Sections
Part 1 Human Services Programs and Facilities 26B-2-101 – 26B-2-134
Part 2 Health Care Facility Licensing and Inspection 26B-2-201 – 26B-2-243
Part 3 Long Term Care Ombudsman 26B-2-301 – 26B-2-309
Part 4 Child Care Licensing 26B-2-401 – 26B-2-407
Part 5 Certifications 26B-2-501 – 26B-2-507
Part 6 Mammography Quality Assurance 26B-2-601 – 26B-2-606
Part 7 Penalties and Investigations 26B-2-701 – 26B-2-709
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Terms Used In Utah Code > Title 26B > Chapter 2 - Licensing and Certifications

  • Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Acknowledged before me: means :
         (1)(a) that the person acknowledging appeared before the person taking the acknowledgment;
         (1)(b) that he acknowledged he executed the document;
         (1)(c) that, in the case of:
              (1)(c)(i) a natural person, he executed the document for the purposes stated in it;
              (1)(c)(ii) a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it;
              (1)(c)(iii) a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it;
              (1)(c)(iv) a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or
              (1)(c)(v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and
         (1)(d) that the person taking the acknowledgment:
              (1)(d)(i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and
              (1)(d)(ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. See Utah Code 57-2a-2
  • Activities of daily living: means essential activities including:
         (2)(a) dressing;
         (2)(b) eating;
         (2)(c) grooming;
         (2)(d) bathing;
         (2)(e) toileting;
         (2)(f) ambulation;
         (2)(g) transferring; and
         (2)(h) self-administration of medication. See Utah Code 26B-2-201
  • 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
  • Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
  • Adult day care: means nonresidential care and supervision:
         (2)(a) for three or more adults for at least four but less than 24 hours a day; and
         (2)(b) that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting. See Utah Code 26B-2-101
  • 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.
  • Allegation: something that someone says happened.
  • Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201
  • 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.
  • Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
  • Appraisal: A determination of property value.
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
         (4)(a) amended and restated articles of incorporation;
         (4)(b) articles of merger; and
         (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
  • Assessment: means any charge imposed by the association, including:
         (1)(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and
         (1)(b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3
  • Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201
  • Assisted living facility: means :
              (5)(a)(i) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:
                   (5)(a)(i)(A) require protected living arrangements; and
                   (5)(a)(i)(B) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and
              (5)(a)(ii) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201
  • Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
  • Associated with the licensee: means that an individual is:
              (4)(a)(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or
              (4)(a)(ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101
  • association: means all of the unit owners:
         (2)(a) acting as a group in accordance with the declaration and bylaws; or
         (2)(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Auxiliary aids and services: means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual. See Utah Code 26B-2-301
  • 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
  • Birthing center: means a facility that:
         (6)(a) receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and
         (6)(b)
              (6)(b)(i) is freestanding; or
              (6)(b)(ii) is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201
  • Boarding school: means a private school that:
              (5)(a)(i) uses a regionally accredited education program;
              (5)(a)(ii) provides a residence to the school's students:
                   (5)(a)(ii)(A) for the purpose of enabling the school's students to attend classes at the school; and
                   (5)(a)(ii)(B) as an ancillary service to educating the students at the school;
              (5)(a)(iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and
              (5)(a)(iv)
                   (5)(a)(iv)(A) does not provide the treatment or services described in Subsection (40)(a); or
                   (5)(a)(iv)(B) provides the treatment or services described in Subsection (40)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101
  • Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
  • Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
  • Capacity building: means strengthening an individual's or a community's ability to participate in shared decision making. See Utah Code 26B-2-501
  • Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401
  • Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401
  • Certificate: means a residential child care certificate issued by the office. See Utah Code 26B-2-701
  • Certification: means a less restrictive level of licensure issued by the department. See Utah Code 26B-2-101
  • Certification: means an approval to operate in compliance with local or federal requirements or regulations, completed by the office or on behalf of the office for a local or federal agency. See Utah Code 26B-2-701
  • Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
  • Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401
  • Child: means an individual under 18 years old. See Utah Code 26B-2-101
  • Child care: means continuous care and supervision of a qualifying child, that is:
         (4)(a) in lieu of care ordinarily provided by a parent in the parent's home;
         (4)(b) for less than 24 hours a day; and
         (4)(c) for direct or indirect compensation. See Utah Code 26B-2-401
  • Child care program: means a child care facility or program operated by a regulated provider. See Utah Code 26B-2-401
  • Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
         (8)(a) finding a person to adopt the child;
         (8)(b) placing the child in a home for adoption; or
         (8)(c) foster home placement. See Utah Code 26B-2-101
  • Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
  • Client: means an individual, resident, or patient who receives services from a provider. See Utah Code 26B-2-701
  • Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201
  • Common expenses: means :
         (6)(a) all sums lawfully assessed against the unit owners;
         (6)(b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
         (6)(c) expenses agreed upon as common expenses by the association of unit owners; and
         (6)(d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3
  • Community health worker: means an individual who:
         (2)(a) works to improve a social determinant of health;
         (2)(b) acts as an intermediary between a community and health services or social services to:
              (2)(b)(i) facilitate access to services; or
              (2)(b)(ii) improve the quality and cultural competence of service delivery; and
         (2)(c) increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities. See Utah Code 26B-2-501
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
  • Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
  • Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
  • Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
  • Congregate care program: means any of the following that provide services to a child:
              (11)(a)(i) an outdoor youth program;
              (11)(a)(ii) a residential support program;
              (11)(a)(iii) a residential treatment program; or
              (11)(a)(iv) a therapeutic school. See Utah Code 26B-2-101
  • Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
  • Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Core-skill training: means :
         (4)(a) 90 hours of competency-based education; and
         (4)(b) 300 hours of community involvement as determined by the department through rule. See Utah Code 26B-2-501
  • 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.
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day treatment: means specialized treatment that is provided to:
         (12)(a) a client less than 24 hours a day; and
         (12)(b) four or more persons who:
              (12)(b)(i) are unrelated to the owner or provider; and
              (12)(b)(ii) have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
  • Decedent: A deceased person.
  • Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
  • Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
  • 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.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
  • Department contractor: means an individual who:
         (13)(a) provides services under a contract with the department; and
         (13)(b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101
  • Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
  • Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601
  • Direct access: means that an individual has, or likely will have:
         (14)(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or
         (14)(b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101
  • Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background check approval issued by the office. See Utah Code 26B-2-101
  • Director: means the director of the office. See Utah Code 26B-2-101
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • Division: means the Division of Customer Experience. See Utah Code 26B-2-301
  • Docket: A log containing brief entries of court proceedings.
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
  • education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
  • Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
  • Emergency safety intervention: means a tactic used to protect staff or a client from being physically injured, utilized by an appropriately trained direct care staff and only performed in accordance with a nationally or regionally recognized curriculum in the least restrictive manner to restore staff or client safety. See Utah Code 26B-2-101
  • End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
  • 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
  • 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 under Section 26B-1-203. See Utah Code 26B-1-102
  • Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-2-401
  • Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
  • Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601
  • 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.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
  • Fraud: Intentional deception resulting in injury to another.
  • Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201
  • General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201
  • Government agency: means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities. See Utah Code 26B-2-301
  • Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201
  • 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 facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
  • Health maintenance organization: means an organization, organized under the laws of any state which:
         (14)(a) is a qualified health maintenance organization under Utah Code 26B-2-201
  • 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 health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
  • Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
  • Human services program: means :
              (25)(a)(i) a foster home;
              (25)(a)(ii) a therapeutic school;
              (25)(a)(iii) a youth program;
              (25)(a)(iv) an outdoor youth program;
              (25)(a)(v) a residential treatment program;
              (25)(a)(vi) a residential support program;
              (25)(a)(vii) a resource family home;
              (25)(a)(viii) a recovery residence; or
              (25)(a)(ix) a facility or program that provides:
                   (25)(a)(ix)(A) adult day care;
                   (25)(a)(ix)(B) day treatment;
                   (25)(a)(ix)(C) outpatient treatment;
                   (25)(a)(ix)(D) domestic violence treatment;
                   (25)(a)(ix)(E) child-placing services;
                   (25)(a)(ix)(F) social detoxification; or
                   (25)(a)(ix)(G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
  • Human waste: means excrement, feces, gray water, or other waste material discharged from the human body. See Utah Code 56-3-1
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent third party: means a person that:
         (21)(a) is not related to the unit owner;
         (21)(b) shares no pecuniary interests with the unit owner; and
         (21)(c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3
  • Indian child: means the same as that term is defined in Utah Code 26B-2-101
  • Indian country: means the same as that term is defined in Utah Code 26B-2-101
  • Indian tribe: means the same as that term is defined in Utah Code 26B-2-101
  • 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
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Intermediate care facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
  • Intermediate secure treatment: means 24-hour specialized residential treatment or care for an individual who:
         (29)(a) cannot live independently or in a less restrictive environment; and
         (29)(b) requires, without the individual's consent or control, the use of locked doors to care for the individual. See Utah Code 26B-2-101
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • 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
  • Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
  • Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401
  • Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
  • Licensing committee: means the Child Care Provider Licensing Committee created in Section 26B-1-204. See Utah Code 26B-2-401
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
  • Local government: means a city, town, or county. See Utah Code 26B-2-101
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Long-term care facility: means :
              (6)(a)(i) a skilled nursing facility;
              (6)(a)(ii) except as provided in Subsection (6)(b), an intermediate care facility;
              (6)(a)(iii) a nursing home;
              (6)(a)(iv) a small health care facility;
              (6)(a)(v) a small health care facility type N; or
              (6)(a)(vi) an assisted living facility. See Utah Code 26B-2-301
  • Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
  • master form: means a mortgage or trust deed used as a master or similar standardized form that is drafted and recorded in accordance with this part to be incorporated in whole or in part into multiple mortgages or trust deeds. See Utah Code 57-3-201
  • Means of electronic communication: includes :
              (28)(b)(i) web conferencing;
              (28)(b)(ii) video conferencing; and
              (28)(b)(iii) telephone conferencing. See Utah Code 57-8-3
  • Minor: means child. See Utah Code 26B-2-101
  • 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.
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Notarial act: means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents. See Utah Code 57-2a-2
  • Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
  • Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
         (17)(a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
         (17)(b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
         (17)(c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
  • 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.
  • Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
  • Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301
  • Ombudsman program: means the Long-Term Care Ombudsman Program. See Utah Code 26B-2-301
  • Outdoor youth program: means a program that provides:
         (34)(a) services to a child that has:
              (34)(a)(i) a chemical dependency; or
              (34)(a)(ii) a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral;
         (34)(b) a 24-hour outdoor group living environment; and
         (34)(c)
              (34)(c)(i) regular therapy, including group, individual, or supportive family therapy; or
              (34)(c)(ii) informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101
  • Outpatient treatment: means individual, family, or group therapy or counseling designed to improve and enhance social or psychological functioning for those whose physical and emotional status allows them to continue functioning in their usual living environment. See Utah Code 26B-2-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Par value: means a number of dollars or points assigned to each unit by the declaration. See Utah Code 57-8-3
  • 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.
  • Passenger train: means any train operated by a railroad company or corporation pursuant to Title 56, Chapter 1, General Provisions, for the primary purpose of transporting passengers for hire. See Utah Code 56-3-1
  • Period of administrative control: means the period of control described in Subsection Utah Code 57-8-3
  • Person: means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 56-3-1
  • Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
  • Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
  • 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.
  • 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 sign: means any sign or document that advocates:
         (34)(a) the election or defeat of a candidate for public office; or
         (34)(b) the approval or defeat of a ballot proposition. See Utah Code 57-8-3
  • Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes :
         (26)(a) a civil suit;
         (26)(b) arbitration or mediation; and
         (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program or facility: means the settings, activities, services, procedures, and premises used by a provider to provide services regulated by the department. See Utah Code 26B-2-701
  • Property: means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Utah Code 57-8-3
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Protected area: means the same as that term is defined in Section Utah Code 57-8-3
  • Provider: means a license holder, certificate holder, or legally responsible person that provides services regulated by the department. See Utah Code 26B-2-701
  • Public school: means :
         (9)(a) a school, including a charter school, that:
              (9)(a)(i) is directly funded at public expense; and
              (9)(a)(ii) provides education to qualifying children for any grade from first grade through twelfth grade; or
         (9)(b) a school, including a charter school, that provides:
              (9)(b)(i) preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and
              (9)(b)(ii) education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense. See Utah Code 26B-2-401
  • Qualifying child: means an individual who is:
         (10)(a)
              (10)(a)(i) under the age of 13 years old; or
              (10)(a)(ii) under the age of 18 years old, if the person has a disability; and
         (10)(b) a child of:
              (10)(b)(i) a person other than the person providing care to the child;
              (10)(b)(ii) a regulated provider, if the child is under the age of four; or
              (10)(b)(iii) an employee or owner of a licensed child care center, if the child is under the age of four. See Utah Code 26B-2-401
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
         (28)(a) the corporation at its:
              (28)(a)(i) registered office in this state; or
              (28)(a)(ii) principal office;
         (28)(b) the secretary of the corporation, wherever the secretary is found; or
         (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
  • Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:
              (38)(a)(i) provides a supervised living environment for individuals recovering from a substance use disorder;
              (38)(a)(ii) provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder;
              (38)(a)(iii) provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site;
              (38)(a)(iv) is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or
              (38)(a)(v)
                   (38)(a)(v)(A) receives public funding; or
                   (38)(a)(v)(B) is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101
  • Regular business hours: means :
         (39)(a) the hours during which services of any kind are provided to a client; or
         (39)(b) the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101
  • Regulated provider: means a licensed provider or certified provider. See Utah Code 26B-2-401
  • 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.
  • rental unit: means :
         (38)(a) a unit that:
              (38)(a)(i) is not owned by an entity or trust; and
              (38)(a)(ii) is occupied by an individual while the unit owner is not occupying the unit as the unit owner's primary residence; or
         (38)(b) an occupied unit owned by an entity or trust, regardless of who occupies the unit. See Utah Code 57-8-3
  • Resident: means a person 21 years old or older who:
         (19)(a) as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
         (19)(b) does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
  • Resident: means an individual who resides in a long-term care facility. See Utah Code 26B-2-301
  • Residential child care: means child care provided in the home of the provider. See Utah Code 26B-2-401
  • Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are:
              (40)(b)(i) emotional;
              (40)(b)(ii) psychological;
              (40)(b)(iii) developmental; or
              (40)(b)(iv) behavioral. See Utah Code 26B-2-101
  • Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
  • Residential treatment program: means a program or facility that provides:
         (42)(a) residential treatment; or
         (42)(b) intermediate secure treatment. See Utah Code 26B-2-101
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Seclusion: means the involuntary confinement of an individual in a room or an area:
         (43)(a) away from the individual's peers; and
         (43)(b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
         (32)(a) the preparation and maintenance of:
              (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and
              (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
         (32)(b) authenticating records of the corporation. See Utah Code 16-10a-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.
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • Short-term relief care provider: means an individual who:
         (44)(a) provides short-term and temporary relief care to a foster parent:
              (44)(a)(i) for less than six consecutive nights; and
              (44)(a)(ii) in the short-term relief care provider's home;
         (44)(b) is an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster parent;
         (44)(c) is direct access qualified, as that term is defined in Section 26B-2-120;
         (44)(d) has been approved to provide short-term relief care by the department;
         (44)(e) is not reimbursed by the department for the temporary relief care provided; and
         (44)(f) is not an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster child. See Utah Code 26B-2-101
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Size: means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. See Utah Code 57-8-3
  • Skilled nursing facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
  • Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26B-2-201
  • Small health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
  • Social detoxification: means short-term residential services for persons who are experiencing or have recently experienced drug or alcohol intoxication, that are provided outside of a health care facility licensed under Part 2, Health Care Facility Licensing and Inspection, and that include:
         (45)(a) room and board for persons who are unrelated to the owner or manager of the facility;
         (45)(b) specialized rehabilitation to acquire sobriety; and
         (45)(c) aftercare services. See Utah Code 26B-2-101
  • Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201
  • 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 certified: means that an individual has obtained the state certification described in Subsection 26B-2-504(1). See Utah Code 26B-2-501
  • Statute: A law passed by a legislature.
  • Stigmatized: means :
         (4)(a) the site or suspected site of a homicide, other felony, or suicide;
         (4)(b) the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or
         (4)(c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act. See Utah Code 57-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: Answer questions in court.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Therapeutic school: means a residential group living facility:
         (48)(a) for four or more individuals that are not related to:
              (48)(a)(i) the owner of the facility; or
              (48)(a)(ii) the primary service provider of the facility;
         (48)(b) that serves students who have a history of failing to function:
              (48)(b)(i) at home;
              (48)(b)(ii) in a public school; or
              (48)(b)(iii) in a nonresidential private school; and
         (48)(c) that offers:
              (48)(c)(i) room and board; and
              (48)(c)(ii) an academic education integrated with:
                   (48)(c)(ii)(A) specialized structure and supervision; or
                   (48)(c)(ii)(B) services or treatment related to:
                        (48)(c)(ii)(B)(I) a disability;
                        (48)(c)(ii)(B)(II) emotional development;
                        (48)(c)(ii)(B)(III) behavioral development;
                        (48)(c)(ii)(B)(IV) familial development; or
                        (48)(c)(ii)(B)(V) social development. See Utah Code 26B-2-101
  • Time period unit: means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as defined in Section 57-19-2. See Utah Code 57-8-3
  • 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.
  • 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.
  • unenforceable covenant: means a restriction on alienation of real property, whether recited in a document to be recorded under this chapter, or recited in a document of record under this chapter, which is based on race, gender, national origin, marital status, or a similar classification determined to be unenforceable under state or federal law. See Utah Code 57-3-107
  • Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
  • Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3
  • 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
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
  • Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
         (50)(a) provide personal protection;
         (50)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
         (50)(c) obtain services necessary for health, safety, or welfare;
         (50)(d) carry out the activities of daily living;
         (50)(e) manage the adult's own resources; or
         (50)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101
  • Water wise landscaping: means :
         (45)(a) installation of plant materials, suited to the microclimate and soil conditions, that can:
              (45)(a)(i) remain healthy with minimal irrigation once established; or
              (45)(a)(ii) be maintained without the use of overhead spray irrigation;
         (45)(b) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
         (45)(c) use of other landscape design features that:
              (45)(c)(i) minimize the landscape's need for supplemental water from irrigation;
              (45)(c)(ii) reduce the landscape area dedicated to lawn or turf; or
              (45)(c)(iii) encourage vegetative coverage. See Utah Code 57-8-3
  • Water wise plant material: means a plant material suited to water wise landscaping. See Utah Code 57-8-3
  • Woman: means an adult human female. 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
  • Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that:
              (51)(a)(i) serves adjudicated or nonadjudicated youth;
              (51)(a)(ii) charges a fee for the program's services;
              (51)(a)(iii) may provide host homes or other arrangements for overnight accommodation of the youth;
              (51)(a)(iv) may provide all or part of the program's services in the outdoors;
              (51)(a)(v) may limit or censor access to parents or guardians; and
              (51)(a)(vi) prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101
  • Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101