Terms Used In Utah Code > Title 6 > Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors

• Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 17-27a-103
• Accident and health insurance: means insurance to provide protection against economic losses resulting from:
            (1)(a)(i) a medical condition including:

                 (1)(a)(i)(A) a medical care expense; or

                 (1)(a)(i)(B) the risk of disability;
            (1)(a)(ii) accident; or
            (1)(a)(iii) sickness. See Utah Code 31A-1-301
• account: means a trust account established at a depository institution in this state pursuant to a medical care savings account program to pay the eligible medical expenses of:
       (9)(a) an employee or account holder; and
       (9)(b) the dependents of the employee or account holder. See Utah Code 31A-32a-102
• Account administrator: means any of the following:
       (1)(a) a depository institution as defined in Section 7-1-103;
       (1)(b) a trust company as defined in Section 7-1-103;
       (1)(c) an insurance company authorized to do business in this state under this title;
       (1)(d) a third party administrator licensed under Section 31A-25-203; and
       (1)(e) an employer if the employer has a self-insured health plan under ERISA. See Utah Code 31A-32a-102
• Account holder: means the resident individual who establishes a medical care savings account or for whose benefit a medical care savings account is established. See Utah Code 31A-32a-102
• accounting: means :
       (1)(a) the systematic recording, classification, or summarizing of a financial transaction or event; and
       (1)(b) the interpretation or presentation of the result of an action described in Subsection (1)(a). See Utah Code 17-19a-102
• Accounting services: means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report. See Utah Code 17-19a-102
• Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
• Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adversely affected party: means a person other than a land use applicant who:
       (2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
       (2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103
• Advertising: includes the following, if the requirements of Subsection (1)(a) are met:
            (1)(b)(i) a written, electronic, or printed communication;
            (1)(b)(ii) a communication by means of a recorded telephone message;
            (1)(b)(iii) a communication transmitted on radio, television, the Internet, or similar communications media; and
            (1)(b)(iv) a film strip, motion picture, or video. See Utah Code 31A-36-102
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property owner's association, public utility, or the Department of Transportation, if:
       (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
       (3)(b) the entity has filed with the county a copy of the entity's general or long-range plan; or
       (3)(c) the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 17-27a-103
• Affected owner: means the owner of real property that is:
       (4)(a) a single project;
       (4)(b) the subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601(6); and
       (4)(c) determined to be legally referable under Section Utah Code 17-27a-103
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized agency: means :
       (1)(a) the attorney general;
       (1)(b) the state fire marshal;
       (1)(c) any state law enforcement agency;
       (1)(d) any criminal investigative department or agency of the United States;
       (1)(e) a district attorney;
       (1)(f) the prosecuting attorney of any municipality or county;
       (1)(g) the department; or
       (1)(h) the disciplinary section of an agency licensing a service provider. See Utah Code 31A-31-102
• authorized insurer: means an insurer:
            (191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
            (191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
• Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 17-27a-103
• Book: means a financial record of the county, regardless of a record's format. See Utah Code 17-19a-102
• Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
• Bridge program: means the program established by the Department of Workforce Services on July 1, 2003:
       (1)(a) to implement the federal health coverage tax credit program;
       (1)(b) with federal funds; and
       (1)(c) for qualified participants. See Utah Code 31A-38-102
• business of insurance: includes :
       (98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;
       (98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:

            (98)(b)(i) by a single employer or by multiple employer groups; or

            (98)(b)(ii) through one or more trusts, associations, or other entities;
       (98)(c) providing an annuity:

            (98)(c)(i) including an annuity issued in return for a gift; and

            (98)(c)(ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
       (98)(d) providing the characteristic services of a motor club;
       (98)(e) providing another person with insurance;
       (98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
       (98)(g) transacting or proposing to transact any phase of title insurance, including:

            (98)(g)(i) solicitation;

            (98)(g)(ii) negotiation preliminary to execution;

            (98)(g)(iii) execution of a contract of title insurance;

            (98)(g)(iv) insuring; and

            (98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
       (98)(h) transacting or proposing a life settlement; and
       (98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
• Business of life settlements: includes the following:
       (2)(a) offering a life settlement;
       (2)(b) soliciting a life settlement;
       (2)(c) negotiating a life settlement;
       (2)(d) procuring a life settlement;
       (2)(e) effectuating a life settlement;
       (2)(f) purchasing a life settlement;
       (2)(g) investing in a life settlement;
       (2)(h) financing a life settlement;
       (2)(i) monitoring a life settlement;
       (2)(j) tracking a life settlement;
       (2)(k) underwriting a life settlement;
       (2)(l) selling a life settlement;
       (2)(m) transferring a life settlement;
       (2)(n) assigning a life settlement;
       (2)(o) pledging a life settlement;
       (2)(p) hypothecating a life settlement; or
       (2)(q) in any other manner acquiring an interest in an insurance policy by means of a life settlement. See Utah Code 31A-36-102
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• Charter school: means :
            (7)(a)(i) an operating charter school;
            (7)(a)(ii) a charter school applicant that a charter school authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
            (7)(a)(iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 17-27a-103
• Chronically ill: means :
       (3)(a) being unable to perform at least two activities of daily living, such as eating, toileting, moving from one place to another, bathing, dressing, or continence;
       (3)(b) requiring substantial supervision for protection from threats to health and safety because of severe cognitive impairment; or
       (3)(c) having a level of disability similar to that described in Subsection (3)(a). See Utah Code 31A-36-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Utah Electronic Recording Commission established in Section 17-21a-302. See Utah Code 17-21a-102
• Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 17-27a-103
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
       (5)(a) direct or exercise a controlling influence over:

            (5)(a)(i) the management or policies of a financial institution; or

            (5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
       (5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means an insurance corporation, except when referring to:
            (34)(a)(i) a corporation doing business:

                 (34)(a)(i)(A) as:

                      (34)(a)(i)(A)(I) an insurance producer;

                      (34)(a)(i)(A)(II) a surplus lines producer;

                      (34)(a)(i)(A)(III) a limited line producer;

                      (34)(a)(i)(A)(IV) a consultant;

                      (34)(a)(i)(A)(V) a managing general agent;

                      (34)(a)(i)(A)(VI) a reinsurance intermediary;

                      (34)(a)(i)(A)(VII) a third party administrator; or

                      (34)(a)(i)(A)(VIII) an adjuster; and

                 (34)(a)(i)(B) under:

                      (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;

                      (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or

                      (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
            (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
• County auditor: includes a person given the title of county controller under Subsection 17-19a-202(6). See Utah Code 17-19a-102
• County executive: means the elected chief executive officer of a county. See Utah Code 17-19a-102
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County utility easement: means an easement that:
       (11)(a) a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement;
       (11)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
       (11)(c) the county or the county's affiliated governmental entity owns or creates; and
       (11)(d)

            (11)(d)(i) either:

                 (11)(d)(i)(A) no person uses or occupies; or

                 (11)(d)(i)(B) the county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; or

            (11)(d)(ii) a person uses or occupies with or without an authorized franchise or other agreement with the county. See Utah Code 17-27a-103
• Credit union: means a cooperative, nonprofit association incorporated under:
       (6)(a) Chapter 9, Utah Credit Union Act; or
       (6)(b) Utah Code 7-1-103
• Creditor: means a person, including an insured, having a claim, whether:
       (39)(a) matured;
       (39)(b) unmatured;
       (39)(c) liquidated;
       (39)(d) unliquidated;
       (39)(e) secured;
       (39)(f) unsecured;
       (39)(g) absolute;
       (39)(h) fixed; or
       (39)(i) contingent. See Utah Code 31A-1-301
• Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deductible: means the total deductible for an employee and all the dependents of that employee for a calendar year. See Utah Code 31A-32a-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Financial Institutions. See Utah Code 7-1-103
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Dependent: A person dependent for support upon another.
• Depository institution: is a s defined in Section 7-1-103. See Utah Code 31A-36-102
• Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
       (8)(a) holds or receives deposits, savings, or share accounts;
       (8)(b) issues certificates of deposit; or
       (8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
• Depository institution holding company: means :
            (9)(a)(i) a person other than an individual that:

                 (9)(a)(i)(A) has control over a depository institution; or

                 (9)(a)(i)(B) becomes a holding company of a depository institution under Section 7-1-703; or
            (9)(a)(ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
• Development activity: means :
       (13)(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
       (13)(b) any change in use of a building or structure that creates additional demand and need for public facilities; or
       (13)(c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-103
• Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103
• Devise: To gift property by will.
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
       (51)(a) perform the duties of:

            (51)(a)(i) that individual's occupation; or

            (51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
       (51)(b) perform two or more of the following basic activities of daily living:

            (51)(b)(i) eating;

            (51)(b)(ii) toileting;

            (51)(b)(iii) transferring;

            (51)(b)(iv) bathing; or

            (51)(b)(v) dressing. See Utah Code 31A-1-301
• Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 17-27a-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Document: means information that is:
       (2)(a) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
       (2)(b) eligible to be recorded in the land records maintained by the county recorder. See Utah Code 17-21a-102
• Drug: means a substance that is:
            (1)(a)(i)

                 (1)(a)(i)(A) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans; and

                 (1)(a)(i)(B) recognized in or in a supplement to the official United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the official National Formulary;
            (1)(a)(ii) required by an applicable federal or state law or rule to be dispensed by prescription only;
            (1)(a)(iii) restricted to administration by practitioners only;
            (1)(a)(iv) a substance other than food intended to affect the structure or a function of the human body; or
            (1)(a)(v) intended for use as a component of a substance described in Subsection (1)(a)(i), (ii), (iii), or (iv). See Utah Code 31A-48-102
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Utah Code 17-21a-102
• Employee: means the individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. See Utah Code 31A-32a-102
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• ERISA: means the Employee Retirement Income Security Act of 1974, Public Law 93-406, 88 Stat. See Utah Code 31A-32a-102
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Escrow: means :
            (64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:

                 (64)(a)(i)(A) the explanation, holding, or creation of a document; or

                 (64)(a)(i)(B) the receipt, deposit, and disbursement of money; or
            (64)(a)(ii) a settlement or closing involving:

                 (64)(a)(ii)(A) a mobile home;

                 (64)(a)(ii)(B) a grazing right;

                 (64)(a)(ii)(C) a water right; or

                 (64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
• Escrow agent: means an agency title insurance producer meeting the requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Federal health coverage tax credit program: means the health care tax credit program authorized by the Trade Reform Act. See Utah Code 31A-38-102
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fiduciary: A trustee, executor, or administrator.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
• Financial institution holding company: means a person, other than an individual that has control over a financial institution or a person that becomes a financial institution holding company under this chapter, including an out-of-state or foreign depository institution holding company. See Utah Code 7-1-103
• Financial loss: includes :
       (2)(a) out-of-pocket expenses;
       (2)(b) reasonable attorney fees;
       (2)(c) repair and replacement costs; or
       (2)(d) claims payments. See Utah Code 31A-31-102
• Financing entity: includes , if the requirements of Subsection (5)(a) are met, the following:
            (5)(b)(i) an underwriter;
            (5)(b)(ii) a placement agent;
            (5)(b)(iii) an enhancer of credit;
            (5)(b)(iv) a lender;
            (5)(b)(v) a purchaser of securities; and
            (5)(b)(vi) a purchaser of a policy from a life settlement provider. See Utah Code 31A-36-102
• Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Flood plain: means land that:
       (18)(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
       (18)(b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 17-27a-103
• Form: means , in addition to a form as defined in Section 31A-1-301:
       (6)(a) a life settlement;
       (6)(b) a disclosure to an owner;
       (6)(c) a notice of intent to settle; or
       (6)(d) a verification of coverage. See Utah Code 31A-36-102
• Form: means one of the following prepared for general use:
            (74)(a)(i) a policy;
            (74)(a)(ii) a certificate;
            (74)(a)(iii) an application;
            (74)(a)(iv) an outline of coverage; or
            (74)(a)(v) an endorsement. See Utah Code 31A-1-301
• Fraud: Intentional deception resulting in injury to another.
• General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
       (20)(a) the unincorporated land within the county; or
       (20)(b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103
• Geologic hazard: means :
       (21)(a) a surface fault rupture;
       (21)(b) shallow groundwater;
       (21)(c) liquefaction;
       (21)(d) a landslide;
       (21)(e) a debris flow;
       (21)(f) unstable soil;
       (21)(g) a rock fall; or
       (21)(h) any other geologic condition that presents a risk:

            (21)(h)(i) to life;

            (21)(h)(ii) of substantial loss of real property; or

            (21)(h)(iii) of substantial damage to real property. See Utah Code 17-27a-103
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
       (83)(a) a professional service;
       (83)(b) a personal service;
       (83)(c) a facility;
       (83)(d) equipment;
       (83)(e) a device;
       (83)(f) supplies; or
       (83)(g) medicine. See Utah Code 31A-1-301
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
• health insurance: means insurance providing:
            (84)(a)(i) a health care benefit; or
            (84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
• Higher deductible: means a deductible of not less than $1,000. See Utah Code 31A-32a-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Home-based microschool: means the same as that term is defined in Section 53G-6-201. See Utah Code 17-27a-103
• Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility system. See Utah Code 17-27a-103
• Identical plans: means building plans submitted to a county that:
       (24)(a) are clearly marked as "identical plans";
       (24)(b) are substantially identical building plans that were previously submitted to and reviewed and approved by the county; and
       (24)(c) describe a building that:

            (24)(c)(i) is located on land zoned the same as the land on which the building described in the previously approved plans is located;

            (24)(c)(ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans;

            (24)(c)(iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the county; and

            (24)(c)(iv) does not require any additional engineering or analysis. See Utah Code 17-27a-103
• Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 17-27a-103
• Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
       (26)(a) recording a subdivision plat; or
       (26)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103
• Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
       (27)(a) complies with the county's written standards for design, materials, and workmanship; and
       (27)(b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 17-27a-103
• Improvement warranty period: means a period:
       (28)(a) no later than one year after a county's acceptance of required landscaping; or
       (28)(b) no later than one year after a county's acceptance of required infrastructure, unless the county:

            (28)(b)(i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and

            (28)(b)(ii) has substantial evidence, on record:

                 (28)(b)(ii)(A) of prior poor performance by the applicant; or

                 (28)(b)(ii)(B) that the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 17-27a-103
• Individual: means a natural person. See Utah Code 31A-1-301
• Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
• Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103
• Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
       (29)(a) is required for human consumption; and
       (29)(b) an applicant must install:

            (29)(b)(i) in accordance with published installation and inspection specifications for public improvements; and

            (29)(b)(ii) as a condition of:

                 (29)(b)(ii)(A) recording a subdivision plat;

                 (29)(b)(ii)(B) obtaining a building permit; or

                 (29)(b)(ii)(C) developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insolvent: means that:
       (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
       (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
       (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
• Institution: means :
       (19)(a) a corporation;
       (19)(b) a limited liability company;
       (19)(c) a partnership;
       (19)(d) a trust;
       (19)(e) an association;
       (19)(f) a joint venture;
       (19)(g) a pool;
       (19)(h) a syndicate;
       (19)(i) an unincorporated organization; or
       (19)(j) any form of business entity. See Utah Code 7-1-103
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• insurance company: means a person doing an insurance business as a principal including:
            (104)(a)(i) a fraternal benefit society;
            (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
            (104)(a)(iii) a motor club;
            (104)(a)(iv) an employee welfare plan;
            (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
            (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• Insurer: means any person or aggregation of persons:
       (3)(a) doing insurance business, as defined in Section 31A-1-301; or
       (3)(b) subject to the supervision of the commissioner under:

            (3)(b)(i) this title; or

            (3)(b)(ii) any equivalent insurance supervisory official of another state. See Utah Code 31A-31-102
• Insurer: means the same as that term is defined in Section 31A-22-634. See Utah Code 31A-48-102
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
       (30)(a) runs with the land; and
       (30)(b)

            (30)(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or

            (30)(b)(ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 17-27a-103
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103
• Land use authority: means :
       (35)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
       (35)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
• Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
       (36)(a) a land use permit;
       (36)(b) a land use application; or
       (36)(c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
• Land use permit: means a permit issued by a land use authority. See Utah Code 17-27a-103
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life expectancy: means the mean number of months an individual insured under a policy to be settled can be expected to live considering medical records and appropriate experiential data. See Utah Code 31A-36-102
• Life insurance: means :
            (114)(a)(i) insurance on a human life; and
            (114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
• Life settlement: includes :
            (8)(b)(i) the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns a policy if the trust or other entity is formed or operated for the principal purpose of acquiring one or more policies; or
            (8)(b)(ii) a premium finance loan made for a policy by a lender to an owner on, before, or after the date of issuance of the policy if the owner:

                 (8)(b)(ii)(A) receives on the date of the premium finance loan a guarantee of a future life settlement value of the policy; or

                 (8)(b)(ii)(B) agrees on the date of the premium finance loan to sell the policy or any portion of the policy's death benefit on a date following the issuance of the policy. See Utah Code 31A-36-102
• Life settlement producer: means a person licensed in the state as a life insurance producer that on behalf of an owner and for consideration offers or attempts to negotiate a life settlement between the owner and one or more life settlement providers. See Utah Code 31A-36-102
• Life settlement provider: means a person other than an owner that enters into or effectuates a life settlement. See Utah Code 31A-36-102
• Life settlement purchaser: means a person that, to derive an economic benefit:
            (11)(a)(i) provides a sum of money as consideration for a policy or an interest in the death benefits of a policy; or
            (11)(a)(ii) owns, acquires, or is entitled to a beneficial interest in a trust that:

                 (11)(a)(ii)(A) owns a life settlement; or

                 (11)(a)(ii)(B) is the beneficiary of a policy that has been or will be the subject of a life settlement. See Utah Code 31A-36-102
• Long-term care insurance: includes :
            (121)(b)(i) any of the following that provide directly or supplement long-term care insurance:

                 (121)(b)(i)(A) a group or individual annuity or rider; or

                 (121)(b)(i)(B) a life insurance policy or rider;
            (121)(b)(ii) a policy or rider that provides for payment of benefits on the basis of:

                 (121)(b)(ii)(A) cognitive impairment; or

                 (121)(b)(ii)(B) functional capacity; or
            (121)(b)(iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
• Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
• Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608:
            (41)(a)(i) whether or not the lots are located in the same subdivision; and
            (41)(a)(ii) with the consent of the owners of record. See Utah Code 17-27a-103
• Major transit investment corridor: means public transit service that uses or occupies:
       (42)(a) public transit rail right-of-way;
       (42)(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
       (42)(c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:

            (42)(c)(i) a public transit district as defined in Section 17B-2a-802; or

            (42)(c)(ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 17-27a-103
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Manufacturer: means a person that is engaged in the manufacturing of a drug that is available for purchase by residents of the state. See Utah Code 31A-48-102
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Micro-education entity: means the same as that term is defined in Section 53G-6-201. See Utah Code 17-27a-103
• Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 17-27a-103
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nominal fee: means a fee that reasonably reimburses a county only for time spent and expenses incurred in:
       (46)(a) verifying that building plans are identical plans; and
       (46)(b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 17-27a-103
• nonadmitted insurer: means an insurer:
            (191)(a)(i) not holding a valid certificate of authority to do an insurance business in this state; or
            (191)(a)(ii) transacting business not authorized by a valid certificate. See Utah Code 31A-1-301
• Noncomplying structure: means a structure that:
       (47)(a) legally existed before the structure's current land use designation; and
       (47)(b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. See Utah Code 17-27a-103
• Nonconforming use: means a use of land that:
       (48)(a) legally existed before the current land use designation;
       (48)(b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and
       (48)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official map: means a map drawn by county authorities and recorded in the county recorder's office that:
       (49)(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
       (49)(b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
       (49)(c) has been adopted as an element of the county's general plan. See Utah Code 17-27a-103
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
• Owner: means any of the following who resides in this state and seeks to enter into a life settlement:
            (12)(a)(i) the owner of a policy; or
            (12)(a)(ii) the holder of a certificate of a group policy. See Utah Code 31A-36-102
• Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
• Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 17-27a-523, if no additional parcel is created and:
            (51)(a)(i) none of the property identified in the agreement is a lot; or
            (51)(a)(ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 17-27a-103
• Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance audit: means an assessment of whether a county office, officer, department, division, court, or entity, or any related county program is:
       (9)(a) managing public resources and exercising authority in compliance with law and policy;
       (9)(b) achieving objectives and desired outcomes; and
       (9)(c) providing services effectively, efficiently, economically, ethically, and equitably. See Utah Code 17-19a-102
• Person: means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity. See Utah Code 31A-31-102
• Person: means :
       (27)(a) an individual;
       (27)(b) a corporation;
       (27)(c) a limited liability company;
       (27)(d) a partnership;
       (27)(e) a trust;
       (27)(f) an association;
       (27)(g) a joint venture;
       (27)(h) a pool;
       (27)(i) a syndicate;
       (27)(j) a sole proprietorship;
       (27)(k) an unincorporated organization; or
       (27)(l) any form of business entity. See Utah Code 7-1-103
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 17-21a-102
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan for moderate income housing: means a written document adopted by a county legislative body that includes:
       (53)(a) an estimate of the existing supply of moderate income housing located within the county;
       (53)(b) an estimate of the need for moderate income housing in the county for the next five years;
       (53)(c) a survey of total residential land use;
       (53)(d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
       (53)(e) a description of the county's program to encourage an adequate supply of moderate income housing. See Utah Code 17-27a-103
• Planning advisory area: means a contiguous, geographically defined portion of the unincorporated area of a county established under this part with planning and zoning functions as exercised through the planning advisory area planning commission, as provided in this chapter, but with no legal or political identity separate from the county and no taxing authority. See Utah Code 17-27a-103
• Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
• Policy: means :
       (13)(a) an individual or group life insurance policy;
       (13)(b) an individual or group annuity policy;
       (13)(c) a group life insurance certificate;
       (13)(d) a group annuity certificate; or
       (13)(e) a life insurance policy or an annuity policy, whether or not delivered or issued for delivery in Utah:

            (13)(e)(i) affecting the rights of a resident of Utah; or

            (13)(e)(ii) bearing a reasonable relation to Utah. See Utah Code 31A-36-102
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• Potential geologic hazard area: means an area that:
       (56)(a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
       (56)(b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 17-27a-103
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Premium: includes , however designated:
            (156)(b)(i) an assessment;
            (156)(b)(ii) a membership fee;
            (156)(b)(iii) a required contribution; or
            (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
• Premium finance loan: is a loan made primarily for the purpose of making premium payments on a policy if the loan is secured by an interest in the policy. See Utah Code 31A-36-102
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
• program: means one of the following programs:
       (10)(a) a program established by an employer in which the employer:

            (10)(a)(i) purchases a qualified higher deductible health plan for the benefit of an employee and the employee's dependents; and

            (10)(a)(ii) contributes on behalf of an employee into a medical care savings account; or
       (10)(b) a program established by an account holder in which the account holder:

            (10)(b)(i) purchases a qualified higher deductible health plan for the benefit of the account holder and the account holder's dependents; and

            (10)(b)(ii) contributes an amount to the medical care savings account. See Utah Code 31A-32a-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means :
       (57)(a) the federal government;
       (57)(b) the state;
       (57)(c) a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
       (57)(d) a charter school. See Utah Code 17-27a-103
• Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
• Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 17-27a-103
• Qualified higher deductible health plan: means a health coverage policy, certificate, or contract that:
       (11)(a) provides for payments for covered benefits that exceed the higher deductible; and
       (11)(b) is purchased by:

            (11)(b)(i) an employer for the benefit of an employee for whom the employer makes deposits into a medical care savings account; or

            (11)(b)(ii) an account holder. See Utah Code 31A-32a-102
• Qualified participant: means an individual:
       (3)(a) eligible for coverage under the state program in accordance with Section 31A-38-103; and
       (3)(b) qualified by the Internal Revenue Service and the Department of the United States Treasury to participate in the federal health coverage tax credit program. See Utah Code 31A-38-102
• Quorum: The number of legislators that must be present to do business.
• Rate: means :
            (163)(a)(i) the cost of a given unit of insurance; or
            (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

                 (163)(a)(ii)(A) a single number; or

                 (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

                      (163)(a)(ii)(B)(I) expenses;

                      (163)(a)(ii)(B)(II) profit; and

                      (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Receiving zone: means an unincorporated area of a county that the county designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 17-27a-103
• Recess: A temporary interruption of the legislative business.
• Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 17-27a-103
• Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
• Related provider trust: means a trust established by a licensed life settlement provider or a financing entity solely to hold the ownership of or beneficial interests in purchased policies in connection with financing. See Utah Code 31A-36-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residential facility for persons with a disability: means a residence:
       (63)(a) in which more than one person with a disability resides; and
       (63)(b) which is licensed or certified by the Department of Health and Human Services under:

            (63)(b)(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or

            (63)(b)(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 17-27a-103
• Residential roadway: means a public local residential road that:
       (64)(a) will serve primarily to provide access to adjacent primarily residential areas and property;
       (64)(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
       (64)(c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
       (64)(d) has a posted speed limit of 25 miles per hour or less;
       (64)(e) does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
       (64)(f) cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and
       (64)(g) primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 17-27a-103
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
       (65)(a) parliamentary order and procedure;
       (65)(b) ethical behavior; and
       (65)(c) civil discourse. See Utah Code 17-27a-103
• Runner: includes :
            (6)(b)(i) a capper; or
            (6)(b)(ii) a steerer. See Utah Code 31A-31-102
• Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103
• Savings account: means a deposit or other account at a depository institution that is not a transaction account. See Utah Code 7-1-103
• Savings and loan association: means :
       (31)(a) a federal savings and loan association; and
       (31)(b) an out-of-state savings and loan association. See Utah Code 7-1-103
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• Self-insurance: includes :
            (178)(b)(i) an arrangement under which a governmental entity undertakes to indemnify an employee for liability arising out of the employee's employment; and
            (178)(b)(ii) an arrangement under which a person with a managed program of self-insurance and risk management undertakes to indemnify the person's affiliate, subsidiary, director, officer, or employee for liability or risk that arises out of the person's relationship with the affiliate, subsidiary, director, officer, or employee. See Utah Code 31A-1-301
• Sell: means to exchange a contract of insurance:
       (179)(a) by any means;
       (179)(b) for money or its equivalent; and
       (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
• Sending zone: means an unincorporated area of a county that the county designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 17-27a-103
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
• Service provider: means :
       (7)(a) an individual licensed to practice law;
       (7)(b) an individual licensed or certified by the state under:

            (7)(b)(i) this title;

            (7)(b)(ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;

            (7)(b)(iii) Title 58, Occupations and Professions; or

            (7)(b)(iv) Title 61, Securities Division - Real Estate Division;
       (7)(c) an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);
       (7)(d) an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or
       (7)(e) a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance. See Utah Code 31A-31-102
• Settled policy: means a policy that is acquired by a life settlement provider pursuant to a life settlement. See Utah Code 31A-36-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Site plan: means a document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. See Utah Code 17-27a-103
• Special district: includes a governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 17-27a-103
• Special purpose entity: means an entity formed by a licensed life settlement provider solely to enable the life settlement provider to gain access to institutional markets for capital. See Utah Code 31A-36-102
• Specified public agency: means :
       (70)(a) the state;
       (70)(b) a school district; or
       (70)(c) a charter school. See Utah Code 17-27a-103
• Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 17-27a-103
• State: means , unless the context demands otherwise:
       (33)(a) a state;
       (33)(b) the District of Columbia; or
       (33)(c) the territories of the United States. See Utah Code 7-1-103
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 17-21a-102
• State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State program: means the program established under this chapter:
       (4)(a) to implement the federal health coverage tax credit program; and
       (4)(b) for qualified participants. See Utah Code 31A-38-102
• Statement: includes any:
       (8)(a)

            (8)(a)(i) notice;

            (8)(a)(ii) statement;

            (8)(a)(iii) proof of loss;

            (8)(a)(iv) bill of lading;

            (8)(a)(v) receipt for payment;

            (8)(a)(vi) invoice;

            (8)(a)(vii) account;

            (8)(a)(viii) estimate of property damage;

            (8)(a)(ix) bill for services;

            (8)(a)(x) diagnosis;

            (8)(a)(xi) prescription;

            (8)(a)(xii) hospital or doctor record;

            (8)(a)(xiii) x-ray;

            (8)(a)(xiv) test result; or

            (8)(a)(xv) other evidence of loss, injury, or expense; or
       (8)(b) item listed in Subsection (8)(a) that is a computer-generated document. See Utah Code 31A-31-102
• Statute: A law passed by a legislature.
• Stranger-originated life insurance: includes when:
            (18)(b)(i) a policy is purchased with resources or guarantees from or through a person who, at the time of policy origination, could not lawfully initiate the policy itself; and
            (18)(b)(ii) at the time of policy origination, there is an agreement, whether oral or written, to directly or indirectly transfer to a third party the ownership of a policy, policy benefits, or both. See Utah Code 31A-36-102
• Subdivision: includes :
            (73)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
            (73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103
• Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 17-27a-608 that:
            (74)(a)(i) vacates all or a portion of the subdivision;
            (74)(a)(ii) alters the outside boundary of the subdivision;
            (74)(a)(iii) changes the number of lots within the subdivision;
            (74)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
            (74)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 17-27a-103
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
• Substantial evidence: means evidence that:
       (75)(a) is beyond a scintilla; and
       (75)(b) a reasonable mind would accept as adequate to support a conclusion. See Utah Code 17-27a-103
• Summons: Another word for subpoena used by the criminal justice system.
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Suspect soil: means soil that has:
       (76)(a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
       (76)(b) bedrock units with high shrink or swell susceptibility; or
       (76)(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. See Utah Code 17-27a-103
• Terminally ill: means having a condition that reasonably may be expected to result in death within 24 months. See Utah Code 31A-36-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutic school: means a residential group living facility:
       (77)(a) for four or more individuals who are not related to:

            (77)(a)(i) the owner of the facility; or

            (77)(a)(ii) the primary service provider of the facility;
       (77)(b) that serves students who have a history of failing to function:

            (77)(b)(i) at home;

            (77)(b)(ii) in a public school; or

            (77)(b)(iii) in a nonresidential private school; and
       (77)(c) that offers:

            (77)(c)(i) room and board; and

            (77)(c)(ii) an academic education integrated with:

                 (77)(c)(ii)(A) specialized structure and supervision; or

                 (77)(c)(ii)(B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. See Utah Code 17-27a-103
• Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trade Reform Act: means the Trade Adjustment Assistance Reform Act of 2002, 107 P. See Utah Code 31A-38-102
• Transaction account: includes :
            (36)(b)(i) demand deposits;
            (36)(b)(ii) NOW accounts;
            (36)(b)(iii) savings deposits subject to automatic transfers; and
            (36)(b)(iv) share draft accounts. See Utah Code 7-1-103
• Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 17-27a-103
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
• under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Water interest: means any right to the beneficial use of water, including:
       (80)(a) each of the rights listed in Section 73-1-11; and
       (80)(b) an ownership interest in the right to the beneficial use of water represented by:

            (80)(b)(i) a contract; or

            (80)(b)(ii) a share in a water company, as defined in Section Utah Code 17-27a-103
• Wholesale acquisition cost: means the same as that term is defined in Utah Code 31A-48-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
• Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 17-27a-103