Utah Code > Title 19 > Chapter 1 – General Provisions
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Terms Used In Utah Code > Title 19 > Chapter 1 - General Provisions
- 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
- Administrator: includes "executor" when the subject matter justifies the use. 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.
- Advisory council: means an advisory council appointed by the Division of Outdoor Recreation that has within the advisory council's duties advising on policies related to the use of off-highway vehicles. See Utah Code 41-22-2
- 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.
- Air barrier system: means air barrier material, a system, or an assembly that is specifically and primarily designed to minimize the passage of air through the building thermal envelope and the assemblies when installed in or on a dwelling. See Utah Code 19-1-402
- 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.
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Clean fuel: means :
(2)(a) propane, natural gas, renewable natural gas, hydrogen, or electricity; or(2)(b) other fuel that meets the clean fuel vehicle standards in the federal Clean Air Act Amendments of 1990, Utah Code 19-1-402- Clean vehicle: means a vehicle that:
(3)(a)(i) uses a clean fuel;(3)(a)(ii) is an electric-hybrid vehicle; or(3)(a)(iii) is an electric vehicle. See Utah Code 19-1-402- Commission: means the Outdoor Adventure Commission. See Utah Code 41-22-2
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Cross-country: means across natural terrain and off an existing highway, road, route, or trail. See Utah Code 41-22-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: means a person engaged in the business of selling off-highway vehicles at wholesale or retail. See Utah Code 41-22-2
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Devise: To gift property by will.
- Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
(2)(a) Part 4, State Fire Code Administration Act; and(2)(b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102- Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
- Dwelling: means a house, multi-family dwelling, apartment complex, or other residential type building. See Utah Code 19-1-402
- Electric vehicle: means a vehicle powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current and does not need carbon based fuel for operation. See Utah Code 19-1-402
- Electric-hybrid vehicle: means a vehicle:
(5)(a) primarily powered by an electric motor that draws current from:(5)(a)(i) rechargeable storage batteries;(5)(a)(ii) fuel cells; or(5)(a)(iii) other sources of electric current; and(5)(b) that also operates on or is capable of operating on a nonelectrical source of power. See Utah Code 19-1-402- Energy-efficient building envelope improvements: means an insulation and air barrier system that meets the prescriptive criteria for insulation and air barrier systems established by the 2021 International Energy Conservation Code. See Utah Code 19-1-402
- Environmental mitigation: means an action or activity intended to remedy, reduce, or offset known negative impacts to the environment. See Utah Code 19-1-602
- Environmental response action: means action taken to prevent, eliminate, minimize, investigate, monitor, clean up, or remove contaminants in the environment. See Utah Code 19-1-602
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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
- Financial assurance: means a mechanism or instrument intended to provide funds if necessary to the department to conduct closure, monitoring, or cleanup of a specific facility or site in accordance with the applicable environmental requirements provided in this title. See Utah Code 19-1-602
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Fund: means the Clean Fuels and Emission Reduction Technology Fund created in Section 19-1-403. See Utah Code 19-1-402
- Funding source: means an individual or entity that provides a monetary contribution to the Environmental Mitigation and Response Fund. See Utah Code 19-1-602
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Government vehicle: includes a metropolitan rapid transit motor vehicle, bus, truck, law enforcement vehicle, or emergency vehicle. See Utah Code 19-1-402
- 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- HUD Code: means the Federal Manufactured Housing Construction and Safety Standards Act, as issued by the Department of Housing and Urban Development and published in 24 C. See Utah Code 15A-2-102
- Incremental cost: means the difference between the cost of an OEM vehicle and the same vehicle model manufactured without the clean fuel fueling system. See Utah Code 19-1-402
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insulation: means a material or system that is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on the dwelling unit. See Utah Code 19-1-402
- 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
- IRC: means the edition of the International Residential Code adopted under Section 15A-2-103. See Utah Code 15A-2-102
- 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- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Manufacturer: means a person engaged in the business of manufacturing off-highway vehicles. See Utah Code 41-22-2
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
- Motorcycle: means every motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires. See Utah Code 41-22-2
- Natural resource damage: means damages to land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other resources that are held in trust for the public or otherwise controlled by the United States, the state, or local government. See Utah Code 19-1-602
- OEM vehicle: means a vehicle manufactured by the original vehicle manufacturer or the manufacturer's contractor as a clean vehicle. See Utah Code 19-1-402
- Off-highway implement of husbandry: means every all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by the owner or the owner's agent for agricultural operations. See Utah Code 41-22-2
- Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
- Operate: means to control the movement of or otherwise use an off-highway vehicle. See Utah Code 41-22-2
- Operator: means the person who is in actual physical control of an off-highway vehicle. See Utah Code 41-22-2
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Organized user group: means an off-highway vehicle organization incorporated as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation. See Utah Code 41-22-2
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle. See Utah Code 41-22-2
- 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 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- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Private sector business vehicle: means a motor vehicle registered in Utah that is owned and operated solely in the conduct of a private business enterprise. See Utah Code 19-1-402
- 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 land: means land owned or administered by any federal or state agency or any political subdivision of the state. See Utah Code 41-22-2
- Qualified energy-efficient residential dwelling: means a dwelling with an energy efficiency rating determined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 19-1-402
- Refueling equipment: means :
(15)(a) compressors when used separately;(15)(b) compressors used in combination with cascade tanks;(15)(c) other equipment that constitute a central refueling system capable of dispensing vehicle fuel; and(15)(d) electric charging stations and equipment. See Utah Code 19-1-402- Register: means the act of assigning a registration number to an off-highway vehicle. See Utah Code 41-22-2
- 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- 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.
- Snowmobile: means any motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires, and equipped with a saddle or seat for the use of the rider. See Utah Code 41-22-2
- 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 Construction Code: means the State Construction Code adopted by:
(3)(b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;(3)(e) Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102- Statute: A law passed by a legislature.
- Street or highway: means the entire width between boundary lines of every way or place of whatever nature, when any part of it is open to the use of the public for vehicular travel. See Utah Code 41-22-2
- 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- 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
- Unused funds: means the remaining funds from a specific funding source following the complete implementation of the environmental mitigation or response actions pursuant to the terms and conditions of the contribution. See Utah Code 19-1-602
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102
- 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