Terms Used In Utah Code > Title 13 > Chapter 1b - Office of Professional Licensure Review

• Adverse action: means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges. See Utah Code 34-48-102
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
• Commission: means the Labor Commission. See Utah Code 34-47-102
• Commissioner: means the commissioner of the Labor Commission. See Utah Code 34-47-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Council: means the Worker Classification Coordinated Enforcement Council created in Section 34-47-201. See Utah Code 34-47-102
• 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
• Department: means the Department of Commerce. See Utah Code 13-1b-101
• Director: means the director of the office. See Utah Code 13-1b-101
• Employer: means a person, including the state or a political subdivision of the state, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-48-102
• 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}
• Ex officio: Literally, by virtue of one's office.
• 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
• Executive director: means the executive director of the Department of Commerce. See Utah Code 13-1b-101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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.
• Government requestor: means :
       (4)(a) the governor;
       (4)(b) an executive branch officer other than the governor;
       (4)(c) an executive branch agency;
       (4)(d) a legislator; or
       (4)(e) a legislative committee. See Utah Code 13-1b-101
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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
• Law enforcement agency: is a s defined in Section 53-1-102. See Utah Code 34-48-102
• 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
• licensing: means a state-granted authorization for a person to engage in a specified occupation:
       (6)(a) based on the person meeting personal qualifications established under state law; and
       (6)(b) where state law requires the authorization before the person may lawfully engage in the occupation for compensation. See Utah Code 13-1b-101
• Member agency: means an agency that is represented on the council. See Utah Code 34-47-102
• Misclassification: means to classify an individual as something other than an employee, if under the relevant law the individual is required to be classified as an employee. See Utah Code 34-47-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Occupation: means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation. See Utah Code 13-1b-101
• Office: means the Office of Professional Licensure Review created in this chapter. See Utah Code 13-1b-101
• Periodic review: means a review described in Subsection 13-1b-203(2). See Utah Code 13-1b-101
• 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
• Personal qualifications: includes :
            (11)(b)(i) completion of an approved education program;
            (11)(b)(ii) satisfactory performance on an examination;
            (11)(b)(iii) work experience; and
            (11)(b)(iv) completion of continuing education. See Utah Code 13-1b-101
• 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 employee: means a person:
       (1)(a) employed by a public employer; and
       (1)(b) who is breastfeeding. See Utah Code 34-49-102
• Public employer: means the following entities:
       (2)(a) a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government;
       (2)(b) a municipality;
       (2)(c) a county;
       (2)(d) a school district; or
       (2)(e) an institution of higher education as described in Section 53B-2-101. See Utah Code 34-49-102
• Quorum: The number of legislators that must be present to do business.
• Regulated occupation: means an occupation that:
       (12)(a) requires a person to obtain a license to practice the occupation; or
       (12)(b) provides for state certification or state registration. See Utah Code 13-1b-101
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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 certification: means a state-granted authorization given to a person to use the term "state certified" as part of a designated title related to engaging in a specified occupation:
       (13)(a) based on the person meeting personal qualifications established under state law; and
       (13)(b) where state law prohibits a noncertified person from using the term "state certified" as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation. See Utah Code 13-1b-101
• State registration: means a state-granted authorization given to a person to use the term "state registered" as part of a designated title related to engaging in a specified occupation:
       (14)(a) based on the person meeting requirements established under state law, which may include the person's name and address, the person's agent for service of process, the location of the activity to be performed, and bond or insurance requirements;
       (14)(b) where state law does not require the person to meet any personal qualifications; and
       (14)(c) where state law prohibits a nonregistered person from using the term "state registered" as part of a designated title. See Utah Code 13-1b-101
• Statute: A law passed by a legislature.
• Sunrise review: means a review under this chapter of an application to establish a new regulated occupation. See Utah Code 13-1b-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5