d) "Alternate Late Certified/Enrolled" when the applicant submits the application after October 15th and the applicant is enrolled in 2nd year or beyond of professional program.

(3) Each applicant shall notify the certifying officer of any admission offers to cooperating programs.

(4) Each WICHE school shall notify WICHE's central office of any offers.

(5) WICHE and the certifying officer shall monitor the number of certified applicants and each applicant's admission offers.

(6) To be eligible for certification, a student shall have established that they are a bona fide resident of Utah for five full consecutive years before the time of application.

(7) If a student does not receive funding and wishes to recertify for the following year, the student shall reapply and submit all required documentation for Utah certification.

History

KEY: Utah Board of Higher Education, WICHE Professional Student Exchange Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-702

Utah Admin. Code R765-628-5 Funding Applicants

(1) The number of new students funded in each approved field shall be determined by available funding.

(2) The certifying officer shall give priority for funding, before new applicants are considered, to each returning PSEP student who was awarded in prior academic years and who has remained in good academic standing.

(3) WICHE shall:

(a) track academic progress; and

(b) report concerns to the certifying officer.

(4)(a) If insufficient funding exists to award each new applicant with an admission offer, the certifying officer shall rank each new applicant, as follows:

(i) Certified/Incoming students shall be given first consideration;

(ii) then Alternate Certified/Enrolled students;

(iii) then Alternate Late Certified/Incoming; and

(iv) lastly Alternate Late Certified/Enrolled students.

(b) If further ranking is required within the groups set forth in Subsection R765-628-4(2), the certifying officer shall rank each student by the following categories until all available funding is awarded:

(i) student institutional rankings for Utah applicants, provided to WICHE confidentially;

(ii) application submission date;

(iii) cumulative undergraduate GPA; and

(iv) length of time that the student has been considered a bona fide resident.

(5) If offered funding, each student shall return the following documents no later than the deadline set by the certifying officer:

(a) a signed contract accepting the funding, agreeing to the terms of funding, and acknowledging intent to return to Utah to practice their profession upon completion of the program; and

(b) a copy of the student's final acceptance letter to an approved optometry or podiatry program.

(6) If the student fails to submit the required documentation by the established deadline, the student may forfeit the student's PSEP eligibility.

(7) Each student receiving military, federal, or private scholarships or full fellowships that cover tuition shall be ineligible to receive WICHE support.

(8) The certifying officer shall consider each case in which tuition is partially covered on an individual basis.

History

KEY: Utah Board of Higher Education, WICHE Professional Student Exchange Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-702

Utah Admin. Code R765-628-6 Continued Eligibility

(1) Upon certifying and awarding a student, the Utah Board of Higher Education shall continue to provide a support fee for that student through the normal duration of the program, as defined by WICHE with the standard program in optometry and podiatry being four years in duration, and subject to;

(a) the appropriation of necessary funds; and

(b) the student being in good academic standing, as defined by the attending institution.

(2) WICHE shall:

(a) monitor academic progress annually until each degree requirement has been met; and

(b) communicate any changes in status, such as leave of absence or academic probation, with the certifying officer.

(3) The Commissioner's office may not support any student for duplicative coursework.

(4) The certifying officer may request documentation to verify continued enrollment, continuous Utah residency, intent to return to Utah post-graduation, or other pertinent information to remain eligible for funding.

History

KEY: Utah Board of Higher Education, WICHE Professional Student Exchange Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-702

Utah Admin. Code R765-628-7 Leave of Absence

(1) A student may request a leave of absence for unexpected or sudden circumstances that arise after the student enrolls in an eligible program.

(2) The student shall obtain an approved leave of absence from the student's enrolling program.

(3) Once institutional approval is obtained, the certifying officer may approve a leave of absence for purposes of PSEP for no more than one year at a time.

(4) The certifying officer and the enrolling program shall notify WICHE of the approved leave of absence.

(5) The certifying officer may reduce a student's funding upon return to enrollment if funding has been provided for incomplete or failed coursework.

(6) The certifying officer may require a student to reapply for PSEP funding upon return if the student's leave of absence extends for more than one year.

History

KEY: Utah Board of Higher Education, WICHE Professional Student Exchange Program, Student Financial Aid
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-702

R765-800 Free Expression on Campus

Utah Admin. Code R765-800-1 Purpose

In accordance with Title 53H, Chapter 7, Part 3, Student Civil Liberties Protection Act, the rule establishes general rights to expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions.

History

KEY: civil liberties, free speech
Date of Last Change: September 1, 2026
Notice of Continuation: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R780-800-2 Authority

This rule is authorized by Section 53H-7-302.

History

KEY: civil liberties, free speech
Date of Last Change: September 1, 2026
Notice of Continuation: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R780-800-3 Definitions

(1) "Free Expression" means all forms of verbal, written, or symbolic communication, including peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials.

(2) "Free expression" does not include speech or conduct that is not recognized as protected by the First Amendment to the U.S. Constitution and Article 1, Section 15 of the Utah Constitution, including speech or conduct that is a true threat, fraudulent, harassment, obscene, defamatory, or otherwise unlawful.

History

KEY: civil liberties, free speech
Date of Last Change: September 1, 2026
Notice of Continuation: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R780-800-4 General Rights of Free Expression on Campus

(1) Each institution shall uphold and promote free expression on campus. Except as limited by regulations consistent with the law and this rule, the following principles shall apply:

(a) each student and member of the faculty and staff shall have the right to express views and ideas, and shall be free to criticize, contest, and condemn views expressed on campus and

(b) no student or member of the faculty and staff may obstruct, disrupt, suppress or otherwise interfere with the freedom of others to express views and ideas.

(2) Each institution's outdoor areas are public forums.

(3) Subject to Section R765-800-5, an institution may not prohibit:

(a) a member of the institution's community or the public from spontaneously and contemporaneously assembling in an outdoor area of the institution's campus; or

(b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the institution's campus if the person's conduct is lawful.

History

KEY: civil liberties, free speech
Date of Last Change: September 1, 2026
Notice of Continuation: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-800-5 Time, Place and Manner Restrictions

(1) An institution may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the institution's ordinary activities. This restriction includes established procedures for engaging in organized speech activities, such as protest marches or invited speakers.

(2) These exceptions to the principle of freedom of expression must be viewpoint neutral, generally content neutral, narrowly tailored, and leave ample opportunity for alternative means for expression. Institutions may not use these exceptions in a manner that is inconsistent with the institution's commitment to free and open discussion of ideas.

History

KEY: civil liberties, free speech
Date of Last Change: September 1, 2026
Notice of Continuation: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R780-800-6 Incorporation of Institution Policies

(1) The following institutions have adopted the following policies that are incorporated by reference within this rule:

(a) Utah State University's Policy 2105: Free Expression and Assembly, October 28, 2025;

(b) Weber State University's:

(i) PPM 6-22, Student Code, May 16, 2023;

(ii) PPM 5-38, Use of Facilities for Events, February 2, 2023; and

(iii) PPM 7-10, Posting and Distribution of Written Materials on Campus, October 3, 2017;

(d) Utah Valley University's Policy 161 Freedom of Speech, May 8, 2025;

(e) Snow College's:

(i) Student Rights and Responsibilities, 2025-2026; and

(ii) Policy 125, Free Speech, December 8, 2017;

(f) Southern Utah University's Policy 5.1, Free Speech and Expression on Campus, December 13, 2024;

(g) Utah Tech University's:

(i) Policy 110, Free Speech and Assembly, July 15, 2025; and

(ii) Policy 552, Student Conduct Code, March 5, 2026;

(h) Salt Lake Community College's Policy 8.1.040, Campus Speech, August 1, 2018;

(i) Davis Technical College's Free Expression on Campus Policy, September 25, 2025;

(j) Dixie Technical College's Student Free Expression Rule, September 24, 2019;

(k) Mountainland Technical College's Policy 500.551, Free Expression, December 21, 2022;

(l) Ogden-Weber Technical College's Policy 500.2, Free Expression on Campus, June 7, 2023; and

(m) Southwest Technical College's:

(i) Grievance Policy, May 2, 2024;

(ii) Student Code of Conduct Policy, September 11, 2025; and

(iii) Title IX Policy, January 15, 2026.

History

KEY: civil liberties, free speech
Date of Last Change: September 1, 2026
Notice of Continuation: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-302

R765-802 Weapons on Campus

Utah Admin. Code R765-802-1 Purpose

In accordance with Title 53H, Chapter 7, Part 3, Student Civil Liberties Protection Act, this rule establishes general rights and restrictions on possessing weapons on campus.

History

KEY: civil liberties, due process, weapons
Date of Last Change: September 1, 2026
Notice of Continuation: January 6, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-802-2 Authority

This rule is authorized by Section 53H-2-302.

History

KEY: civil liberties, due process, weapons
Date of Last Change: September 1, 2026
Notice of Continuation: January 6, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-802-3 Possession of Weapons on Campus

Each institution shall comply with and enforce the following state laws governing firearms on campus:

(1) Title 53H, Chapter 7, Part 3, Student Civil Liberties Protection Act;

(2) Title 76, Chapter 3, Part 2, Sentencing; and

(3) Title 76, Chapter 11, Weapons.

History

KEY: civil liberties, due process, weapons
Date of Last Change: September 1, 2026
Notice of Continuation: January 6, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

Utah Admin. Code R765-802-4 Incorporations of Institution Policies

(1) The following institutions have adopted the following policies that are incorporated by reference within this rule:

(a) Weber State University's PPM 5-35a, Firearms on Campus, August 10, 2010;

(b) University of Utah's Policy 1-003, Firearms on Campus, September 24, 2007;

(d) Ogden-Weber Technical College's:

(i) Student Rights and Code of Conduct, 530.4, December 4, 2025; and

(ii) Employee Conduct, 520.30, August 10, 2024.

History

KEY: civil liberties, due process, weapons
Date of Last Change: September 1, 2026
Notice of Continuation: January 6, 2026
Authorizing, and Implemented or Interpreted Law: 53H-7-302

R765-901 Talent Ready Connections Program

Utah Admin. Code R765-901-1 Title

This rule is known as the "Talent Ready Connections Program Rule."

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-2 Purpose

The purpose of this rule is to provide for the administration of the Talent Ready Connections Program, which is a program created to support a system of youth apprenticeships, pre-apprenticeship, adult apprenticeship, and work-based learning opportunities tailored to the specific workforce needs of high demand industries.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-3 Authorization

This rule is authorized by Subsection 53H-13-310(7).

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-4 Definitions

The following terms are defined:

(1) "Board" means the Utah Board of Higher Education.

(2) "Coordinator" means a full-time employee who is hired by an education partner under Subsection 53H-13-310(5) to develop apprentice programs or work-based learning programs and is responsible for regular reporting to and receiving training from the director of the talent program.

(3) "Educational administration" means any institutional administration percentage costs associated with a TRU grant.

(4) "Education partner" means a public high school or institution in the state system of higher education that partners with a participating employer and has received a TRU grant.

(5) "High demand industry" means an industry in which there are hard to fill jobs with a lack of skilled labor employees or a large number of skilled labor positions.

(6) "Talent board" means the Talent, Education, and Industry Alignment Board created in Section 53H-13-302.

(6) "Talent program" means the Talent Ready Utah Program created in Section 53H-13-303.

(7) "TRU grant" means the competitive grants awarded and administered under Section 53H-13-310 and this rule.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-5 Method for Selecting Education Partners

(1) Subject to available funds, the talent program shall accept proposals for TRU grants on a rolling basis.

(2) Proposals shall be submitted in a form and manner specified by the talent program.

(3) The talent board shall review and prioritize each proposal received and determine whether the proposal should be funded, using the following criteria:

(i) the quality and completeness of the elements of the proposal described in Subsection 53H-13-310(3)(a);

(ii) the quality of the optional elements of the proposal described in Subsection 53H-13-310(3)(b);

(iii) to what extent the proposal would expand the capacity to meet state or regional workforce needs; and

(iv) other relevant criteria as determined by the talent board.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-6 Grant Amount, Award, and Required Contract

(1) The talent program shall have the discretion to limit the maximum amount of funding that may be awarded for each TRU grant.

(2) Upon award of a TRU grant, and before disbursement of any funds, an education partner shall enter into a contract with the talent program governing the use of TRU grant funding.

(3) Unless otherwise addressed in the terms and conditions of the contract, each education partner shall maintain eligibility status for the TRU award until the:

(a) partnership is complete;

(b) scope of work requirements have been met;

(d) reporting requirements have been met.

(4) Any misrepresentation to the talent program may result in:

(a) forfeiture of TRU grant funding;

(b) repayment of funding received; and

(5) The talent program reserves the right to audit the use of any TRU grant funding.

(6) TRU grant funding may not be used to provide a primary benefit to a participating employer's operations outside the state.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-7 Contract Modifications

(1) Each education partner may request a modification to the terms of a contract.

(2) The talent program may deny a modification request for any reason.

(3) The talent program shall have discretion to agree to reasonable, non-substantive changes that may include:

(a) changes to timelines within the scope of work;

(b) corrections to clerical errors in the proposal materials; and

(c) technical changes to conditions that do not alter the budget, participating employer's eligibility status, or violate any state or federal law.

(4) Substantive changes must be approved by the talent program in consultation with the talent board.

(5) Approved changes shall be made in writing and through an amendment modifying the terms of the contract.

(6) At the discretion of the talent program, an education partner's refusal or failure to sign the contract within 90 days of receipt of the contract may constitute a rejection of the TRU grant and a waiver of any rights and benefits.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-8 Funding Distribution

(1) The talent program shall reimburse the education partner for no more than the total amount specified in the contract.

(2) Payment shall be made for those costs authorized and approved by the talent program in accordance with the terms and conditions provided in the contract and as reasonably requested.

(3) Failure to successfully complete the scope of work requirements may result in:

(a) repayment of the grant funding received;

(b) termination of the contract; or

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-9 Reporting and Cooperation Requirements

(1) The education partner shall report to the talent program annually and on a regular basis as reasonably requested by the talent program.

(2) At a minimum, the education partner shall provide documentation of the following:

(a) the number of participants in the program;

(b) the number of participants who have completed each phase offered by the program;

(d) any additional data as required and outlined in the terms of the contract.

(3) Each education partner shall submit to any audit requested to verify reported data including a third-party audit at the request of the talent program.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

Utah Admin. Code R765-901-10 Coordinator Duties and Responsibilities

(1) Each coordinator shall:

(a) oversee youth apprenticeship program, pre-apprenticeship, and adult apprenticeship expansion for dedicated career and technical education region;

(b) coordinate with potential participating employers;

(d) hold and convene working group meetings for each partnership;

(e) prepare marketing materials for featured programs;

(f) coordinate student outreach efforts between industry and education partners;

(g) apply for funding opportunities where available;

(h) learn best practices from other states;

(i) facilitate memorandum of understanding discussions for local partnerships;

(j) organize training and marketing events;

(k) develop strong relationships with education and industry partners; and

(l) any other duties as determined by the talent program.

(2) Each coordinator shall be responsible for the following interactions with the talent program:

(a) monthly calls with the talent program director;

(b) monthly group conversations or training sessions with other coordinators;

(d) collaboration on program replication and expansion;

(e) involving the talent program director in prospective partnership discussions;

(f) shared marketing effort;

(g) using established messaging for program and shared marketing material when applicable; and

(h) sharing success stories and events with the center.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, talent program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-310

R765-902 Utah Works Program

Utah Admin. Code R765-902-1 Title

This rule is known as the "Utah Works Program Rule."

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-2 Purpose and Goals

(1) The Utah Works Program promotes partnerships between companies and post-secondary institutions to fill high demand positions and provide skills training. This program teams industry, post-secondary institutions, and state agencies to address specific workforce gaps identified by companies.

(2) The goal of UWP is to accelerate hiring and skills training that will lead to economic growth.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-3 Authority

This rule is authorized by Subsection 53H-13-307(4).

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-4 Definitions

The following terms are defined:

(1) "Applicant" means a collaboration between one or more companies and one or more post-secondary institutions for a particular hiring program.

(2) "Awardee" means an applicant that has been awarded a UWP grant.

(3) "Board" means the Utah Board of Higher Education.

(4) "Collaboration" means the strategic coordination between a company and post-secondary institution to address a skilled labor gap.

(5) "Company" means a corporation, limited liability company, partnership, association, or other business entity and may include a federal military installation when such entity otherwise meets UWP eligibility requirements and does not include an individual, sole proprietorship, or educational institution.

(6) "Company representative" means a representative from a company that is designated to support the efforts of the collaboration.

(7) "High demand position" means a position in which there are hard to fill jobs with a lack of skilled labor employees or a large number of skilled labor positions needed in a short amount of time.

(8) "Pre-hire program" means an applicant's plan to vet potential hires before the skills training. The pre-hire program will typically consist of a training lasting from two days to two weeks.

(9) "Post-secondary institution" means an institution of higher education described in Section 53H-1-102.

(10) "Skilled labor" means jobs that require skills training and a level of skill.

(11) "Skilled labor gap" means the disparity between a company's existing or future skill needs.

(12) "Skills training program" means a training plan developed and agreed upon between the post-secondary institution and a company.

(13) "TRU" means the Talent Ready Utah Program created in Section 53H-13-303.

(14) "UWP" means the Utah Works Program.

(15) "UWP grant" means the competitive grants awarded and administered under this rule.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-5 Eligibility Criteria

(1) Each proposal must be jointly developed by a company and a post-secondary institution.

(2) Each proposal must satisfy the requirements of Section R765-902-6, and as otherwise specified by TRU.

(3) Each company representative must certify that:

(a) the company has a skilled labor gap;

(b) the proposed post-secondary institution partnership will meet that gap need;

(d) the company commits to provide a cost-share contribution as outlined in Subsection R765-902-5(6).

(4) Each company must have a substantial presence in Utah. Substantial presence, for purposes of UWP requires:

(a) the company must be properly registered with the Utah Division of Corporations as an active, for-profit business entity, in good standing; and

(b) the company must be properly licensed in the appropriate city or county.

(5) TRU shall, according to its judgment and discretion, determine whether a company has a substantial presence for purposes of a UWP grant by weighing:

(a) likelihood that the company will maintain a significant presence in the state;

(b) a commitment of capital expenditure and new job creation in the state; and

(6) Each company must fulfill the following cost-sharing requirements:

(a) provide a company representative to support the collaboration;

(b) provide an "in-kind" contribution, approved by TRU, which may include:

(i) company representative's time spent on the collaboration;

(ii) materials and equipment;

(iii) work or research space;

(iv) travel and other company expenses budgeted for the collaboration; or

(v) other contributions approved by TRU; and

(7) Each applicant may coordinate with the Department of Workforce Services when building pre-hire program objectives.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-6 Proposal and Submission Process

(1) TRU will accept proposals for UWP grants on an ongoing basis subject to available funds.

(2) Each applicant shall submit a proposal in a form and manner specified by TRU.

(3) The proposal must include:

(a) a description of the applicant's eligibility;

(b) a detailed description of pre-hire program, if applicable, and skills training program;

(d) projected number of individuals who will start the program, finish the program and be successfully hired;

(e) an executed collaboration agreement between the company and post-secondary institution; and

(f) an outlined budget for total program cost, including:

(i) a description of any funds already secured for activities related to the program;

(ii) breakdown of costs to complete the scope of work;

(iii) an itemized budget detailing planned use of grant funds, including how the funding will be allocated, tracked, and reported.

(4) Each awardee must use grant funds for expenses specific to the program and may include:

(a) instructors;

(b) marketing;

(d) equipment maintenance;

(e) tuition reimbursements;

(f) curriculum and program development;

(g) program management;

(h) US security clearances; and

(i) travel for training from rural areas as approved by TRU.

(5) Each completed proposal shall be reviewed and each awardee selected via the criteria and method outlined in this rule.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-7 Method for Selecting Awardees

(1) TRU shall evaluate grant proposals and recommend grant amounts.

(2) TRU shall, according to its discretion and judgment, review the applicant's proposal by considering:

(a) statewide or regional importance of the industry to Utah's economy;

(b) relative size of the sector, its stability, and growth potential;

(d) the current availability of other sources of funding;

(e) the potential for the industry to develop new jobs and business opportunities in the state;

(f) likelihood that skilled labor in this sector will result in the creation of a company in Utah or growth of existing Utah company;

(g) number of positions to be trained and filled;

(h) impact on the local economy; and

(i) any other factor TRU deems relevant, considering the mission of UWP and the purpose of the UWP grant.

(3) The criteria shall be designed to assess each proposal and may include:

(a) completeness of proposal;

(b) thorough pre-hire program and skills training program;

(d) reasonableness of the proposed timeline;

(e) reasonableness of the proposed budget;

(f) availability of UWP grant funds;

(g) potential for economic impact, as measured by:

(i) skilled labor gap mitigation;

(ii) meeting target head count;

(iii) potential revenue due to expansion of current business or development of new businesses;

(iv) projected time to fill job needs;

(v) market need or industry impact; and

(vi) any other factor of the applicant's ability to produce measurable and timely benefits to the state; and

(h) any factor relating to eligibility requirements.

(4) UWP grants must be used to mitigate gaps and meet company hiring demands. The program proposals referenced in Section R765-902-6 must identify specific pre-hire program and skills training.

(5) In the event of a favorable recommendation by TRU the proposal will be reviewed by the Talent, Education, and Industry Alignment Board using the same criteria.

(6) An applicant will become an awardee only upon approval by TRU and the Talent, Education, and Industry Alignment Board.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-8 Grant Amount, Award, and Required Contract

(1) TRU shall have the discretion to limit the maximum amount of funding that may be awarded for each UWP grant based on available funds, scope of the collaboration, and quality of proposal.

(2) TRU reserves the right to award funding for any proposal in full or in part, to request additional information, or to reject any proposals based on the eligibility and evaluation criteria set forth in this rule or Utah law, and according to the judgment and discretion of TRU. TRU also reserves the right to certify any agreements between a post-secondary institution and company on IP terms and confidentiality.

(3) Upon award of a UWP grant, and before disbursement of any funds, the awardee must enter into a contract with the Board governing the use of UWP grant funding.

(4) Unless addressed in the terms and conditions of the contract between the awardee and the Board the following provisions shall apply:

(a) UWP grant funding may not be used to provide a primary benefit to any state other than Utah.

(b) Subject to TRU approval, TRU may, via supplemental contract, allocate grant funds directly to an awardee company to pay for the cost of U.S. security clearances for UWP grant program hires where a U.S. security clearance is required as a condition of the position.

(c) For any other eligibility requirements, awardees must maintain eligibility status for the UWP program until the collaboration is complete, scope of work requirements have been met, final disbursement of funding has been made, and first year reporting has been completed.

(5) Any misrepresentation to TRU or violations of this rule may result in forfeiture of UWP grant funding and require repayment of the funding received as part of UWP grant or disqualification from continued funding.

(6) TRU reserves the right to audit the use of any UWP grant funding.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-9 Contract Modifications

(1) Each awardee may request a modification to the terms of a UWP contract.

(2) TRU may deny a modification request for any reason.

(3) TRU shall have discretion to agree to reasonable, nonsubstantive changes which may include:

(a) changes to timelines within the scope of work;

(b) corrections to clerical errors in the proposal materials; and

(c) technical changes to conditions that do not alter the budget, company's eligibility status, or violate any state or federal law.

(4) Substantive changes must be approved by TRU in consultation with the Talent, Education, and Industry Alignment Board.

(5) Approved changes shall be made in writing and through an amendment modifying the terms of the grant contract.

(6) The awardee's refusal or failure to sign the contract within 90 days of receipt of contract constitutes a rejection of the UWP grant and a waiver of any rights and benefits.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-10 Funding Distribution

(1) TRU shall reimburse the awardee for no more than the total amount specified in the contract.

(2) Payment shall only be made for those costs authorized and approved by TRU after providing sufficient documentation in accordance with the terms and conditions provided in the contract.

(3) After execution of the contract between the Board and the awardee:

(a) the awardee may receive up to 50% of the total grant amount, subject to TRU approval; and

(b) the remaining funds shall be disbursed on a reimbursement basis, as outlined in scope of work and after company provides sufficient evidence of initial expenditures.

(4) Failure to successfully complete the scope of work requirements may result in a recapture of any of the grant funding and will be grounds to terminate the contract and any future funding.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

Utah Admin. Code R765-902-11 Reporting and Cooperation Requirements

(1) Each awardee shall report to TRU and provide the following documentation evidencing metrics for inclusion in the annual report described in Subsection 53H-13-307(5):

(a) the number of participants in the program;

(b) how program participants learned about or were referred to the program;

(d) the number of participants who have been hired by a business participating in the program; and

(e) any additional data needed as required and outlined in the terms of the contract.

(2) Each awardee shall submit to any audit, by TRU or a third-party, to verify reported data.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, works program
Date of Last Change: April 23, 2026
Authorizing, and Implemented or Interpreted Law: 53H-13-303; 53H-13-307

R765-905 Utah Engineering and Computer Science Initiative

Utah Admin. Code R765-905-1 Purpose

The purpose of this rule is to provide policy and procedures for administering the Utah Engineering and Computer Science Initiative.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, engineering, computer science, program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-602

Utah Admin. Code R765-905-2 Authority

This rule is authorized by Section 53H-1-602.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, engineering, computer science, program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-602

Utah Admin. Code R765-905-3 Definitions

(1) "Board" means Utah Board of Higher Education.

(2) "Qualifying institution" means a college or university in the Utah System of Higher Education under Section 53-H- 1-102 which offers one or more qualifying programs.

(3) "Qualifying Program" means an accredited engineering, computer science, or related technology degree program. Related technology degree programs include associates, bachelors, masters, and doctorate degrees from the following CIP Code Families:

(a) CIP Code Family 11: Computer and Information Sciences and Support Services;

(b) CIP Code Family 14: Engineering;

(4) "Engineering and computer science talent advisory council" means a talent advisory council created by the talent board to make recommendations to the Utah Board of Higher Education regarding the administration of an engineering and computer science talent initiative.

(5) "UECSI" means the Utah Engineering and Computer Science Initiative.

(6) "USHE" means the Utah System of higher Education.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, engineering, computer science, program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-602

Utah Admin. Code R765-905-4 Policy

(1) The purpose of the Utah Engineering and Computer Science Initiative (UECSI) is to increase the number of graduates in engineering, computer science, and related technology.

(2) UECSI improves the quality of instructional programs in engineering, computer science, and related technology by providing supplemental money for equipment purchases and providing incentives to qualifying institutions to hire and retain faculty. This includes funding for new and renovated capital facilities and funding for new engineering and computer science programs.

(3) The UECSI funds shall be used for degree programs in the areas of engineering, computer science, and related technology programs. The distribution of funds to qualifying institutions shall be based on a formula developed by the Engineering and Computer Science Talent Advisory Council.

(4) The Engineering and Computer Science Talent Advisory Council shall evaluate and rank each proposal submitted by a qualifying institution.

(5) The funding amount shall be based on:

(a) The quality and completeness of the elements of the proposal; and

(b) The extent to which the proposed program would:

(i) Expand the capacity to meet state or regional workforce needs related to the talent initiative;

(ii) Integrate industry-relevant competencies with disciplinary expertise;

(iii) Incorporate internships or significant project experiences, including team-based experiences;

(iv) Identify how industry professionals would participate in elements described in the initiative;

(v) Is cost effective; and

(vi) Other relevant criteria determined by the Engineering and Computer Science Talent Advisory Council.

(6) The Engineering and Computer Science Talent Advisory Council shall make recommendations to the Board on the allocation and distribution of UECSI funds to qualifying institutions.

(7) The Board decides whether to approve the recommended distribution of UECSI funds.

(8) The Office of the Commissioner of Higher Education, through Talent Ready Utah, will provide staff support to the Engineering and Computer Science Talent Advisory Council.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, engineering, computer science, program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-602

Utah Admin. Code R765-905-5 Funds

(1) Qualifying institutions shall match the funds provided by UECSI on a one-to-one basis.

(2) Funds shall only be used for the following purposes:

(a) Hiring, recruiting, and retaining outstanding faculty in engineering, computer science, and related technology fields;

(b) Supplemental money for equipment purchases; and

History

KEY: Utah Board of Higher Education, talent education and industry alignment, engineering, computer science, program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-602

Utah Admin. Code R765-905-6 Reporting

Each qualifying institution that receives funding shall annually provide a written report to the Board regarding the activities, successes, and challenges related to administering the program including:

(1) The amount of funding provided to the qualifying institution that includes the one-to-one funding match;

(2) The number of participating students in each program;

(3) The number of graduates of the program;

(4) The number of graduates of the program employed in jobs requiring skills related to the talent initiative; and

(5) Progress and achievements relevant to the implementation timeline submitted in the proposal.

History

KEY: Utah Board of Higher Education, talent education and industry alignment, engineering, computer science, program
Date of Last Change: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 53H-1-602

R765-1001 Utah Data Research Center

Utah Admin. Code R765-1001-1 Authority

This rule is authorized by Subsection 53H-15-303(9).

History

KEY: Utah Board of Higher Education, Utah Data Research Advisory Board, data research program
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-15-303

Utah Admin. Code R765-1001-2 Background; Definitions

(1) This rule governs data research requests made to the Utah Data Research Center established pursuant to Section 53H-15-302.

(2) The following definitions apply:

(a) "Advisory board" means the Utah Data Research Advisory Board created in Section 53H-15-203.

(b) "Board" means the Utah Board of Higher Education.

(d) "Director" means the director of the Center.

(e) "Primary requester" means one of the following:

(i) a legislative committee or a legislative staff office;

(ii) the governor or an executive branch agency;

(iii) the State Board of Education; or

(iv) the Utah Board of Higher Education.

(f) "Ancillary requester" means one of the following:

(i) a state government entity that is not a primary requester;

(ii) a political subdivision of the state;

(iii) a private entity; or

(iv) a member of the public.

(g) "Requester" means a person making a data research request.

History

KEY: Utah Board of Higher Education, Utah Data Research Advisory Board, data research program
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-15-303

Utah Admin. Code R765-1001-3 Data Research Request Procedures

(1) Data research requests shall be submitted via an electronic form available on the center's website.

(2) Each data research request must include the information set forth in Section R765-1001-4. If the requester fails to include that information:

(a) in the case of a primary requester, the center shall seek the necessary additional information and clarification from the requester, and may decline to act on the request until the necessary additional information and clarification is received;

(b) in the case of an ancillary requester, the center may:

(i) seek the necessary additional information and clarification from the requester, and may decline to act on the request until the necessary additional information and clarification is received; or

(ii) deny the request and provide to the requester the reasons for the denial of the request.

(3)(a) If the center accepts a data research request from an ancillary requester, the center shall submit to the ancillary requester a payment agreement setting forth at least the following:

(i) the reasonable estimated cost of completing the data research request; and

(ii) the obligation of the ancillary requester to pay the full cost of completing the data research request, even if the full cost differs from the reasonable estimated cost.

(b) The ancillary requester shall execute the payment agreement and return it to the center. If the ancillary requester fails or refuses to execute and return the payment agreement, the center may decline the data research request.

History

KEY: Utah Board of Higher Education, Utah Data Research Advisory Board, data research program
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-15-303

Utah Admin. Code R765-1001-4 Criteria for Priority of Data Research Requests

(1) The director, with consultation by the advisory board, shall use the following criteria to determine the priority of the data research requests the center receives:

(a) the type of requester;

(b) the potential of the requester's research to lead to meaningful policy changes or other meaningful impacts for members of the general public; and

(2) The director, with consultation by the advisory board, shall evaluate the criteria described in Subsection (1) and assign a numerical score for each data research request. The data research request with the highest score shall be given the highest priority. Remaining data research requests are sorted in order thereafter.

(3) The director, with consultation by the advisory board, may, in the director's discretion, deviate from the criteria described in Subsection (1) if the requester makes a showing of compelling public interest sufficient to justify deviating from the criteria.

History

KEY: Utah Board of Higher Education, Utah Data Research Advisory Board, data research program
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-15-303

Utah Admin. Code R765-1001-5 Information Required for Data Research Requests

(1) The following information shall be included in each data research request:

(a) the name of the requester;

(b) the agency or organization with which the requester is affiliated, if any;

(c) the requester's thesis, together with the research questions the requester is seeking to answer, described in sufficient detail to allow the center to properly evaluate the request;

(d) a specific description of the data the requester is seeking, including the date ranges and the variables being studied; and

(e) any applicable timeframes or deadlines by which the requester seeks to obtain the data being requested.

(2) The center may request other information in addition to the information listed in Subsection (1).

History

KEY: Utah Board of Higher Education, Utah Data Research Advisory Board, data research program
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-15-303

R765-1010 Data Breaches

Utah Admin. Code R765-1010-1 Purpose

This rule defines "significant data breach" under Subsection 53H-14-504(2) and establishes standards for an education entity to protect student data by notifying students of significant data breaches under Subsections 53H-14-502(5)(b)(i) and 53H- 14-504(1).

History

KEY: Utah Board of Higher Education, Data Breaches, Student Data Protection
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-14-504

Utah Admin. Code R765-1010-2 Authority

Section 53H-14-504 authorizes this rule.

History

KEY: Utah Board of Higher Education, Data Breaches, Student Data Protection
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-14-504

Utah Admin. Code R765-1010-3 Definitions

The definitions set forth in Section 53H-14-501 shall apply to this rule, except that the definition of "personally identifiable student data" shall not include information designated as directory information in accordance with the education entity's directory information policy, as described in 34 CFR 99.37 (December 2, 2011).

History

KEY: Utah Board of Higher Education, Data Breaches, Student Data Protection
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-14-504

Utah Admin. Code R765-1010-4 Significant Data Breaches

(1) Except as provided in Subsection (2), a data breach shall be significant if the education entity that maintains the personally identifiable student data released, accessed, or disclosed in the breach determines that there is a moderate or high probability of substantial harm to the student based on a risk assessment considering the following factors based on the totality of the circumstances:

(a) the nature and extent of the personally identifiable student data involved, including the types of identifiers and the likelihood of re-identification;

(b) the degree to which the release, access, or disclosure of the personally identifiable student data breached could be used for unlawful purposes including subjecting an affected student to an invasion of privacy, heightened risk of unlawful discrimination, or identity theft or fraud;

(d) the likelihood that an unauthorized person acquired or viewed the personally identifiable student data;

(e) the extent to which the education entity has mitigated the potential harm and risk to the student;

(f) the extent to which prompt notification would allow affected students to further mitigate the harm and risk to them in addition to the actions that the education entity can take itself; and

(g) other factors that affect the likelihood that the incident is likely to result in substantial harm to the student.

(2) A data breach may not be significant to the extent that the breach involves:

(a) any inadvertent or unintentional acquisition, access, or use of personally identifiable student data by an employee or other person acting under the authority of an education entity or third-party contractor to another employee or other person acting under the authority of an education entity or third-party contractor, if such acquisition, access, or use was made in good faith and within the scope of authority and does not result in further use or disclosure in a manner not permitted under Title 53H, Chapter 14, Part 5, Higher Education Student Data Protection, or 34 CFR Part 99, Family Educational Rights and Privacy;

(b) a disclosure of personally identifiable student data where an education entity or third-party contractor has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain, use, or disclose such student data;

(c) a disclosure of personally identifiable student data where the education entity has implemented safeguards, such as encryption, which the education entity has a good faith belief that makes the personally identifiable student data unreadable or unusable;

(d) a disclosure of personally identifiable student data that the education entity lawfully published or was otherwise lawfully in the public domain before the disclosure; or

(e) a disclosure of the personally identifiable student data of fewer than 25 individuals.

History

KEY: Utah Board of Higher Education, Data Breaches, Student Data Protection
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-14-504

Utah Admin. Code R765-1010-5 Notification of Significant Data Breaches

(1)(a) If a significant data breach occurs either at an educational entity or a third-party contractor using data disclosed by an educational entity, the educational entity shall notify each student in writing whose personally identifiable student data was disclosed.

(b) The notification shall include all components of the model data breach notification prepared under Subsection 53H- 14-502(4)(b)(iii). An education entity may add additional content to the notification.

(c) The educational entity may communicate the notification by any written means that the education entity routinely uses for official communications with individual students.

(2) An education entity that provides notice of a data breach to affected individuals as required under any other law is deemed to have met the requirements of this rule with regard to the individuals so notified.

(3) For notifications regarding release, access, or disclosure of a record containing protected health information as defined in 45 CFR Part 164, Standards for Privacy of Individually Identifiable Health Information, the education entity shall comply with that part.

(4) The Office of the Commissioner of Higher Education may develop and communicate to each institution guidelines for compliance with this rule.

History

KEY: Utah Board of Higher Education, Data Breaches, Student Data Protection
Date of Last Change: April 7, 2026
Authorizing, and Implemented or Interpreted Law: 53H-14-504

R784 Salt Lake Community College

R784-1 Government Records Access and Management Act Rules

Utah Admin. Code R784-1-1 Purpose

The purpose of the following rule is to provide procedures for access to government records at Salt Lake Community College.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-2 Authority

The authority for the following rule is Section 63G-2-204 and Section 63A-12-104 of the Government Access and Management Act (GRAMA), effective July 1, 1992.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-3 Allocation of Responsibility Within Entity

Salt Lake Community College, including campuses, centers, satellites, and locations, shall be considered a single governmental entity and the President of Salt Lake Community College shall be considered the head.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-4 Requests for Access

(1) Requests for access to government records of Salt Lake Community College shall be written and made to the college's designated records officer. GRAMA requests sent to other persons within Salt Lake Community College may go unfilled or responses may be delayed.

(2) Students requesting their own records and employees requesting their own official personnel file are exempted from using the written request outlined in this document.

(3) Any appeals of denied requests will be reviewed by the Chief Administrative Officer. Requests for appeal should be written and made to the Chief Administrative Officer. See Subsections 63G-2-205(2)(c) and 63G-2-401(1).

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-5 Fees

A fee schedule for the direct and indirect costs of duplicating or compiling a record may be obtained from Salt Lake Community College by contacting the records officer. Salt Lake Community College may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed $50, or if the requester has not paid fees from previous requests.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-6 Waiver of Fees

Fees for duplication and compilation of a record may be waived under certain circumstances described in Subsection 63G-2-203(4).

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-7 Request for Access for Research Purposes

Access to private or controlled records for research purposes is allowed by Subsection 63G-2-202(8). Requests for access to such records for research purposes may be made to the records officer.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-8 Requests for Intellectual Property Records

Materials, to which Salt Lake Community College owns the intellectual property rights, may be duplicated and distributed in accordance with Subsection 63G-2-201(11). Decisions with regard to these rights will be made by the Office of the General Counsel. Any questions regarding the duplication and distribution of such materials should be addressed to that office.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-9 Requests to Amend a Record

An individual may contest the accuracy or completeness of a document pertaining to them pursuant to Section 63G-2- 603. Such requests should be made to the records officer.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-10 Appeals of Request to Amend a Record

Appeals of requests to amend a record shall be handled as informal hearings under the Utah Administrative Procedures Act.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

Utah Admin. Code R784-1-11 Time Period Under GRAMA

Written requests made to the records officer will be responded to according to the time periods specified under GRAMA 63G-2-204. Response to a request submitted to other persons within Salt Lake Community College may be delayed.

History

KEY: GRAMA, SLCC
Date of Last Change: July 17, 2024
Notice of Continuation: February 16, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-12-104

R784-2 Free Expression on Campus

Utah Admin. Code R784-2-1 Purpose

In accordance with Title 53H, Chapter 7, Part 2, Campus Free Expression, this rule establishes general rights to expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions.

History

KEY: campus speech, free expression
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-2; 53H-7-3

Utah Admin. Code R784-2-2 References

(1) United States Constitution, Amendment 1, Freedom of Expression and Religion.

(2) Utah Constitution, Article 1, Section 15, Freedom of Speech and of the Press.

(3) Section 53H-7-2.

(4) Section 53H-7-3.

History

KEY: campus speech, free expression
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-2; 53H-7-3

Utah Admin. Code R784-2-3 Definitions

(1) "Free expression" means any form of verbal, written, or symbolic communication, including peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials.

(2) Free expression does not include speech or conduct that is not recognized as protected by the First Amendment to the U.S. Constitution and Article 1, Section 15 of the Utah Constitution, including speech or conduct that is a true threat, fraudulent, harassment, obscene, defamatory, or otherwise unlawful.

History

KEY: campus speech, free expression
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-2; 53H-7-3

Utah Admin. Code R784-2-4 General Rights of Free Expression on Campus

(1) The college upholds and promotes free expression on campus. Except as limited by regulations consistent with the law and this rule:

(a) faculty, students, and staff have the right to express views and ideas, and are free to criticize, contest, and condemn views expressed on campus; and

(b) neither the faculty, staff, nor students may obstruct, disrupt, suppress or otherwise interfere with the freedom of others to express views.

(2) The college's outdoor areas are a public forum.

(3) Subject to Section R765-800-5, the college may not prohibit:

(a) a member of the college's community or the public from spontaneously and contemporaneously assembling in an outdoor area of the college's campus; or

(b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the college's campus if the person's conduct is lawful.

History

KEY: campus speech, free expression
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-2; 53H-7-3

Utah Admin. Code R784-2-5 Time, Place, and Manner Restrictions

(1) The college may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the ordinary activities of the college. This restriction includes established procedures for engaging in organized speech activities, such as protest marches or invited speakers.

(2) These exceptions to the principle of freedom of expression must be viewpoint neutral, generally content neutral, narrowly tailored, and leave ample opportunity for alternative means for expression. The college will not use these exceptions in a manner that is inconsistent with the college's commitment to free and open discussion of ideas.

History

KEY: campus speech, free expression
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-2; 53H-7-3

Utah Admin. Code R784-2-6 Incorporations of College Policies

The college adopts the policy, Campus Speech, 8.1.040, 08/01/2018, that is incorporated by reference within this rule.

History

KEY: campus speech, free expression
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-2; 53H-7-3

R784-3 Weapons on Campus

Utah Admin. Code R784-3-1 Purpose

In accordance with Title 53H, Chapter 7, Part 3, Student Civil Liberties Protection, this rule establishes general rights and restrictions on possessing weapons on campus.

History

KEY: weapons
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-3

Utah Admin. Code R784-3-2 References

(1) Section 76-10-500.

(2) Section 76-10-501.

(3) Section 76-10-505.5.

(4) Section 76-3-203.2.

(5) Section 53-5-704.

(6) Section 53-5-705.

(7) Section 76-10-511.

(8) Section 76-10-523.

(9) Section 53H-7-3.

History

KEY: weapons
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-3

Utah Admin. Code R784-3-3 Possession of Weapons on Campus

The college complies with and enforces the state laws referenced in Section R784-3-2 governing firearms on campus.

History

KEY: weapons
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-3

Utah Admin. Code R784-3-4 Incorporations of College Policy

The college adopts the policy, Weapons 2.5.050, 08/14/2024, that is incorporated by reference within this rule.

History

KEY: weapons
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-3

R784-4 Student Due Process

Utah Admin. Code R784-4-1 Purpose

In accordance with Title 53H, Chapter 7, Part 7, Student Legal Representation, this rule establishes general elements of due process that must be provided to a student before being expelled or suspended for ten days or more for non-academic code of conduct violations.

History

KEY: due process
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-7

Utah Admin. Code R784-4-2 References

(1) United States Constitution, Amendment 14, Due Process.

(2) Utah Constitution, Article 1, Section 7, Due Process of Law.

(3) Section 53H-7-7.

History

KEY: due process
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-7

Utah Admin. Code R784-4-3 General Rights of Due Process

(1) In matters of non-academic conduct that may result in either expulsion or a minimum ten-day suspension, the college will provide the student due process.

(2) The college will provide the student at least the following:

(a) Notice:

(i) before being interviewed about allegations of misconduct, the college shall provide the student with:

(A) notice of the allegations against the student;

(B) the student's right to have an advisor throughout the process who may, but need not be, an attorney; and

(ii) During an inquiry, investigation, or other informal process, an advisor may only advise the student and may not actively participate in the investigation or informal process.

(b) Explanation of the evidence: before a formal hearing, unless prohibited by reasonable circumstances, each party shall provide to the hearing committee chair, or hearing officer, copies of the documents the party intends to submit as evidence and a list of witnesses the party intends to call during the formal hearing. This information will be shared with both parties. In each circumstance, including informal processes, the college will provide the student an explanation of the evidence against them.

(c) Opportunity to respond: the college will provide the student an opportunity for a full hearing at which the student can respond to the allegations and evidence against them.

(i) With the agreement of each party, the college may also provide an informal hearing or opportunity to respond or an agreed upon informal resolution.

(ii) At formal adjudicatory hearings, the student may have an advisor as an advocate. The student's advisor may be an attorney. The student's advisor may fully participate in the hearing in accordance with the college's policies regarding active participation.

History

KEY: due process
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-7

Utah Admin. Code R784-4-4 Standard of Proof

The student is presumed not to have engaged in a code of conduct violation until the college has established a violation by a preponderance of the evidence.

History

KEY: due process
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-7

R805 University of Utah, Administration

R805-1 Operating Regulations for Bicycles, Skateboards, Rollerskates, Scooters, and Other Non-Motorized Riding Devices

Utah Admin. Code R805-1-1 Purpose and Scope

(1) The purpose of this rule is to govern the operation and use of non-motorized riding devices, including bicycles, skateboards, rollerskates, and scooters, on the campus of, or on other premises owned, operated, or controlled by the University of Utah.

(2) The University wishes to encourage and facilitate the use of non-motorized forms of transportation to, from, and across the University campus while also ensuring a safe environment for pedestrians, reducing risks of personal injury for pedestrians or device riders, and avoiding damage to University facilities caused by inappropriate use of devices on University premises. This rule is intended to balance these interests.

(3) This rule governs the use of non-motorized riding devices by members of the public who visit the University of Utah campus. This rule is not intended to govern use by current University students and faculty, University employees, and other persons who are formally affiliated with the University. The use of such devices on University premises by members of the University community is governed by University of Utah Policy 3-232.

(4) This rule is not intended to govern the use of any non-motorized riding device carried out as a planned part of a special event specifically approved by University officials to be conducted on University premises, including a riding competition, exhibition, or similar event. Use of riding devices as part of any such event will be governed by the terms of any applicable contract or event rules.

History

KEY: bicycles, pedestrians, safety, speed limits, skateboards
Date of Last Change: June 2, 2022
Notice of Continuation: January 23, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.

Utah Admin. Code R805-1-2 Authority

This rule is authorized by Sections 63G-3-201, 53B-3-101 et seq., and 76-8-701 et seq.

History

KEY: bicycles, pedestrians, safety, speed limits, skateboards
Date of Last Change: June 2, 2022
Notice of Continuation: January 23, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.

Utah Admin. Code R805-1-3 Definitions

These definitions apply for the limited purposes of this rule:

(1) "Bicycle" means a device propelled by human power upon which a person may ride having two tandem wheels either of which is more than 12 inches in diameter. "Bicycle" also includes any device generally recognized as a bicycle, although equipped with more than one front or rear wheel, such as a tricycle.

(2) "Non-motorized riding device" means a non-motorized device designed or used for riding by one or more persons, including any bicycle, skateboard, scooter, or rollerskates. "Non-motorized riding device" does not include a wheelchair or similar device when being used for transportation by any person with disabilities or a baby stroller or similar device when being used for transporting any child.

(3) "Rollerskates" means a device consisting of a shoe with a set of wheels attached for skating or a metal frame with wheels attached that can be fitted to the sole of a shoe worn by a person. "Rollerskates" includes in-line skates, rollerblades, and every device generally recognized as rollerskates.

(4) "Scooter" means a non-motorized device consisting of two or more wheels affixed to a platform or footboard upon which a rider stands and which has a handle or other mechanism for holding or guiding the device. "Scooter" also includes every device generally recognized as a scooter. "Scooter" does not include mopeds, whether operated with or without motor power. For the purpose of this rule, mopeds and motorcycles are considered motor vehicles, and are not within the scope of this rule.

(5) "Skateboard" means a non-motorized device consisting of two or more wheels affixed to a platform or footboard upon which a rider stands and which does not have steering capability similar to that of a bicycle or brakes which operate on or upon the wheels of the skateboard. "Skateboard" also includes every device generally recognized as a skateboard.

(6) "University premises" means the University campus and any other real property or structure located on real property owned, operated, or controlled by the University of Utah.

(7) "Visitor" means a member of the public who visits University premises and is not a student, employee, or other person who is formally affiliated with the University.

History

KEY: bicycles, pedestrians, safety, speed limits, skateboards
Date of Last Change: June 2, 2022
Notice of Continuation: January 23, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.

Utah Admin. Code R805-1-4 Permissible and Impermissible Uses of Non-Motorized Riding Devices

(1) In areas where designated bicycle paths are provided, a bicycle may only be ridden in such designated bicycle paths. Where bicycle paths are not available for reaching a particular location, a bicycle may be ridden upon roadways and pedestrian sidewalks to reach such areas. However, the University may identify and by appropriate signage designate some locations in which bicycle riding is prohibited either permanently or during certain time periods, such as by restricting bicycle riding on certain highly congested pedestrian walkways during designated periods. A bicycle rider shall comply with all official traffic control devices and signs, including posted signs prohibiting riding in a particular designated location. A bicycle rider may dismount and walk the bicycle rider's bicycle across any pedestrian accessible area in which bicycling riding is prohibited.

(2) A skateboard, scooter, rollerskates, or other non-motorized riding device other than a bicycle may only be ridden upon designated bicycle paths and pedestrian pathways. Riding uch devices on roadways or in parking lots is strictly prohibited at all times because the University has determined that such uses would present unacceptable risks of injury to riders and other users, and unacceptable impeding of motor vehicle traffic in such areas. Also, the University may identify and by appropriate signage designate certain areas in which riding of any particular type of non-motorized device is prohibited. For example, the University may designate certain pedestrian pathways as off-limits for skateboard riding because risks of personal injury are heightened due to steep grades or congestion. A person riding such a non-motorized riding device shall comply with all official traffic control devices and signs including posted signs prohibiting riding in a particular designated location. A device user may dismount and carry the user's device across any pedestrian accessible area in which riding of such devices is prohibited.

(3) A non-motorized riding device, of any type, may not be ridden upon any stairway, wall, bench, fountain, or other structure or facility, or on or over landscaping, shrubbery, grass or flower beds. Such devices may not be ridden within any building or parking structure.

(4) A person riding a non-motorized riding device in any pedestrian accessible area shall yield the right of way to pedestrians at all times.

(5) A person riding a non-motorized riding device shall ride the person's device in a controlled manner and shall exercise due care and reasonable caution to prevent injury to others, to self, or to property.

(6) A person riding a non-motorized riding device may not exceed a reasonable and proper speed under the circumstances then and there existing, including the limited braking or steering capabilities of the device. In no instance may a person operate a non-motorized riding device at a speed greater than 10 miles per hour upon any bicycle path, sidewalk, or other pedestrian pathway.

(7) A non-motorized riding device may not be ridden two or more abreast on any bicycle path, sidewalk, or pedestrian walkway.

(8) A non-motorized riding device may not be used to carry more persons at one time than the number for which it is designed and equipped, except that an adult bicycle rider may carry a child securely attached to the rider's person in a backpack or sling or in a child carrier securely attached to the bicycle. A bicycle rider may not carry any package, bundle, or other article which may prevent the rider from keeping at least one hand on the handle bars.

(9) A person riding a non-motorized riding device may not attach the device in any manner to any moving motor vehicle, except that this does not prohibit the attaching to a bicycle of a bicycle trailer or semitrailer specifically designed for such attachment.

(10) Each bicycle ridden on University premises shall be equipped with such brakes, reflectors, and other safety devices as are required by state law for operating a bicycle on streets or highways.

(11) A non-motorized riding device of any type may not be left unattended or parked on or at any ramp, entrance, or other facility designated for persons with physical disabilities or in such a manner as to impede the free and clear use of such facility.

(12) A non-motorized riding device may not be left unattended or parked in the public areas of any building, including hallways, stairwells, and classrooms. Such devices may not be left unattended or parked at or near any building entrance or exit in such manner as to impede the free and clear use of such areas.

(13) A non-motorized device may not be parked at or attached to any fire hydrant, standpipe, building service equipment, or other safety device.

History

KEY: bicycles, pedestrians, safety, speed limits, skateboards
Date of Last Change: June 2, 2022
Notice of Continuation: January 23, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.

Utah Admin. Code R805-1-5 Sanctions for Impermissible Uses

(1) Any visitor who violates Subsections R805-1-4(1) through R805-1-4(10) may be subject to the following sanctions:

(a) For a first offense, the University will record the individual's name and provide a written warning against further non-motorized riding device use in violation of this rule. If, at the time of violation, an individual does not produce satisfactory identification, the individual's non-motorized riding device will be impounded. The non-motorized riding device will be released when the individual presents appropriate proof of the individual's identification to the University's Department of Public Safety. There is no impoundment fee or any fine for the first offense. However, note that per Subsection (4), any violation which results in serious injury to another person or major damage to property could result in criminal prosecution or civil liability under applicable state law. In such serious cases, a Public Safety officer may take the device into custody as evidence.

(b) For a second offense which takes place within 24 months of an individual's first offense or warning, the non- motorized riding device will be impounded for not less than 48 hours and the individual shall be required to pay a fine of not less than $100 dollars plus the applicable impoundment fee.

(c) For offenses after an individual's second offense, which are within 24 months of the individual's immediately preceding offense, the non-motorized riding device will be impounded for not less than 30 calendar days and the offender shall be subject to an escalating schedule of fines for each offense beyond the second offense, plus the applicable impoundment fee.

(d) In appropriate cases, including chronic or flagrant violations of this rule, a visitor may be prohibited from riding or using a non-motorized device on University premises, permanently or for a designated period.

(e) In appropriate cases, including chronic or flagrant violations of this rule, a visitor may be subject to eviction or denial of access to University premises.

(2) Any visitor who violates Subsections R805-1-4(1) through R805-1-4(13) may be subject to the following sanctions:

(a) Receipt of a violation notice which will be processed and settled through the office of Commuter Services. A violation notice fee shall be paid within seven working days of receipt of the notice. After the seven day period, additional fees or penalties shall be invoked. It is the responsibility of the recipient of a violation notice to promptly settle it.

(b) A non-motorized device parked or placed in prohibited areas will be impounded, or otherwise secured by the Department of Public Safety. A non-motorized device parked or placed in an area where the device may constitute a hazard to others will be removed and impounded.

(3) The sanctions set forth under Subsection (2) will not be applied in an instance in which an individual receives sanctions under Subsection (1) for the same offense.

(4) All state laws pertaining to non-motorized riding devices are in full force and effect on University premises. In particular, improper usage of such a device resulting in injury to other persons or property damage may subject the user to criminal prosecution or civil liability under applicable state law, in addition to any sanctions provided for under this rule.

History

KEY: bicycles, pedestrians, safety, speed limits, skateboards
Date of Last Change: June 2, 2022
Notice of Continuation: January 23, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.

Utah Admin. Code R805-1-6 Impoundment

(1) An impounded non-motorized riding device will be held by the University's Department of Public Safety or office of Commuter Services and released only during regular business hours to an individual with satisfactory identification. Payment of an impoundment fee, not to exceed $25, will also be required for release, except as provided in Subsection R805-1-5(1)(a).

(2) A device impounded under this rule will be held for a maximum of 60 days following the applicable impoundment period. Any device not retrieved during this period is presumed to have been abandoned and will be subject to disposal by University Surplus and Salvage. The device owner who has abandoned the device is not entitled to repurchase the device at University Surplus and Salvage.

(3) The University and the University's officers, agents, and employees are not liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this rule.

(4) Impoundment or sale of any non-motorized riding device under this rule shall neither substitute for, nor release any person from, liability for damage to persons or property caused by use of a non-motorized device on University premises under applicable Utah law; nor does it remove the obligation for any fines or fees associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a non-motorized riding device will be credited toward the outstanding fee associated with the impoundment of that device.

History

KEY: bicycles, pedestrians, safety, speed limits, skateboards
Date of Last Change: June 2, 2022
Notice of Continuation: January 23, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.

Utah Admin. Code R805-1-7 Appeals

(1) Impoundments and fines or fees assessed pursuant to Subsection R805-1-5(1) may be appealed to the Office of the Vice President for Administrative Services. The decision of the vice president for Administrative Services, or the vice president for Administrative Services' designee, shall be final.

(2) Violation notices provided pursuant to Subsection R805-1-5(2) may be appealed to the University's office of Commuter Services under the same rules, including time limitations, as parking violation notices under Policy 5-206 Vehicle Parking Policy. An adverse ruling of an Appeals Officer may be appealed to the Parking Appeals Committee under the same rules, including time limitations, as parking violation notices. The decision of the Parking Appeals Committee shall be final.

History

KEY: bicycles, pedestrians, safety, speed limits, skateboards
Date of Last Change: June 2, 2022
Notice of Continuation: January 23, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 53B-3-101; 76-8-701 et seq.

R805-2 Government Records Access and Management Act Procedures

Utah Admin. Code R805-2-1 Purpose

The purpose of this rule is to establish procedures for the University of Utah in accordance with the Government Records Access and Management Act ("GRAMA").

History

KEY: higher education, GRAMA, records
Date of Last Change: February 8, 2022
Notice of Continuation: April 14, 2023
Authorizing, and Implemented or Interpreted Law: 63G-2-204(3); 63A-12-104(2); 63G-3-201

Utah Admin. Code R805-2-2 Authority

This rule is authorized by Section 63G-3-201 and Subsections 63A-12-104(2) and 63G-2-204(3).

History

KEY: higher education, GRAMA, records
Date of Last Change: February 8, 2022
Notice of Continuation: April 14, 2023
Authorizing, and Implemented or Interpreted Law: 63G-2-204(3); 63A-12-104(2); 63G-3-201

Utah Admin. Code R805-2-3 Allocation of Responsibility

All operating units of the University of Utah, including departments, institutes, offices, divisions, centers, schools, and colleges, are a single governmental entity for purposes of this rule.

History

KEY: higher education, GRAMA, records
Date of Last Change: February 8, 2022
Notice of Continuation: April 14, 2023
Authorizing, and Implemented or Interpreted Law: 63G-2-204(3); 63A-12-104(2); 63G-3-201

Utah Admin. Code R805-2-4 Requests for Access

(1) The University is a governmental entity of the state and is not an agency of the federal government. As such, the University is not subject to the federal Freedom of Information Act.

(2) Access to student records held by the University is governed by the Family Educational Rights and Privacy Act and not GRAMA.

(3) Access to records containing protected health information that are created or maintained by the University in the University's capacity as an entity covered by the Health Insurance Portability and Accountability Act ("HIPAA"), as amended, is governed by HIPAA and not GRAMA.

(4) A person making a request for a record subject to GRAMA shall submit a written request that contains:

(a) a description of the record requested that identifies the record with reasonable specificity; and

(b) the person's name, mailing address, and daytime telephone number.

(5)(a) Except as provided in Subsection (5)(b), a person making a request for a record shall submit the request electronically to an online public records portal designated by the University.

(b) A person that does not have an email address or is unwilling to accept communications related to the person's request by email shall submit, by U.S. mail or hand delivery:

(i) a request for personnel records to the Office of the Chief Human Resources Officer;

(ii) a request pertaining to financial records to the Office of the Vice President for Administrative Services;

(iii) a request pertaining to purchasing activities to the director of the University Purchasing Department;

(iv) a request pertaining to athletics to the athletics director; or

(v) any other request to the office of the vice president responsible for overseeing the operating unit of the University in which the records are maintained, which may include the following:

(A) senior vice president, Academic Affairs;

(B) senior vice president, Health Sciences;

(D) vice president, General Counsel;

(E) vice president, Government Relations;

(F) chief human resources officer;

(G) vice president, Institutional Advancement;

(H) vice president, Research; or

(I) vice president, Student Affairs and Services.

(i) shall submit, with the person's request, a written statement that the person does not have an email address or is unwilling to accept communications related to the person's request by email; and

(ii) should consult the University's Web site for current mailing addresses.

(6) The Utah Open Records Portal Website created in Section 63A-12-114 does not serve as a point of access for a request for records held by the University.

History

KEY: higher education, GRAMA, records
Date of Last Change: February 8, 2022
Notice of Continuation: April 14, 2023
Authorizing, and Implemented or Interpreted Law: 63G-2-204(3); 63A-12-104(2); 63G-3-201

Utah Admin. Code R805-2-5 Appeals from University Determinations

(1) A person appealing a University determination under GRAMA shall direct the appeal to the University chief administrative officer or, as applicable, the chief administrative officer's designee to hear appeals under Subsection 63G-2-401(9).

(2) Unless otherwise provided by the University on the University's Web site, an associate dean of the University's J. Willard Marriott Library serves as the University chief administrative officer.

History

KEY: higher education, GRAMA, records
Date of Last Change: February 8, 2022
Notice of Continuation: April 14, 2023
Authorizing, and Implemented or Interpreted Law: 63G-2-204(3); 63A-12-104(2); 63G-3-201

Utah Admin. Code R805-2-6 Fees

As allowed by GRAMA, the University charges fees in connection with the University's response to a records request. A person may obtain a fee schedule at the online public records portal described in Subsection R805-2-4(5).

History

KEY: higher education, GRAMA, records
Date of Last Change: February 8, 2022
Notice of Continuation: April 14, 2023
Authorizing, and Implemented or Interpreted Law: 63G-2-204(3); 63A-12-104(2); 63G-3-201

R805-3 Overnight Camping and Campfires on University of Utah Property

Utah Admin. Code R805-3-1 Purpose

This rule governs camping and campfires on University property.

History

KEY: camp, camping, campfire, fire
Date of Last Change: June 2, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-2-301; 63G-4-102; 65A-8-211; 76-8-701 et seq.

Utah Admin. Code R805-3-2 Authority

This rule is authorized by Sections 63G-2-301 and 76-8-701 et seq.

History

KEY: camp, camping, campfire, fire
Date of Last Change: June 2, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-2-301; 63G-4-102; 65A-8-211; 76-8-701 et seq.

Utah Admin. Code R805-3-3 Definitions

(1) "Campfire" means an outdoor fire, burned in the open or in a receptacle other that a furnace or incinerator, used for the cooking of food, providing personal warmth, or for recreational purposes.

(2) "Campfire" does not mean a professionally manufactured barbeque grill operated in connection with an official University event.

(3) "Camping overnight" means any of the following:

(a) sleeping, at any time between the hours of 11 p.m. and 8:30 a.m., outdoors, with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection, equipment, or device; or

(b) establishing or maintaining outdoors, at any time between the hours of 11 p.m. and 8:30 a.m., a temporary or permanent place for sleeping or cooking by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment or by setting up any cooking equipment, with the intent to remain in that location overnight.

(4) "Camping overnight" does not include the following:

(a) waiting in line for the sale of tickets to an event that will take place on University property; or

(b) tail-gating activities on University property within areas designated by the University that occur the night before or the night of a sporting event.

(5) "University property" means the University campus and any other property owned, operated, or controlled by the University of Utah.

History

KEY: camp, camping, campfire, fire
Date of Last Change: June 2, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-2-301; 63G-4-102; 65A-8-211; 76-8-701 et seq.

Utah Admin. Code R805-3-4 Overnight Camping -- Campfires -- Sanctions

(1) In order to protect University property, and to protect the safety and health of the University community and the public, camping overnight on University property not specifically designated for such use is prohibited without first obtaining permission from the University Scheduling Office. Permission may be withheld by the University on any reasonable basis.

(2) In order to protect University property, and to protect the safety and health of the University community and the public, lighting or maintaining campfires on University property not specifically designated for campfires, in an approved receptacle, and consistent with state and local law, is prohibited without first obtaining permission from the University Scheduling Office. Permission may be withheld by the University on any reasonable basis.

(3) Any University student, University staff member, or University faculty member who violates this rule may be subject to disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.

(4) Any member of the public who violates this rule may be subject to one or more of the following sanctions:

(a) issuance of a citation for setting an improper fire pursuant to Section 65A-8-211;

(b) issuance of a citation for criminal trespass pursuant to Section 76-6-206;

(c) issuance of citation and temporary eviction from, and denial of access to University property pursuant to Sections 76-8-701 through 76-8-718; and

(d) eviction from, and denial of access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134.

History

KEY: camp, camping, campfire, fire
Date of Last Change: June 2, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-2-301; 63G-4-102; 65A-8-211; 76-8-701 et seq.

R805-4 Illegal, Harmful, and Disruptive Behavior on University of Utah Property

Utah Admin. Code R805-4-1 Purpose

The purposes of this rule are:

(1) to identify activities and behaviors that are prohibited on the University of Utah campus and the University's properties; and

(2) to identify possible sanctions for persons who engage in such behaviors and the process for enforcement and discipline.

History

KEY: illegal behavior, disruptive behavior, harmful behavior, trespassing
Date of Last Change: June 2, 2022
Notice of Continuation: July 17, 2024
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-4-102; 76-8-701 et seq.

Utah Admin. Code R805-4-2 Authority

This rule is authorized by Sections 63G-4-102 and 76-8-701 et seq.

History

KEY: illegal behavior, disruptive behavior, harmful behavior, trespassing
Date of Last Change: June 2, 2022
Notice of Continuation: July 17, 2024
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-4-102; 76-8-701 et seq.

Utah Admin. Code R805-4-3 Definitions

(1) "University of Utah community member" means a University of Utah faculty member, staff member, student, or any other person who is invited to participate in University of Utah events and activities.

(2) "University property" means the university campus and any other property owned, operated, or controlled by the University of Utah and specifically includes the University's grounds, buildings, and roadways.

History

KEY: illegal behavior, disruptive behavior, harmful behavior, trespassing
Date of Last Change: June 2, 2022
Notice of Continuation: July 17, 2024
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-4-102; 76-8-701 et seq.

Utah Admin. Code R805-4-4 Prohibited Activities

(1) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that violate state or federal criminal laws.

(2) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that violate the policies, procedures, regulations, or rules of the University of Utah.

(3) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that are violent, obscene, or disorderly.

(4) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that obstruct, disrupt, or otherwise interfere with the University's educational process, including the University's academic, business, administrative and recreational meetings and processes.

(5) A person may not enter onto, or remain upon, University property that is not open to the general public absent a specific authorization or invitation by a University of Utah community member authorized to allow such entry.

(6) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, stealing or using without authorization any real or personal property owned by the University of Utah or owned by a University of Utah community member.

(7) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that injure, deface, damage, or destroy any real or personal property owned by the University of Utah or owned by a University of Utah community member.

(8) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that cause injury to a University of Utah community member.

(9) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, verbal or physical conduct of a sexual nature toward a University of Utah community member that has the purpose or effect of unreasonably interfering with the University of Utah community member's employment or education performance or creates an intimidating, hostile, or offensive environment for the University of Utah community member's employment, education, living environment, or participation in a University activity.

(10) A person may not enter upon or remain upon University property, for the purpose of, or in the actual commission of, activities that interfere with another person's lawful and authorized access, ingress and egress to University property, including the University's grounds, buildings, and roadways.

(11) A person may not enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that incite, support, encourage, aid, or abet others to commit one or more of the activities listed in Subsections (1) through (10).

History

KEY: illegal behavior, disruptive behavior, harmful behavior, trespassing
Date of Last Change: June 2, 2022
Notice of Continuation: July 17, 2024
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-4-102; 76-8-701 et seq.

Utah Admin. Code R805-4-5 Sanctions

(1) A University student, University staff member, or University faculty member who violates this rule may be subject to disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.

(2) A member of the public who violates this rule may be subject to one or more of the following sanctions:

(a) issuance of a citation for criminal trespass pursuant to Section 76-6-206;

(b) issuance of citation and temporary eviction from, and denial of access to, University property pursuant to Sections 76-8-701 through 76-8-718; and

(c) eviction from, and denial of access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134.

History

KEY: illegal behavior, disruptive behavior, harmful behavior, trespassing
Date of Last Change: June 2, 2022
Notice of Continuation: July 17, 2024
Authorizing, and Implemented or Interpreted Law: 53B-2-106; 63G-4-102; 76-8-701 et seq.

R805-5 Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics

Utah Admin. Code R805-5-1 Purpose

The purposes of this rule are:

(1) to identify outdoor areas at University of Utah Hospitals and Clinics (UUHC) facilities where smoking is prohibited;

(2) to designate outdoor areas at UUHC facilities where smoking is permitted; and

(3) to set forth possible sanctions for persons who smoke in undesignated areas outside of UUHC facilities and the process for enforcement and discipline.

History

KEY: smoke, smoking, public health
Date of Last Change: June 2, 2022
Notice of Continuation: December 17, 2025
Authorizing, and Implemented or Interpreted Law: 26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718

Utah Admin. Code R805-5-2 Authority

This rule is authorized by Sections 26-38-1 et seq., 53B-2-106, 63G-4-102, 76-6-206, and 76-8-701 et seq.

History

KEY: smoke, smoking, public health
Date of Last Change: June 2, 2022
Notice of Continuation: December 17, 2025
Authorizing, and Implemented or Interpreted Law: 26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718

Utah Admin. Code R805-5-3 Definitions

As used in this rule:

(1) "Designated smoking area" means an outdoor area equipped with signs indicating that smoking is permitted.

(2) "Lighted tobacco" means both tobacco that is under self sustained combustion and tobacco that is heated to a point of smoking or vaporizing.

(3) "Outdoor area" means the outdoor area of a UUHC facility, including parking garages, covered and uncovered parking lots, sidewalks, landscaping areas, and roadways of that UUHC facility.

(4) "Smoke" or "smoking" means the possession of any lighted tobacco product in any form.

(5) "University property" means the University of Utah campus and any other property owned, operated, or controlled by the University of Utah and specifically includes the University of Utah's grounds, buildings, and roadways.

(6) "University of Utah Hospitals and Clinics facility" or "UUHC facility" means a facility or facilities in the University of Utah Health Care system, including the University of Utah Hospital, Huntsman Cancer Hospital, University Orthopaedic Center, University Neuropsychiatric Institute, John A. Moran Eye Center, University of Utah Health Care Clinical Neurosciences Center, University of Utah Community Clinics, Utah Center for Reproductive Medicine, and the Utah Diabetes and Endocrinology Center.

History

KEY: smoke, smoking, public health
Date of Last Change: June 2, 2022
Notice of Continuation: December 17, 2025
Authorizing, and Implemented or Interpreted Law: 26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718

Utah Admin. Code R805-5-4 Established Utah Law

(1) In accordance with Subsection R392-510-9(1), smoking is prohibited within 25 feet of any entrance-way, exit, open window, or air intake of publicly owned buildings, including each UUHC facility.

(2) In accordance with Section R392-510-4, each UUHC facility is authorized to prohibit smoking anywhere on the UUHC facility's premises, including anywhere outdoors on the UUHC facility's premises.

(3) No person may smoke in an outdoor area of a UUHC facility, including the 25 foot areas proscribed by current Utah law, unless the outdoor area is specifically designated by the UUHC facility as a designated smoking area.

History

KEY: smoke, smoking, public health
Date of Last Change: June 2, 2022
Notice of Continuation: December 17, 2025
Authorizing, and Implemented or Interpreted Law: 26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718

Utah Admin. Code R805-5-5 Enforcement and Sanctions

Upon observing a person smoking in an outdoor area where smoking is prohibited, a UUHC official will request the person to extinguish the lighted tobacco product and, where applicable, may take one or more of the following actions:

(1) issue an administrative ticket to the person requiring the person to pay an administrative fee in an amount indicated on the ticket, which is processed and settled through the UUHC facility;

(2) issue a citation to the person for criminal trespass pursuant to Section 76-6-206;

(3) issue the person a citation and temporary eviction from, and denial of access to, University property pursuant to Sections 76-8-701 through 76-8-718;

(4) evict the person from, and deny the person access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134;

(5) seek a citation to the person by the State Department of Health pursuant to Section 26-38-9; or

(6) if the person is a University of Utah student, staff member, or faculty member, seek disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.

History

KEY: smoke, smoking, public health
Date of Last Change: June 2, 2022
Notice of Continuation: December 17, 2025
Authorizing, and Implemented or Interpreted Law: 26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718

R805-6 University of Utah Shooting Range Access and Use Requirements

Utah Admin. Code R805-6-1 Authority

This rule is authorized by Section 47-3-303.

History

KEY: shooting range
Date of Last Change: June 8, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 47-3-303

Utah Admin. Code R805-6-2 Definitions

(1) As used in this rule:

(a) "Air gun" means a .177 or .20 caliber, or equivalent 4.5mm or 5.0mm, pellet rifle or pellet pistol whose projectile is pneumatically propelled by compressed air or compressed gas such as carbon dioxide.

(b) "Certified official" means an individual who has obtained certification from the National Rifle Association or a branch of the United States Armed Forces as a Range Safety Officer, a Firearms Instructor, or a Shooting Coach.

(c) "Range operator" means a University of Utah employee with primary administrative oversight for scheduling University Range access, verifying the certification status of certified officials, and verifying that any group seeking access to the University Range has complied with this rule.

(d) "University Range" means that gun range located in the basement of the Naval Science building located on the campus of University of Utah at 110 South 1452 East, Salt Lake City, Utah 84112.

(2) Other terms not defined in this rule shall have the definitions set forth in Section 47-3-102.

History

KEY: shooting range
Date of Last Change: June 8, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 47-3-303

Utah Admin. Code R805-6-3 Requirements for Access

(1) A group seeking access to the University Range must first demonstrate to the range operator that the group is in compliance with the requirements set forth in this section. The range operator shall approve a group's request for access once the group has submitted satisfactory evidence of the following:

(a) group insurance;

(b) liability waivers;

(d) that no group member is prohibited by state or federal law from possessing a firearm.

(2) Once a group's request for access is approved by the range operator, the group may reserve the University Range for use during public hours by filing a Facility Reservation Request Form. Reservations are required and must be made with the range operator at least 48 hours before the time of use. The group may contact the range operator for current range hours. Because the range operator must make prior arrangements to allow access to the Naval Science building and the University Range, requests for reservation will not be accepted with less than 48-hours' advanced notice. Reservation requests will be processed on a first-come-first-served basis.

(3) A group's use may not interfere with use of the University Range by the University of Utah, including use by the NROTC and use by the Utah Precision Marksmanship Society.

(4) The maximum size of any group accessing the University Range is eight individuals, including the certified official. The maximum number of group members firing weapons at any time shall be six individuals. In the event fewer than six shooting lanes are in operation at any time, the maximum number of group members firing weapons shall correspond to the number of operational shooting lanes.

(5) Each group member accessing the range, including the certified official, shall pay a fee of $5 per session. Fees are deposited in the University of Utah's General Fund to be used for the operation and maintenance of the University Range and are intended to cover costs related to incidental materials, supplies, maintenance, repairs, and personnel providing access to the Naval Science Building and the University Range.

(6) A person under the age of 15 is not permitted in the University Range without direct supervision by that person's parent or legal guardian.

(7) A person may not use the University Range under the influence of illicit or prescription drugs or alcohol.

(8) The range operator may deny a request for access based on the failure of any group to comply with this rule or if the range operator concludes that the group's use of the University Range poses a threat to any person or property.

(9) The range operator may revoke a group's approval to access the University Range based on any group member's failure to follow the rules of conduct set forth in this rule, any rules and guidelines posted in the University Range during the group's use of the University Range, or any of the range operator's reasonable requests regarding safety or University Range access.

History

KEY: shooting range
Date of Last Change: June 8, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 47-3-303

Utah Admin. Code R805-6-4 Approved Firearms

Due to ventilation limitations imposed by OSHA regulations, public users of the University Range may only use air guns in the University Range.

History

KEY: shooting range
Date of Last Change: June 8, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 47-3-303

Utah Admin. Code R805-6-5 Insurance Requirements

(1) Before accessing the University Range, a group must provide the range operator with the group's certificate of insurance for commercial general liability insurance, in the amount of at least $1,000,000 per occurrence that lists the University of Utah as an additional insured. Upon proof of adequate alternative liability coverage, this insurance requirement may be waived by the range operator in consultation with the University of Utah's Risk and Insurance Manager.

(2) Before accessing the University Range, each group member or, in the case of minors, the minor group member's parent or legal guardian, must sign an Acknowledgement of Risk, Waiver, Release, and Indemnity Agreement in the form provided by the University of Utah's Risk and Insurance Manager. The group's certified official shall be responsible for collecting signed forms and returning them to the range operator.

History

KEY: shooting range
Date of Last Change: June 8, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 47-3-303

Utah Admin. Code R805-6-6 Rules of Conduct

(1) Users of the University Range must provide and be accompanied at all times by a certified official.

(2) The range operator is responsible for opening and securely closing the University Range.

(3) The certified official and group members assume all risks related to, and are responsible for all harms arising out of, their use of the University Range.

(4) The certified official shall inspect the University Range before use to verify that the range ventilation system is turned on and is operational, and to identify any hazards, damage or deficiencies and report them to the range operator immediately.

(5) Each group member shall be familiar with and abide by safety standards adopted by the National Rifle Associate while using the University Range.

(6) The certified official shall report any injuries or property damage to the range operator immediately.

(7) User ammunition and firearms are subject to inspection and approval by the University of Utah and the range operator.

(8) All individuals using the University Range must follow all range rules posted in the range as of the date of use.

(9) The certified official shall be responsible for ensuring that all members of the group comply with each requirement of this rule, including the posted range rules described in Section R805-6-7, and all other applicable rules and regulations.

History

KEY: shooting range
Date of Last Change: June 8, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 47-3-303

Utah Admin. Code R805-6-7 Posted Range Rules

(1) The firing range ventilation system shall be in operation at all times while the range is in use, and also during after- use housekeeping procedures.

(2) Each participant may only fire at paper targets, which shall be provided by the participant. Use of frangible targets is prohibited.

(3) This range is equipped with pellet traps. Pellet traps must be properly placed behind all targets before firing down range. In no instance may pellets be fired down range at the rubber bullet trap.

(4) Group members may cross the firing line only if expressly directed by the certified official. Group members should be permitted to cross the firing line only when operationally necessary, such as to retrieve targets or to set up pellet traps. No person may cross the firing line for any reason while firing is underway.

(5) A firearm must be pointed down range toward bullet traps at all times.

(6) A firearms may only be loaded and unloaded in shooting booths.

(7) A participant shall keep the participant's finger off trigger until ready to fire. A participant may fire only from firing line location between stalls.

(8) Eye and ear protection must be worn by everyone in the University Range at all times.

(9) One shooter per lane maximum.

(10) No food or drink is allowed in the University Range.

(11) A users or the user's group may be charged for any costs incurred by the University of Utah due to negligence or failure to follow these rules of use.

History

KEY: shooting range
Date of Last Change: June 8, 2022
Notice of Continuation: December 22, 2023
Authorizing, and Implemented or Interpreted Law: 47-3-303

R807 University of Utah, Museum of Natural History (Utah)

R807-1 Curation of Collections from State Lands

Utah Admin. Code R807-1-1 Purpose

(1) This rule ensures the adequate curation of all collections from lands owned or controlled by the state and its subdivisions through the selection and review of curation facilities and repositories.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-2 Authority

(1) This rule is required by Title 53B, Chapter 17, and is enacted under the authority of Subsections 53B-17-603(2) and 53B-17-603(4)(b) and (c), and 53B-17-603(6).

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-3 Definitions

(1) The terms used in this rule are defined in Sections 9-8-302, 65A-1-1, 53B-17-603, and 79-3-102.

(a) "Collection" means a specimen and the associated records documenting the specimen and its recovery.

(b) "Critical paleontological resources" means vertebrate fossils and other exceptional fossils that are designated state paleontological landmarks as provided for in Section 79-3-505.

(i) the museum;

(ii) an accredited facility meeting federal curation standards; or;

(iii) an appropriate state park.

(d) "Museum" means the Utah Museum of Natural History.

(e) "Repository" means:

(i) a facility designated by the museum through memoranda of agreement; or

(ii) a place of reburial.

(f) "Specimen" means:

(i) all man-made artifacts and remains of an archaeological or anthropological nature, found on or below the surface of the earth, excluding structural remains; and

(ii) remains of a critical paleontological nature found on or below the surface of the earth.

(2) In addition:

(a) "Appropriate permitting agency" means the Division of State History, the Geologic Survey, or the School and Institutional Trust Lands Administration as set forth in Sections 9-8-305 and 79-3-501, 502.

(b) "Arbitration board" means ultimate arbitration authority as set forth in Section 53B-17-603(4)(c)(vii).

(d) "State lands" means lands owned or controlled by the state and its subdivisions, and includes lands administered by the School and Institutional Trust Lands Administration.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-4 Clarification of 53B-17-603

(1) For the purposes of Section 53B-17-603 and this rule:

(a) "Accredited" means current accreditation by the American Association of Museums or other nationally recognized accrediting institutions or agencies;

(b) "Appropriate state park" means a state park designated by the Division of Parks and Recreation as meeting and being in compliance with federal curation standards;

(c) "Federal curation policy" means: generally understood principles of federal and professional curation policy, and for archaeological collections, includes but is not limited to those as set forth in 36 CFR Part 79, 1996 ed., as amended and those federal rules implementing the Native American Grave Protection and Reburial Act (43 CFR Part 10, 1996 ed.);

(d) "Meeting federal curation standards" means that a facility has been designated by a federal agency as a repository and is in compliance with Federal curation policy.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-5 Curation Advisory Committee

(1) The Museum shall establish a curation advisory committee and shall select the members of the Committee.

(2) The Committee shall be composed of at least eight members and shall include a representative from the Division of Parks and Recreation, the Division of Sovereign Lands and Forestry, the School and Institutional Trust Lands Administration, Division of Indian Affairs, Division of State History, Utah Geologic Survey, curation facilities, and may include representatives with interests in one or more of the following areas: education, research, cultural resource management, or curation.

(3) The Committee shall serve in an advisory capacity to the Museum.

(4) The Committee's responsibilities shall include advising the Museum on the following:

(a) the development and annual review of procedures relating to the designation of repositories;

(b) the designation of certain repositories or curation facilities, taking into consideration those factors listed in Section 53B-17-603(4)(c); and

(5) The Committee shall meet with the Museum at least semiannually, as called by the Director of the Museum.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-6 Proof of Consultation

(1) The Museum may enter into a memorandum of agreement with permitting agencies that establishes a process for providing persons applying for either a survey or an excavation permit with proof of consultation as required by Subsection 79-3- 501(1)(c)(vi). That process will include:

(a) The Museum maintaining a list of curation facilities and repositories in Utah. The list shall include:

(i) their geographic location;

(ii) the types of collections they curate or desire to curate; and

(iii) for repositories, the types of collections they can adequately curate.

(b) A procedure for the permit applicant receiving a copy of the list.

(c) A procedure for the Museum receiving notification of the selected curation facility or repository and a copy of the permit application.

(d) A procedure whereby critical vertebrate paleontological resources may be curated by the permittee when the permittee is a curation facility.

(2) Collections obtained under an excavation permit shall be deposited by the permittee at the designated repository or curation facility no later than six months after the permittee provides the appropriate permitting agency with reports as required by law.

(3) Collections obtained under a survey permit shall be deposited at the designated repository or curation facility within one calendar year of completion of field work.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-7 Curation Standards

(1) In order to be designated as an appropriate curation facility or repository for collections, a facility must provide evidence of its ability to continually provide adequate curation appropriate to the nature and content of the collection.

(2) Adequate curation is presumed for all curation facilities.

(3) Adequate curation for repositories means at a minimum:

(a) possessing and maintaining complete and accurate collection records;

(b) possessing and maintaining requisite facilities which have equipment and space in the physical plant dedicated solely to the proper storage, study, and conservation of collections;

(c) possessing and maintaining the ability to keep collections under physically secure conditions within storage, laboratory, study, and exhibition areas;

(d) requiring staff and any consultants who are responsible for managing and preserving collections to be trained in the curation of collections;

(e) appropriately handling, storing, cleaning, conserving, and exhibiting collections to ensure the physical integrity of collections;

(f) storing records of collections, including site forms, field notes, artifact inventory lists, computer disks and tapes, catalog forms, photographs, and a copy of the final report in a manner that will protect them from theft and fire;

(g) conducting regular inspections and inventories of collections; and

(h) developing and implementing procedures regarding the accessioning, loan, exhibition, and deaccessioning of specimens.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-8 Designation of Repositories

(1) Any facility, other than a place of reburial, seeking to be designated as a repository shall submit to the Museum:

(a) a completed Facility Assessment Form, a copy of which may be obtained from the Museum; and

(b) any other information relating to the facility's ability to provide adequate curation appropriate to the nature and content of collections requested by the Museum.

(2) If the Museum determines that a facility is able to provide adequate curation, the Museum will enter into a memorandum of agreement that will designate that facility as a repository and ensure continued adequate curation at that facility. The memoranda of agreement shall include the following:

(a) reporting provisions;

(b) provisions for periodic review and monitoring; and

(3) Any facility denied repository status may appeal the Museum's decision within 30 days of the denial of status pursuant to the procedures set forth in R807-1-13 below.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-9 Selection of a Repository or Curation Facility

(1) A repository or curation facility seeking designation as a repository or curation facility shall notify the Museum of the nature of collections it wishes to curate by filing a request with the Museum. A request for designation shall include a discussion of the following as appropriate:

(a) identification of any specific site or project of interest to the repository or curation facility;

(b) repository or curation facility programs related to its proposed scientific and educational use of the requested collections; and

(2) The Museum shall select a repository or curation facility for collections to be obtained from state lands under a survey permit, considering those factors listed in Section 53B-17-603(4)(c).

(3) The Museum in consultation with the Committee shall select a repository or curation facility for collections to be obtained from state lands under an excavation permit, taking into consideration those factors listed in Section 53B-17-603(4)(c).

(4) The Museum in consultation with the Committee shall designate a second repository or curation facility to curate collections if the repository or curation facility originally selected fails to provide adequate curation appropriate to the nature and content of the collection.

(5) Any curation facility or repository may appeal the selection of a repository or curation facility within 30 days after receiving notice of that selection through the procedures set forth in R805-1-13 below.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-10 Obligations of Repositories or Curation Facilities

(1) Repositories or curation facilities shall immediately notify the Museum of any loss of accreditation, any changes resulting in a failure to meet federal curation standards, or any breach of a memorandum of agreement entered into with the Museum.

(2) If a repository or curation facility loses its accreditation, fails to meet federal curation standards, or breaches its memorandum of agreement, the Museum may require transfer of collections to another repository or curation facility.

(3) The Museum shall periodically review repositories to assure they are providing adequate curation appropriate to the nature and content of the collection. The Museum's reviews may occur through an on-site visit or submission of written reports from the repository. The Museum shall give the repository 30 days notice of a proposed review.

(4) Curation facilities with collections from state lands shall provide the Museum with copies of accreditation reports from the American Association of Museums or other nationally recognized accrediting institutions or agencies.

(5) Repositories or curation facilities shall provide an inventory of collections received from state lands to the Museum within 90 days of receipt of the collection.

(6) Repositories or curation facilities shall notify the Museum 30 days prior to undertaking any destructive analysis or exchange to allow the Museum opportunity to review and comment.

(7) Other than appropriate exchanges of collections and destructive analysis, no other form of permanent removal of collections shall take place.

(8) Repositories or curation facilities shall notify the Museum within 30 days of the accidental or any other loss or destruction of any specimen.

(9) Repositories or curation facilities shall not take any actions that would adversely affect recognition of the following:

(a) Collections obtained in exchange for collections found on school and institutional trust lands are owned by the respective trust and are subject to these rules;

(b) Collections recovered from school and institutional trust lands are owned by the respective trust;

(c) Any monies obtained by a curation facility or repository from sales of reproductions derived from collections found on state lands shall be given to the respective trust, except that the curation facility or repository may retain monies sufficient to recover the direct costs of preparation for sale and a reasonable fee for handling the sale. It is recognized that a curation facility or repository may contract with a third party to prepare and produce reproductions.

(d) Collections recovered from school and institutional trust lands shall be available for exhibition as the beneficiaries of the respective trust may request, subject to Museum's curation responsibilities and the repository or curation facility's budgetary and exhibit priorities.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-11 Reporting

(1) The Museum shall annually submit to the Division of Sovereign Lands and Forestry and the School and Institutional Trust Lands Administration an inventory of collections received from their respective lands and placed in repositories or curation facilities.

(2) The Museum shall annually submit to the Division of Sovereign Lands and Forestry and the School and Institutional Lands Administration an inventory of specimens lost, destroyed, or exchanged from their collections.

(3) The Museum shall annually submit to the Division of State History a list of collections received and places in repositories or curation facilities.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-12 Designation of Adjudicative Proceedings as Informal

(1) All appeals shall be conducted informally.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

Utah Admin. Code R807-1-13 Procedures of Informal Adjudicative Proceedings

(1) Any facility requesting an appeal of a Museum designation or selection shall include the following information in its request:

(a) the names and addresses of all persons known to have a direct interest in the requested Museum action and to whom a copy of the request for Museum action is being sent;

(b) the Museum's file number or other reference number, if known;

(d) a statement of the legal authority and jurisdiction under which the Museum action is requested;

(e) a statement of the relief or action sought from the Museum; and

(f) a statement of the facts and reasons forming the basis for relief or Museum action.

(2) The facility requesting an appeal shall send a copy of the request by mail to each person known to have a direct interest in the requested agency action.

(3) The director of the Museum shall promptly review a request for relief and shall notify the facility in writing of:

(a) the decision;

(b) the reasons for the decision; and

(4) Copies of the director's notification shall be sent to the facility making the request and to those parties who have previously expressed a direct interest in the request.

(5) The facility may request a review within 30 days of the director's final decision by submitting a written request to the Museum. The Museum director shall then request that the arbitration board, as set forth in 53B-17-603 (4)(c)(vii), shall meet.

(6) The arbitration board shall respond to the request within 30 days of notification.

History

KEY: curation, archaeological resources, paleontological resources
Date of Last Change: June 3, 1999
Notice of Continuation: January 11, 2024
Authorizing, and Implemented or Interpreted Law: 53B-17-603(2); 53B-17-603(4)(b); 9-8-305(1)(c); 79-3-501(1)(c)

R810 University of Utah, Commuter Services

R810-1 University of Utah Parking Regulations

Utah Admin. Code R810-1-1 Authority

This rule is authorized by Sections 53B-3-103 and 53B-3-107.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-2 Motor Vehicle Parking on Campus

(1) As used in this rule:

(a) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.

(b) "Vehicle" means the same as that term is defined in Section 41-1a-102.

(2) A vehicle operator that parks a vehicle on campus must purchase a parking permit from Commuter Services and register the vehicle's license plate to the permit purchased, or park the vehicle in a metered or pay area and pay the appropriate fee. Payment for the use of a campus meter or pay area is required whether or not the vehicle is associated to a valid University of Utah parking permit. If a physical permit is distributed, it must be displayed and clearly visible from the front windshield.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-3 Parking Areas

(1) Parking is permitted only in designated areas and only in accordance with posted signs. Each vehicle must be parked properly within marked stalls.

(2) A ticket is issued to the owner of any vehicle parked contrary to posted signs.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-4 Restrictions

Parking is prohibited 24 hours daily at red curbs, no parking areas, bus zones, crosswalks, driveways, and in front of fire hydrants and dumpsters.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-5 Vehicle Operator Responsibilities

(1) Parking area designations are subject to change, and it is the vehicle operator's responsibility to be cognizant of such changes. The responsibility for finding an authorized parking space rests with the vehicle operator.

(2) A vehicle must be parked in a valid parking stall so that the vehicle's license plate is clearly visible from the roadway from which the vehicle was pulled into the stall. It is the vehicle operator's responsibility to assure that the vehicle's license plate is visible and clear of debris.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-6 Parking for Drivers with Disabilities

Parking for drivers with disabilities is reserved for students, faculty, staff, and visitors who must purchase and display a parking permit or park in a metered area or pay lot and pay the appropriate fee.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-7 University Vehicle Parking

(1) A University owned van, truck, or SUV involved in maintenance must be parked in a maintenance stall when available. A University owned sedan may not be parked in a maintenance stall. A University owned vehicle may be parked in any U or E permitted stall but is prohibited from being parked in a no parking, tow away, disabled, or reserved area, or a metered loading zone.

(2) A University owned vehicle parked at a non loading zone meter is limited to the maximum time listed on the meter. Pay by phone limitation is two hours; visitor pay lot limitation is one hour; and A permit stall limitation is for loading and unloading only. The driver of an improperly parked University owned vehicle is responsible for any ticket received.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-8 Motorcycle Parking

A driver of a motorcycle, motorbike, scooter, or moped shall purchase a parking permit from Commuter Services and register the license plate number to the permit purchased.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-9 University Student Apartments Parking

(1) University Student Apartment parking lots are restricted to apartment residents, housing employees, resident's guests, apartment applicants, and visitors.

(2) Parking is permitted only in designated areas in accordance with posted signs.

(3) Each resident or employee shall purchase a housing parking permit and register the license plate to the permit for each vehicle, motorcycle, scooter, or moped.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-10 Extended Parking Privileges

A vehicle that occupies the same lot or stall for 48 hours or longer may be removed at the owner's expense if the vehicle interferes with regular University functions or maintenance. Vehicles parked in the residence halls are exempted from the 48 hour limitations.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-11 Abandoned Vehicles

A vehicle that has not been moved for a period of seven consecutive days will be considered as abandoned and may be removed from University property at the owner's expense.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-12 Living In A Vehicle on Campus

A camper, trailer, motor home, or other vehicle may not be used for sleeping or living purposes on campus unless parked in an area designated by Commuter Services as RV parking.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-13 University Responsibility for Vehicle Damage

The University is not responsible for the care and protection of or damage to any vehicle or its contents when operated or parked on University property. The purchase of a parking permit shall constitute an acknowledgment and acceptance of this condition as the privilege to use the University's parking facilities.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-1-14 Special Parking

Commuter Services may change the designated use of lots or roadways at any time. During events, Commuter Services may charge additional fees for the use of University parking lots.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R810-2 Parking Meters and Other Pay Parking Spaces

Utah Admin. Code R810-2-1 Authority

This rule is authorized by Section 53B-3-103.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-2-2 Parking Meters and Other Pay Parking Spaces

(1) Payment for the use of a meter or pay parking space is required whether or not the vehicle is associated with a valid University of Utah parking permit.

(2) Parking at an inoperable meter is limited to the maximum time listed on the meter. Payment for a meter or pay space is required as posted in each parking area. Meters and pay parking spaces are not enforced during University of Utah observed holidays.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R810-5 Permit Types and Eligibility

Utah Admin. Code R810-5-1 Authority

This rule is authorized by Section 53B-3-103.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-5-2 Parking Permits and Eligibility

(1) Except for pay spaces, parking meters, short term loading areas, and parking reserved for clinical patients, a faculty member, staff member, student, visitor, contractor, or vendor shall purchase a University of Utah parking permit from Commuter Services and register the vehicle license plate.

(2) Only one vehicle per assigned permit may be parked on campus at a given time. If more than one vehicle registered to a single permit is found on campus, a ticket will be issued.

(3) Each permit parking area and enforcement time is designated by signs posted at the lot's entrance, and inside the lot as needed.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-5-3 Permit Classifications and Eligibility

(1) A faculty and staff permit may be purchased by any eligible faculty or staff member. Only one faculty and staff permit shall be available to each eligible faculty or staff member. Persons eligible are:

(a) full time salaried personnel, 75% full time equivalent;

(b) faculty approved by the academic vice president; and

(2) A reserved parking permit may be purchased by an eligible faculty or staff member. The permit holder may also park in other A, U, or E areas provided the reserved space remains unoccupied. An unauthorized vehicle parked in a reserved space may be impounded without notification.

(3) A student permit may be purchased by a student, faculty member, or staff member. The permit holder may park in the designated student parking lots.

(4) A disabled permit may be purchased by a qualified driver with disabilities. An applicant must qualify under state statutes that govern parking for the disabled.

(5) Other permits may be purchased from Commuter Services to control parking areas.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R810-6 Permit Prices and Refunds

Utah Admin. Code R810-6-1 Authority

This rule is authorized by Section 53B-3-103.

History

KEY: parking facilities
Date of Last Change: February 8, 2022
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-6-2 Prices

Permit prices are subject to change upon approval of the University Administration and Board of Trustees.

History

KEY: parking facilities
Date of Last Change: February 8, 2022
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-6-3 Prorations

An annual permit is purchased for one academic year. The purchase price may be prorated according to the divisions of the academic year as determined by the University.

History

KEY: parking facilities
Date of Last Change: February 8, 2022
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-6-4 Refunds

An Active permit may be returned for a prorated refund for up to 60 days from the date of purchase provided a request is made to Commuter Services before that time.

History

KEY: parking facilities
Date of Last Change: February 8, 2022
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R810-8 Vendor Regulations

Utah Admin. Code R810-8-1 Authority

This rule is authorized by Section 53B-3-103.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-8-2 Parking Options for Vendors and Sales Representatives

(1) A vendor or sales representative may:

(a) purchase a vendor permit from Commuter Services;

(b) purchase a day pass; or

(2) A vendor shall obey University parking regulations.

(3) A department being served by a vendor may not exempt the vendor from parking regulations.

(4) A vendor permit is limited to business use only and may not be used to attend classes or for all-day parking.

(5) A University of Utah employee may not use a departmental vendor permit in lieu of a University of Utah parking permit. A University employee's vehicle displaying a departmental vendor permit must also have a parking permit from Commuter Services.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: October 18, 2022
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R810-9 Contractors and Their Employees

Utah Admin. Code R810-9-1 Authority

This rule is authorized by Section 53B-3-103.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-9-2 Contractors and Their Employees

Commuter Services may authorize temporary parking areas for a contractor and the contractor's employees during construction projects. To park vehicles on campus, a contractor shall purchase a parking permit and register the contractor's vehicle's license plate. Personal vehicles may not be parked in designated construction staging areas.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R810-10 Enforcement System

Utah Admin. Code R810-10-1 Authority

This rule is authorized by Section 53B-3-103.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-10-2 Responsibility

A parking ticket is the responsibility of the registered owner of the vehicle or the registered permit holder.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-10-3 Hours of Enforcement

Parking regulations are enforced as posted year-round, including periods between semesters. Permit areas and meters are not regulated on University observed holidays.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-10-4 University Fee Payments and Penalties

A fee is charged for a ticket in accordance with the amount listed on the ticket. A vehicle with unpaid tickets may be impounded and towed at the owner's expense. The University may also apply other remedies including:

(1) academic holds, including transcript and registration holds for a student;

(2) payroll deduction from paychecks for tickets that remain unpaid after 30 days for a staff member; and

(3) collection through the judicial process or garnishment of state income tax returns.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R810-11 Appeals System

Utah Admin. Code R810-11-1 Authority

This rule is authorized by Section 53B-3-103.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

Utah Admin. Code R810-11-2 Appealing a Parking Ticket

(1) An appeal of a ticket must be submitted online.

(2) The decision of the appeals officer may be appealed to the Campus Parking Ticket Appeals Committee after the ticket has been paid.

History

KEY: parking facilities
Date of Last Change: October 4, 2022
Notice of Continuation: December 17, 2021
Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107

R813 Utah State University

R813-2 Disclosure of University Records

Utah Admin. Code R813-2-1 Purpose

(1) Utah State University (USU or University) is committed to conducting the business of the University in an open and transparent manner.

(2) The purpose of this rule is to implement the Government Records Access and Management Act (GRAMA) and outline the retention, designation, and disclosure requirements for USU records. This rule applies to records received, created, or maintained by USU.

History

KEY: higher education, GRAMA, records
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-3-201

Utah Admin. Code R813-2-2 Authority

This rule is authorized by Sections 63G-2-204 and 63G-3-201.

History

KEY: higher education, GRAMA, records
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-3-201

Utah Admin. Code R813-2-3 Record Designations

(1) The University President, as the chief administrative officer, delegates to the USU Records Manager the authority to report record designations to the Utah State Archives. This delegation of authority will remain in effect until the University President rescinds such authority.

(2) The University Records Manager designates each particular record, record series, or information within a record as public, private, controlled, protected, or exempt from disclosure under GRAMA.

(3) Pursuant to the delegation of authority from the President, the USU Records Manager reports record designations to the Utah State Archives. See Section 63G-2-307.

History

KEY: higher education, GRAMA, records
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-3-201

Utah Admin. Code R813-2-4 GRAMA Record Requests

(1) Records that are governed by the Family Educational Rights and Privacy Act (FERPA) are not governed by GRAMA. They are accessed and disclosed pursuant to University Policy and applicable federal laws and regulations.

(2) In compliance with GRAMA, USU will provide access to public records that are not otherwise protected from disclosure and are requested pursuant to a properly submitted GRAMA request.

(a) A records request must be made in writing.

(i) To request access to USU's records, an individual should complete USU's GRAMA form, which is available online.

(ii) The completed form will be sent to the USU Records Manager.

(iii) A person who does not have an email address or is unwilling to accept electronic communications related to the person's request shall submit, by U.S. mail or hand delivery, the information described in this subsection to the USU Records Manager at 1465 Old Main Hill, Suite 101, Logan, UT 84322-146.

(b) Requests submitted to other departments, faculty, or staff within USU may cause USU's response to be delayed.

(3) USU will comply with the response time outlined within GRAMA.

(4) Consistent with GRAMA, USU will charge reasonable fees to cover the actual costs of responding to an individual's request.

(5) Generally, fees will be assessed for the direct and indirect costs of duplicating and compiling a record to respond to the request.

History

KEY: higher education, GRAMA, records
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-3-201

Utah Admin. Code R813-2-5 Fees

(1) USU will require payment of past and future estimated fees before beginning to process a request if the requester has not paid fees from previous requests.

(2) Charges are not made for reviewing or retrieving records.

(3) Fees will be assessed according to the USU Records Fee Schedule.

(4) USU may waive fees under certain circumstances as provided for under GRAMA.

(a) Requests for the waiver of fees must be made in writing to the USU Records Manager, utilizing the GRAMA request form.

(b) Waiving of fees is at the sole discretion of the USU Records Manager.

History

KEY: higher education, GRAMA, records
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-3-201

Utah Admin. Code R813-2-6 Disclosures Not Made Pursuant to a GRAMA Request

(1) GRAMA, FERPA, and other federal and state laws and regulations allow for USU to release otherwise protected records without notice to the individual who is the subject of the record if it is in the receipt of a court order or subpoena signed by a judge from a court of competent jurisdiction.

(2) FERPA educational records will be released pursuant to University Policy and applicable federal laws and regulations. Educational records that are not accessible and released through USU's Registrar's Office pursuant to University Policy will be released through the USU Records Manager following FERPA guidelines and regulations.

History

KEY: higher education, GRAMA, records
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-3-201

Utah Admin. Code R813-2-7 GRAMA Record Response Appeals

(1) Pursuant to GRAMA, an individual may appeal an access denial to USU records to the University President as the chief administrative officer or the President's designee under Subsection 63G-2-401(9). The President delegates to the Vice President of Finance and Administrative Services authority to issue and carry out decisions regarding GRAMA records and appeals and the authority to carry out the appeal process outlined within this rule. This designation of authority will remain in effect until the University President rescinds such authority.

(2) If the USU Records Manager denies access to a record, the requestor may appeal that determination:

(a) to the Vice President of Finance and Administrative Services;

(b) within 30 days of the determination; and

(c) by providing written notice of appeal according to Section 63G-2-401 and as outlined in the denial USU issued pursuant to Section 63G-2-205.

(3) A requestor may contest the accuracy or completeness of the records concerning the requestor.

(4) Appeals from decisions described in Subsection R813-2-7(3):

(a) are governed by Title 63G, Chapter 4, the Utah Administrative Procedures Act; and

(b) shall be conducted informally rather than formally, per Section 63G-4-203.

History

KEY: higher education, GRAMA, records
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-3-201

R813-3 Trespass

Utah Admin. Code R813-3-1 Purpose

(1) This rule implements Section 76-8-703.

(2) This rule governs the physical exclusion of individuals from Utah State University campuses, property, buildings, events, and activities.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107

Utah Admin. Code R813-3-2 Authority

This rule is authorized by Sections 53B-20-107, 63G-3-201, and 76-8-703.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107

Utah Admin. Code R813-3-3 Scope

This rule applies to all individuals present on University Property, including employees, students, and any visitors.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107

Utah Admin. Code R813-3-4 Definitions

(1) "Chief" means the University Chief of Police.

(2) "Designee" means the individual who the Chief designates authority and responsibilities, which can be revoked at any time by the Chief.

(3) "Trespass Order" means an official directive, verbally or in written form, from the Chief or a Designee to an offending individual to leave and remain off University Property.

(4) "University" or "USU" means Utah State University.

(5) "USU PD" means the University Police Department.

(5) "University Property" means any University facility or property, physical or virtual, owned, operated, or controlled by the University, including without limitation University learning management systems, residential campuses, regional campuses, University centers, and farms.

(6) "Verbal Trespass Order" a Trespass Order that is issued verbally, and followed up with a Written Trespass Order, pursuant to Section R813-3-5.

(7) "Written Trespass Order" a Trespass Order that is written and issued pursuant to Section R813-3-5.

(8) "University Property" refers to any University facility or property, physical or virtual, owned, operated, or controlled by the University, including without limitation University learning management systems, residential campuses, regional campuses, University centers, and farms.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107

Utah Admin. Code R813-3-5 Exclusion from University Property

The University may exclude individuals from University Property by:

(1) issuing a Trespass Order, as set forth in Section R813-3-5;

(2) posting signs reasonably likely to come to the attention of a trespasser;

(3) fencing or otherwise enclosing University Property in a manner that is obviously designed to exclude a trespasser; or

(4) notifying an individual that they cannot come onto University Property via notice of a temporary or final suspension or expulsion.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107

Utah Admin. Code R813-3-6 Trespass Orders

(1) Pursuant to Utah law, the University President, as the chief administrative officer, may order individuals to leave University Property.

(a) To ensure the safety and security of the campus, the President delegates authority to the Chief of Police to issue and carry out Trespass Orders.

(b) Further, the President delegates the Chief of Police with authority to designate members of the Utah State University Police Department with authority to act for the Chief of Police and order individuals to leave University Property and to otherwise support the Chief of Police in enforcing this rule.

(2) The President and the Chief of Police or their Designee or Designees may verbally order an individual to leave the University Property if there is reasonable cause to believe an individual:

(a) intends to act to:

(i) cause injury to a person;

(ii) cause damage to property;

(iii) commit a crime;

(iv) interfere with the peaceful conduct of the activities of the University;

(v) violate any lawful university rule, policy, or regulation;

(vi) disrupt the University, its pupils, or the University's activities; or

(b) is reckless as to whether the person's actions will cause fear for the safety of another.

(3) When ordering an individual to leave University Property, the Chief of Police or the Chief's Designee or Designees will:

(a) identify themselves to the offending individual;

(b) request that the offending individual identify themselves;

(d) explain that the individual is being trespassed from University Property, meaning that the individual may not return until the date stated on the forthcoming Written Trespass Order; and

(e) explain the consequences for failing to adhere to the Trespass Order, including that the individual will be in violation of Utah law and may be charged with a Class B misdemeanor for the first offense and a Class A misdemeanor for a second offense.

(4) After issuing the Verbal Trespass Order, the Chief of Police or Designee or Designees will draft a Written Trespass Order. USU PD will serve the Written Trespass Order to the offending individual within two business days of the Verbal Trespass Order.

(5) Regardless of whether a Verbal Trespass Order has been issued to an offending individual, the Chief of Police or Designee or Designees will issue a Written Trespass Order. At minimum, the Written Trespass Order will include:

(a) the date on which the Verbal Trespass Order, if applicable, was issued;

(b) the date on which the Written Trespass Order is effective;

(d) the actions committed by the individual that are the basis for the Trespass Order;

(e) the date on which the Trespass Order will expire; and

(f) an explanation of the individual's right of appeal and the process for doing so.

(6) All Written Trespass Orders delivered by USU PD will be recorded through the USU PD reporting systems and will be copied to the Vice President for Student Affairs if the offending individual is a student, the University Provost, and the responsible Dean if the offending individual is faculty, and the responsible Vice President or Dean if the offending individual is an employee.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107

Utah Admin. Code R813-3-7 Right to Challenge

(1) Any individual who is the subject of a Trespass Order may petition the University to lift the Trespass Order by demonstrating:

(a) the Trespass Order was issued in conflict with university policy; or

(b) the offending conduct giving rise to the Trespass Order is not likely to be repeated or does not otherwise present a disruption of safety concern to the University.

(2) A written petition challenging a Trespass Order must be made in accordance with University Procedures and submitted to USU's Executive Director of Public Safety.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107

Utah Admin. Code R813-3-8 Criminal Prosecution

Individuals in violation of a Trespass Order under this rule may be subject to criminal prosecution in accordance with Section 76-8-703. Nothing in this rule limits the ability of the University to participate in the criminal prosecution of any individual in violation of applicable trespass laws.

History

KEY: higher education, trespass
Date of Last Change: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 76-8-703; 53B-20-107