Utah Code § 53H-8-602

Powers of Utah Board of Higher Education
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The board has the powers necessary to carry out the purposes of this part, including the
following:

(1) to accept gifts, grants, loans, and other aids or amounts from a person, corporation, or
governmental agency;
(2) to loan money to eligible borrowers to assist the eligible borrowers in obtaining a post-high
school education by attending an eligible institution, including refinancing or consolidating
obligations previously incurred by eligible borrowers with other lending sources for this purpose
and participating in loans to eligible borrowers for this purpose with other lending sources;
(3)
(a) to acquire, purchase, or make commitments to purchase, and take assignments from lenders
of obligations;
(b) no obligation is eligible for acquisition, purchase, or commitment to purchase by the board
unless at or before the time of transfer to the board the lender certifies either:
(i) that under and to the extent required by rules and regulations of the board, the proceeds
of sale or its equivalent shall be reinvested in other obligations under the student loan
program; or
(ii) that the obligation was made in anticipation of its sale to the board under rules and
regulations of the board promulgated under this part;
(4) to enforce its rights under a contract or agreement including the commencement of court action;
(5) to acquire, hold, and dispose of real and personal property necessary for the accomplishment
of the purposes of this part;
(6) to obtain insurance against losses which may be incurred in connection with its property,
assets, activities, or the exercise of the powers granted under this part;
(7) to borrow money and to issue its bonds and provide for the rights of bondholders and to secure
the bonds by assignment, pledge, or granting a security interest in its property including all or
a part of an obligation. The state is not liable for the repayment of bonds issued by the board.
The bonds issued by the board are not a debt of the state, and each bond shall contain on its
face a statement to this effect;
(8) to invest funds not required for immediate use or disbursement as provided in the State Money
Management Act;
(9) subject to a contract with the holders of its bonds, an applicable bond resolution, or a contract
with the recipient of a loan, to consent to the modification, with respect to security, rate of
interest, time of payment of interest or principal, or other term of a bond contract or agreement
between the board and a recipient of a loan, bondholder, or agency or institution guaranteeing
the repayment of an obligation;
(10) to engage and employ officers, agents, employees, and other private consultants to
render and perform professional and technical duties, assistance, and advice in carrying
out the purposes of this part, to describe the duties, and to fix the amount and source of the
compensation;
(11) to make rules and regulations governing the activities authorized under this part;
(12) to solicit grants and contributions from the public or from any government or governmental
agency and to arrange for the guaranteeing of the repayment of obligations by other agencies
of this state or the United States;
(13) to collect fees and charges in connection with its loans, commitments, and servicing, including
reimbursement of the costs of financing, service charges, and insurance premiums which are
determined as reasonable and are approved by the board;
(14) to sell obligations held by the board at such prices and at such times as it may determine,
when that sale would not impair the rights or interests of holders of bonds issued by the board;
and

(15) to participate in federal programs supporting loans to eligible borrowers and to agree to, and
comply with, the conditions of those programs.
Renumbered and Amended by Chapter 8, 2025 Special Session 1

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