Section R277-626-3 - Superintendent Responsibilities(1) The Superintendent shall conduct an RFP for an SGO in accordance with Subsection 53E-7-404(2).(2) The Superintendent shall provide all information required to the Utah State Tax Commission in accordance with Subsection 53E-7-404(3)(c).(3) The Superintendent shall provide a tax credit certificate form, in accordance with Subsection 53E-7-404(2)(a) for use by an approved SGO.(4) The Superintendent shall annually recommend to the Board a program donations cap for approval in accordance with Subsection 53E-7-407(4).(5)(a) The Superintendent shall monitor an SGO chosen under Subsection (1) to ensure compliance with state law, including Title 53E, Chapter 7, Part 4, Carson Smith Opportunities Scholarship Program and this Rule R277-626.(b) The Superintendent may recommend remedial action against an SGO in accordance with Rule R277-114 and Subsection 53E-7-404(5).(6)(a) The Superintendent shall: (i) recommend qualifying schools to the Board for approval in accordance with Subsection 53E-7-408(6); and(ii) require, as a condition for approval, that a qualifying school reimburse scholarship money to an SGO if an eligible student discontinues enrollment early.(b) The Superintendent shall post a list of approved qualifying schools on the Board website.(c) The Superintendent may monitor eligible schools for on-going compliance with the requirements of Section 53E-7-408.(7)(a) The Superintendent shall monitor SGO employees and officers in accordance with Subsection 53E-7-410(2).(b) The Superintendent shall initiate corrective action against an SGO if an employee or officer of the SGO is facing charges for, or has been convicted or pled guilty or no contest to a violation of the following state laws or laws of another jurisdiction: (ii) an offense involving fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct.Utah Admin. Code R277-626-3
Adopted by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2024-14, effective 7/9/2024