Utah Code > Title 7 > Chapter 17 – Interest on Mortgage Loan Reserve Accounts


§ 7-17-1	Legislative intent
§ 7-17-2	Definitions
§ 7-17-3	Lender to pay interest — Exceptions — Service charges prohibited
§ 7-17-4	Options in lieu of reserve account — Notice by lender — Selection by borrower — Noninterest-bearing reserve account — Exemption
§ 7-17-5	Statements
§ 7-17-6	Liability of lender for failure to pay taxes, insurance premiums, or other charges
§ 7-17-7	Limit on amount borrower required to pay into account — Deficiency — Method of recouping and remedies for default
§ 7-17-8	Damages for lender’s violation of act — Limitations on recovery
§ 7-17-9	Actions on accounts established prior to 1979 — Limitations on recovery
§ 7-17-10	Applicability of act to accounts and actions thereon

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Terms Used In Utah Code > Title 7 > Chapter 17 - Interest on Mortgage Loan Reserve Accounts

abandoned horse: as used in this chapter means any horse, ass, mule or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state, and includes a foal running with a dam coming within the above definition. See Utah Code 47-2-1
Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 46-1-2
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
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.
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.
affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 46-1-2
Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
Alternative fuel: means :
     (2)(a) propane, natural gas, or electricity; or
     (2)(b) other fuel that the board determines, by rule, to be:
          (2)(b)(i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or
          (2)(b)(ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed. See Utah Code 19-2-302
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.
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Arrest: Taking physical custody of a person by lawful authority.
Artist: means a practitioner in the visual arts, generally recognized by critics and the artist's peers as a professional who is committed to producing high quality work on a regular basis, and who is not the project architect or a member of the project's architectural firm. See Utah Code 9-6-403
Arts: includes traditional, folk, classical, ethnic, contemporary, and other art forms. See Utah Code 9-6-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Before me: means that an individual appears in the presence of the notary. See Utah Code 46-1-2
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}
Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
Board: means the Air Quality Board. See Utah Code 19-2-302
Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-202
Borrower: means any person who becomes obligated on a real estate loan at the time of origination of such loan and includes mortgagors, trustors under trust deeds and vendees under conditional land sales contracts. See Utah Code 7-17-2
Broker: means a person who performs one or more of the following functions for a generator:
          (2)(a)(i) arranges for transportation of the radioactive waste;
          (2)(a)(ii) collects or consolidates shipments of radioactive waste; or
          (2)(a)(iii) processes radioactive waste in some manner. See Utah Code 19-3-102
Byproduct material: means the same as that term is defined in Utah Code 19-3-102
Capital asset: means an asset that:
     (1)(a) is a significant investment or an essential component necessary to provide a wastewater service, including:
          (1)(a)(i) a facility;
          (1)(a)(ii) infrastructure, whether above or below ground level;
          (1)(a)(iii) equipment; or
          (1)(a)(iv) a communications network; and
     (1)(b) is owned by a wastewater service provider. See Utah Code 19-5-201
CERCLA: means Utah Code 19-6-302
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
Commission: means :
(3)(a) to empower to perform notarial acts; or
(3)(b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 46-1-2
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.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contracting agency: means the state agency which is responsible for supervising the principal user of a state building or facility. See Utah Code 9-6-403
Conversion equipment: means equipment designed to:
     (5)(a) allow an eligible vehicle to operate on an alternative fuel; and
     (5)(b) reduce an eligible vehicle's emissions of regulated pollutants, as demonstrated by:
          (5)(b)(i) certification of the conversion equipment by the Environmental Protection Agency or by a state or country that has certification standards that are recognized, by rule, by the board;
          (5)(b)(ii) testing the eligible vehicle, before and after the installation of the equipment, in accordance with Utah Code 19-2-302
Conviction: A judgement of guilt against a criminal defendant.
Copy certification: means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. See Utah Code 46-1-2
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.
Cost: means the total reasonable cost of a conversion kit and the paid labor, if any, required to install it. See Utah Code 19-2-302
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
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
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Environmental Quality. See Utah Code 19-1-103
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
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
Director: means the director of the Division of Air Quality. See Utah Code 19-2-302
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
Disposal: means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. See Utah Code 19-6-202
Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
Division: means the Division of Arts and Museums. See Utah Code 9-6-102
Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-302
Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
Electronic notarization: means :
     (5)(a) a remote notarization; or
     (5)(b) a notarization:
          (5)(b)(i) in an electronic format;
          (5)(b)(ii) of a document that may be recorded electronically under Subsection Utah Code 46-1-2
Electronic recording: means the audio and video recording, described in Subsection Utah Code 46-1-2
Electronic seal: means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection Utah Code 46-1-2
Electronic signature: means the same as that term is defined in Section 46-4-102. See Utah Code 46-1-2
Eligible vehicle: means a:
     (9)(a) commercial vehicle, as defined in Section 41-1a-102;
     (9)(b) farm tractor, as defined in Section 41-1a-102; or
     (9)(c) motor vehicle, as defined in Section 41-1a-102. See Utah Code 19-2-302
Endowment fund: means any endowment fund created under this chapter by a qualifying organization. See Utah Code 9-6-501
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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 director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
Facility: means :
(7)(a)(i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
(7)(a)(ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302
Fiduciary: A trustee, executor, or administrator.
Final judgment: means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 19-3-303
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.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
Generator: means a person who:
     (7)(a) possesses any material or component:
          (7)(a)(i) that contains radioactivity or is radioactively contaminated; and
          (7)(a)(ii) for which the person foresees no further use; and
     (7)(b) transfers the material or component to:
          (7)(b)(i) a commercial radioactive waste treatment or disposal facility; or
          (7)(b)(ii) a broker. See Utah Code 19-3-102
Goods: means any materials or supplies, whether raw, processed, or manufactured. See Utah Code 19-3-303
Governing body: means a political subdivision governing body defined in Section 63A-15-102. See Utah Code 19-5-201
Grantor: The person who establishes a trust and places property into it.
Gross value of the contract: means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it. See Utah Code 19-3-303
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
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
Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under Utah Code 19-6-302
Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
Hazardous substances priority list: means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. See Utah Code 19-6-302
Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
Hazardous wastes: means hazardous waste as defined in Section 19-6-102. See Utah Code 19-6-202
High-level nuclear waste: means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes. See Utah Code 19-3-102
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
Household waste: means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. See Utah Code 19-6-102
In the presence of the notary: means that an individual:
     (9)(a) is physically present with the notary in close enough proximity to see and hear the notary; or
     (9)(b) communicates with a remote notary by means of an electronic device or process that:
          (9)(b)(i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and
          (9)(b)(ii) complies with rules made under Section Utah Code 46-1-2
Infectious waste: means a solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. See Utah Code 19-6-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and
(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
Jurat: means a notarial act in which a notary certifies:
     (10)(a) the identity of a signer who:
          (10)(a)(i) is personally known to the notary; or
          (10)(a)(ii) provides the notary satisfactory evidence of the signer's identity;
     (10)(b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and
     (10)(c) that the signer voluntarily signs the document in the presence of the notary. See Utah Code 46-1-2
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.
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
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 session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lender: means any person who regularly makes, extends or holds real estate loans and includes, but is not limited to, mortgagees, beneficiaries under trust deeds and vendors under conditional land sales contracts and who regularly require or maintain reserve accounts. See Utah Code 7-17-2
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Libel: means a malicious defamation, expressed either by printing or by signs or pictures or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule. See Utah Code 45-2-2
Lien: A claim against real or personal property in satisfaction of a debt.
Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Utah Code 19-3-102
Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Utah Code 19-6-102
Mixed waste: means material that is a hazardous waste as defined in this chapter and is also radioactive as defined in Section 19-3-102. See Utah Code 19-6-102
Modification request: means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. See Utah Code 19-6-102
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.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Municipal-type services: includes , but is not limited to:
     (6)(a) fire protection service;
     (6)(b) waste and garbage collection and disposal;
     (6)(c) planning and zoning;
     (6)(d) street lighting;
     (6)(e) life support and paramedic services;
     (6)(f) water;
     (6)(g) sewer;
     (6)(h) electricity;
     (6)(i) natural gas or other fuel; or
     (6)(j) law enforcement. See Utah Code 19-3-303
Museum: means an organized and permanent institution that:
     (6)(a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit organization;
     (6)(b) has an educational or aesthetic purpose;
     (6)(c) owns or curates a tangible collection; and
     (6)(d) exhibits the collection to the public on a regular schedule. See Utah Code 9-6-102
National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
nonhazardous solid or hazardous waste operation plan: means a plan or approval under Section 19-6-108, including:
     (16)(a) a plan to own, construct, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
     (16)(b) a closure plan;
     (16)(c) a modification request; or
     (16)(d) an approval that the director is authorized to issue. See Utah Code 19-6-102
Notarial certificate: means the affidavit described in Section Utah Code 46-1-2
notarization: means an act that a notary is authorized to perform under Section 46-1-6. See Utah Code 46-1-2
Notary: includes a remote notary. See Utah Code 46-1-2
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 misconduct: means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. See Utah Code 46-1-2
Official seal: includes an electronic seal. See Utah Code 46-1-2
Organization: means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit. See Utah Code 19-3-303
Oversight: Committee review of the activities of a Federal agency or program.
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.
Permit: includes an operation plan. See Utah Code 19-6-102
Permittee: means a person who is obligated under an operation plan. See Utah Code 19-6-102
Person: includes an individual, a commercial bank, savings bank, building and loan corporation, savings and loan association, credit union, investment company, insurance company, pension fund, mortgage company, trust company, or any other organization making real estate loans. See Utah Code 7-17-2
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
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
Personally known: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. See Utah Code 46-1-2
Placement: means transportation, transfer, storage, decay in storage, treatment, or disposal. See Utah Code 19-3-303
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Political subdivision: means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. See Utah Code 19-3-303
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Program: means the Percent-for-Art Program created in this part. See Utah Code 9-6-403
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 art installation: means a work of art:
     (4)(a) owned by a:
          (4)(a)(i) county of the first class; or
          (4)(a)(ii) municipality or metro township in a county of the first class;
     (4)(b) created by an artist, with a preference for a Utah artist;
     (4)(c) located in a public place where the county of the first class, municipality in a county of the first class, or metro township in a county of the first class has jurisdiction; and
     (4)(d) that is intended to be a permanent fixture in the public place. See Utah Code 9-6-403
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Qualifying organization: means any Utah nonprofit arts or museum organization that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund. See Utah Code 9-6-501
Quorum: The number of legislators that must be present to do business.
Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102
Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
Real estate loan: means any agreement providing for a loan secured by an interest in real estate in this state containing a residential structure of not more than four housing units, at least one of which is the primary residence of the borrower and includes, but is not limited to, agreements secured by mortgages, trust deeds, and conditional land sales contracts. See Utah Code 7-17-2
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
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Release: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
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.
Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
Remote notarization: means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act. See Utah Code 46-1-2
Remote notary: means a notary that holds an active remote notary certification under Section Utah Code 46-1-2
Reserve account: means any account, whether denominated escrow, impound, trust, pledge, reserve or otherwise, which is established in connection with a loan secured by an interest in real estate located in this state, whether or not a real estate loan as defined in this chapter, and whether incorporated into the loan agreement or a separate document, whereby the borrower agrees to make periodic prepayment to the lender or its designee of taxes, insurance premiums or other charges pertaining to the property securing the loan and the lender or its designee agrees to pay the taxes, insurance premiums or other charges out of the account on or before their due date. See Utah Code 7-17-2
Responsible party: means :
          (21)(a)(i) the owner or operator of a facility;
          (21)(a)(ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
          (21)(a)(iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
          (21)(a)(iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
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
Rule: means a rule made by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 19-3-303
Satisfactory evidence of identity: means :
          (20)(a)(i) for both an in-person and remote notarization, identification of an individual based on:
               (20)(a)(i)(A) subject to Subsection (20)(b), valid personal identification with the individual's photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;
               (20)(a)(i)(B) subject to Subsection (20)(b), a valid passport that any nation issues; or
               (20)(a)(i)(C) the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual; and
          (20)(a)(ii) for a remote notarization only, a third party's affirmation of an individual's identity in accordance with rules made under Section Utah Code 46-1-2
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
Service charge: means any direct fee imposed in connection with the administration of a reserve account. See Utah Code 7-17-2
services: means any work or governmental program which provides a benefit. See Utah Code 19-3-303
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.
Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Signature witnessing: means a notarial act in which an individual:
     (21)(a) appears in the presence of the notary and presents a document;
     (21)(b) provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and
     (21)(c) signs the document in the presence of the notary. See Utah Code 46-1-2
Site: means land used for the treatment, disposal, or storage of hazardous wastes. See Utah Code 19-6-202
Siting plan: means the state hazardous waste facilities siting plan adopted by the board pursuant to Sections 19-6-204 and 19-6-205. See Utah Code 19-6-202
Slander: means any libel communicated by spoken words. See Utah Code 45-2-2
Solid waste: means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. See Utah Code 19-6-102
Solid waste management facility: means the same as that term is defined in Section 19-6-502. See Utah Code 19-6-102
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: 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 building or facility: means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas. See Utah Code 9-6-403
State fund: means the Utah Arts and Museums Endowment Fund created in Section 9-6-502. See Utah Code 9-6-501
Statute: A law passed by a legislature.
Storage: means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. See Utah Code 19-6-102
Storage: means the containment of hazardous wastes for a period of more than 90 days. See Utah Code 19-6-202
Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303
Summons: Another word for subpoena used by the criminal justice system.
Swear: includes "affirm. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transfer: means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility. See Utah Code 19-6-102
Transfer facility: means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points. See Utah Code 19-3-303
Transportation: means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. See Utah Code 19-6-102
Treatment: means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. See Utah Code 19-6-102
Treatment: means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to another usable material, or reduced in volume and suitable for ultimate disposal. See Utah Code 19-6-202
Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Underground storage tank: means a tank that is regulated under Subtitle I of the Resource Conservation and Recovery Act, Utah Code 19-6-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unlicensed facility: means a structure, road, or property:
(12)(a) adjacent to, but outside of, a licensed or permitted area; and
(12)(b) that is not used for waste disposal or waste management. See Utah Code 19-3-102
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Venue: The geographical location in which a case is tried.
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
Wastewater service provider: means a political subdivision of the state that owns, operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or large underground wastewater disposal system for the collection, storage, treatment, or disposal of domestic waste. See Utah Code 19-5-201
works of art: means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms. See Utah Code 9-6-403
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing, issued in the name of:
     (47)(a) the state;
     (47)(b) a court; or
     (47)(c) a judicial officer. See Utah Code 68-3-12.5
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