Terms Used In Utah Code > Title 13 > Chapter 34 - Utah Postsecondary School and State Authorization Act

• Accredited postsecondary school: means a postsecondary school that is accredited by an accrediting agency. See Utah Code 13-34-101
• Accrediting agency: means a private educational association that:
       (2)(a) is recognized by the United States Department of Education;
       (2)(b) develops education criteria; and
       (2)(c) conducts evaluations to assess whether a postsecondary school meets the criteria described in Subsection (2)(b). See Utah Code 13-34-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Agent: means a person who:
       (3)(a) owns an interest in a postsecondary school;
       (3)(b) is employed by a postsecondary school;
       (3)(c) enrolls or attempts to enroll a Utah resident in a postsecondary school;
       (3)(d) offers to award an educational credential on behalf of a postsecondary school; or
       (3)(e) holds oneself out to a Utah resident as representing a postsecondary school for any purpose. See Utah Code 13-34-101
• Apprentice: means the same as that term is defined in Section 35A-6-102. See Utah Code 13-34-101
• Apprenticeship: means the same as that term is defined in Section 35A-6-102. See Utah Code 13-34-101
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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 Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501
• Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501
• Commission: means the Utah Electronic Recording Commission established in Section 17-21a-302. See Utah Code 17-21a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• 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
• Current year: means the fiscal year in which a budget is prepared and adopted, and which is the fiscal year immediately preceding the budget year. See Utah Code 11-13-501
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Deficit: means the occurrence when expenditures exceed revenues. See Utah Code 11-13-501
• Distance postsecondary education: means the same as that term is defined in Utah Code 13-34-101
• Division: means the Division of Consumer Protection. See Utah Code 13-34-101
• 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
• Educational credential: means a degree, diploma, certificate, transcript, report, document, letter of designation, mark, or series of letters, numbers, or words that represent enrollment, attendance, or satisfactory completion of the requirements or prerequisites of an educational program. See Utah Code 13-34-101
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 11-13-501
• 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
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• Fund balance: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grantor: The person who establishes a trust and places property into it.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interlocal entity: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501
• Interlocal entity general fund: means the general fund of an interlocal entity. See Utah Code 11-13-501
• 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
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Longstanding nonprofit accredited postsecondary school: means an accredited postsecondary school that:
       (9)(a) is a nonprofit organization; and
       (9)(b) has operated continuously as a nonprofit for at least 20 years. See Utah Code 13-34-101
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Nonprofit organization: means a nonprofit corporation or foreign nonprofit corporation as those terms are defined in Section 16-6a-102. See Utah Code 13-34-101
• Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1
• 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.
• Operate: means to:
       (11)(a) maintain a physical presence in the state; or
       (11)(b) provide postsecondary education to an individual who resides in the state. See Utah Code 13-34-101
• 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.
• 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
• 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
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Physical presence: means :
       (12)(a) to maintain in the state a physical location where a student receives postsecondary education; or
       (12)(b) to provide to a student distance postsecondary education from a location in this state. See Utah Code 13-34-101
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Postsecondary education: means education or educational services offered primarily to an individual who:
            (13)(a)(i) has completed or terminated their secondary or high school education; or
            (13)(a)(ii) is beyond the age of compulsory school attendance. See Utah Code 13-34-101
• Postsecondary school: means a person that offers postsecondary education:
       (14)(a) in exchange for payment of tuition, fees, or other consideration; and
       (14)(b) for the purpose of attaining educational, professional, or vocational objectives. See Utah Code 13-34-101
• 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.
• Principal: means a postsecondary school's owner, officer, director, trustee, or administrator. See Utah Code 13-34-101
• Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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 postsecondary school: means a postsecondary school that is:
       (16)(a)

            (16)(a)(i) an institution listed in Section 53B-1-102; or

            (16)(a)(ii) established by another state or other governmental entity; and
       (16)(b) substantially supported with government funds. See Utah Code 13-34-101
• Reciprocity agreement: means an agreement the division enters into with another state in accordance with Section 13-34-303. See Utah Code 13-34-101
• Registration certificate: means approval from the division to operate a postsecondary school in accordance with this chapter, and with rules adopted in accordance with this chapter. See Utah Code 13-34-101
• Registration statement: means an application and accompanying documentation required under this chapter for:
       (19)(a) a registration certificate; or
       (19)(b) a state authorization certificate. See Utah Code 13-34-101
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retained earnings: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• 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: 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: 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 authorization certificate: means a certificate that the division issues to an accredited postsecondary school in accordance with Section 13-34-302. See Utah Code 13-34-101
• Statute: A law passed by a legislature.
• Student: means :
       (21)(a) a person who pays or is obligated to pay a postsecondary school for postsecondary education; or
       (21)(b) a legal guardian of a person described in Subsection (21)(a). See Utah Code 13-34-101
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• 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