Utah Code > Title 31A > Chapter 44 – Continuing Care Provider Act

		Sections
Part 1	General Provisions	31A-44-102 – 31A-44-104
Part 2	Registration	31A-44-201 – 31A-44-206
Part 3	Provider Disclosure	31A-44-301 – 31A-44-315
Part 4	Operations	31A-44-401 – 31A-44-405
Part 5	Rehabilitation and Liquidation	31A-44-501.1 – 31A-44-506
Part 6	Enforcement	31A-44-601 – 31A-44-605

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Terms Used In Utah Code > Title 31A > Chapter 44 - Continuing Care Provider Act

Abusive conduct: means the same as that term is defined in Section 67-26-102. See Utah Code 67-19a-101
Administrator: means the person appointed under Section 67-19a-201 to head the Career Service Review Office. See Utah Code 67-19a-101
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agency: means :
(1)(a) any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or
(1)(b) an association as defined in Section 53G-7-1101. See Utah Code 67-16-3
Agency: means :
     (1)(a) a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;
     (1)(b) a county, city, town, school district, or special improvement or taxing district; or
     (1)(c) any other political subdivision. See Utah Code 67-20-2
Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
Agency head: means the chief executive or administrative officer of any agency. See Utah Code 67-16-3
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
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.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Application: means a document:
     (10)(a)
          (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
          (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
               (10)(a)(ii)(A) insure the risk under:
                    (10)(a)(ii)(A)(I) the coverage as originally offered; or
                    (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
               (10)(a)(ii)(B) decline to insure the risk; or
     (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assist: means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. See Utah Code 67-16-3
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.
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 board of trustees created in Section 67-19d-202. See Utah Code 67-19d-102
board: means the board of trustees created in Section 67-19f-202. See Utah Code 67-19f-102
Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 67-16-3
Career service employee: means a person employed in career service as defined in Section 63A-17-102. See Utah Code 67-19a-101
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 67-16-3
Compensatory service worker: means a person who performs a public service with or without compensation for an agency as a condition or part of the person's:
     (2)(a) incarceration;
     (2)(b) plea;
     (2)(c) sentence;
     (2)(d) diversion;
     (2)(e) probation; or
     (2)(f) parole. See Utah Code 67-20-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Continuance: Putting off of a hearing ot trial until a later time.
Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
Continuing care contract: means a contract under which a provider provides continuing care to a resident. See Utah Code 31A-44-102
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
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
Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Department: means the Insurance Department. See Utah Code 31A-1-301
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Division of Human Resource Management. See Utah Code 67-19a-101
Donor: The person who makes a gift.
Employee: means :
(57)(a) an individual employed by an employer; or
(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
Employer: means the state of Utah and all supervisory personnel vested with the authority to implement and administer the policies of an agency. See Utah Code 67-19a-101
Entrance fee: includes a monthly fee, assessed at a rate that is greater than the value of the provider's monthly services, that a resident agrees to pay in exchange for acceptance into a facility or a promise of future monthly fees assessed at a rate that is less than the value of the services rendered. See Utah Code 31A-44-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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.
Excusable neglect: means harmless error, mistake, inadvertence, surprise, a failure to discover evidence that, through due diligence, could not have been discovered in time to meet the applicable time period, misrepresentation or misconduct by the employer, or any other reason justifying equitable relief. See Utah Code 67-19a-101
Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
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.
Fiduciary: A trustee, executor, or administrator.
Filed: means that a filing is:
          (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
          (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
          (69)(a)(iii) accompanied by the appropriate fee in accordance with:
               (69)(a)(iii)(A) Section 31A-3-103; or
               (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
Filing: when used as a noun, means an item required to be filed with the department including:
     (70)(a) a policy;
     (70)(b) a rate;
     (70)(c) a form;
     (70)(d) a document;
     (70)(e) a plan;
     (70)(f) a manual;
     (70)(g) an application;
     (70)(h) a report;
     (70)(i) a certificate;
     (70)(j) an endorsement;
     (70)(k) an actuarial certification;
     (70)(l) a licensee annual statement;
     (70)(m) a licensee renewal application;
     (70)(n) an advertisement;
     (70)(o) a binder; or
     (70)(p) an outline of coverage. See Utah Code 31A-1-301
Filing clerk: means :
     (7)(a) the special district clerk, for a special public officer who holds an office on:
          (7)(a)(i) the board of trustees of a special district; or
          (7)(a)(ii) the governing body of a special service district; or
     (7)(b) the chief administrative officer, for a special public officer who holds an office on a local school board. See Utah Code 67-16-3
Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103
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.
FLSA aggregate amount: means , except as otherwise required by the United States Department of Labor, the aggregate amount of nominal fees that a supervising agency may pay a volunteer, generally not exceeding 20% of the total compensation that the supervising agency would pay a full-time employee providing the same services as the volunteer. See Utah Code 67-20-2
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing body: means :
(8)(a) the legislative body of a county, city, or town that establishes a special service district, if an administrative control board has not been appointed under Section 17D-1-301; or
(8)(b) the administrative control board of a special service district, if the administrative control board has been appointed under Section 17D-1-301. See Utah Code 67-16-3
Governmental action: means any action on the part of the state, a political subdivision, or an agency, including:
(9)(a) any decision, determination, finding, ruling, or order; and
(9)(b) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect to. See Utah Code 67-16-3
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grievance: means :
     (7)(a) a complaint by a career service employee concerning any matter touching upon the relationship between the employee and the employer;
     (7)(b) any dispute between a career service employee and the employer;
     (7)(c) a complaint by a reporting employee that a public entity has engaged in retaliatory action against the reporting employee ; and
     (7)(d) a complaint that the employer subjected the employee to conditions that a reasonable person would consider intolerable, including abusive conduct. See Utah Code 67-19a-101
Ground lease: means a lease to a provider of the land and infrastructure improvements to the land on which a facility is located. See Utah Code 31A-44-102
Ground lessor: means , for a facility subject to a ground lease, the owner and lessor of the land and infrastructure improvements to the land on which the facility is located. See Utah Code 31A-44-102
Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
     (83)(a) a professional service;
     (83)(b) a personal service;
     (83)(c) a facility;
     (83)(d) equipment;
     (83)(e) a device;
     (83)(f) supplies; or
     (83)(g) medicine. See Utah Code 31A-1-301
Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19d-102
Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19f-102
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}
Individual: means a natural person. See Utah Code 31A-1-301
Insolvent: means :
     (7)(a) having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute;
     (7)(b) being unable to pay debts as they become due; or
     (7)(c) being insolvent within the meaning of federal bankruptcy law. See Utah Code 31A-44-102
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
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}
IRS aggregate amount: means the fixed or determinable income aggregate amount described in Utah Code 67-20-2
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Juror: A person who is on the jury.
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
Land use authority: means :
(35)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(35)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
Legislator: means a member or member-elect of either house of the Legislature of the state of Utah. See Utah Code 67-16-3
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Lien: A claim against real or personal property in satisfaction of a debt.
Living unit: means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified individuals. See Utah Code 31A-44-102
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
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.
Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103
Nominal fee: means a fee described in Utah Code 67-20-2
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 Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101
Order: means an order of the commissioner. See Utah Code 31A-1-301
Oversight: Committee review of the activities of a Federal agency or program.
Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
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: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-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
Personal property: All property that is not real property.
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
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
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.
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.
Policy: includes a service contract issued by:
          (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
          (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
          (150)(b)(iii) a corporation licensed under:
               (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
               (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
Political subdivision: means a district, school district, or any other political subdivision of the state that is not an agency, but does not include a municipality or a county. See Utah Code 67-16-3
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
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
Provider: means :
          (9)(a)(i) the owner of a facility;
          (9)(a)(ii) a person, other than a resident, that claims a possessory interest in a facility; or
          (9)(a)(iii) a person who enters into a continuing care contract with a resident or potential resident. See Utah Code 31A-44-102
Provider disclosure statement: means , for a given provider, the disclosure statement described in Section 31A-44-301. See Utah Code 31A-44-102
Public employee: means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by:
          (14)(a)(i) the state;
          (14)(a)(ii) a political subdivision of the state; or
          (14)(a)(iii) an association as defined in Section 53G-7-1101. See Utah Code 67-16-3
Public entity: means the same as that term is defined in Section 67-21-2. See Utah Code 67-19a-101
Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
Public officer: includes a special public officer. See Utah Code 67-16-3
Quorum: The number of legislators that must be present to do business.
Rate: means :
          (163)(a)(i) the cost of a given unit of insurance; or
          (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
               (163)(a)(ii)(A) a single number; or
               (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                    (163)(a)(ii)(B)(I) expenses;
                    (163)(a)(ii)(B)(II) profit; and
                    (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
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
Reasonable benefits: includes , in accordance with Utah Code 67-20-2
Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 17-27a-103
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.
Reporting employee: means an employee of a public entity who alleges that the public entity engaged in retaliatory action against the employee. See Utah Code 67-19a-101
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.
Reservation agreement: means an agreement that requires the payment of a deposit to reserve a living unit for a prospective resident. See Utah Code 31A-44-102
Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
Retaliatory action: means to do any of the following to an employee in violation of Section 67-21-3:
     (11)(a) dismiss the employee;
     (11)(b) reduce the employee's compensation;
     (11)(c) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
     (11)(d) fail to promote the employee if the employee would have otherwise been promoted; or
     (11)(e) threaten to take an action described in Subsections (11)(a) through (d). See Utah Code 67-19a-101
Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103
Security: means a:
          (176)(a)(i) note;
          (176)(a)(ii) stock;
          (176)(a)(iii) bond;
          (176)(a)(iv) debenture;
          (176)(a)(v) evidence of indebtedness;
          (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
          (176)(a)(vii) collateral-trust certificate;
          (176)(a)(viii) preorganization certificate or subscription;
          (176)(a)(ix) transferable share;
          (176)(a)(x) investment contract;
          (176)(a)(xi) voting trust certificate;
          (176)(a)(xii) certificate of deposit for a security;
          (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
          (176)(a)(xiv) commodity contract or commodity option;
          (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
          (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Sell: means to exchange a contract of insurance:
     (179)(a) by any means;
     (179)(b) for money or its equivalent; and
     (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
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.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special public officer: means a public officer who is an elected or appointed member of:
(16)(a) the board of trustees of a special district or the governing body of a special service district, if the special district or the special service district has an annual budget that is equal to or exceeds 10 times the revenue and expenditure amount described in Subsection 51-2a-201(1); or
(16)(b) a local school board. See Utah Code 67-16-3
State: means the state of Utah. See Utah Code 67-16-3
State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Subdivision: includes :
(73)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103
Subpoena: A command to a witness to appear and give testimony.
Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding capital stock of a corporation or a 10% interest in any other business entity. See Utah Code 67-16-3
Summons: Another word for subpoena used by the criminal justice system.
Supervisor: means the person:
(12)(a) to whom an employee reports; or
(12)(b) who assigns and oversees an employee's work. See Utah Code 67-19a-101
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
Trust fund: means the State Post-Retirement Benefits Trust Fund created by Section 67-19d-201. See Utah Code 67-19d-102
Trust fund: means the State Employees' Annual Leave Trust Fund created in Section 67-19f-201. See Utah Code 67-19f-102
Trustee: A person or institution holding and administering property in trust.
Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Uphold: The decision of an appellate court not to reverse a lower court decision.
Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2
Volunteer facilitator: means a business or nonprofit organization that, from individuals who have a relationship with the business or nonprofit organization, such as membership or employment, provides volunteers to an agency or facilitates volunteers volunteering with an agency. See Utah Code 67-20-2
Volunteer safety officer: means an individual who:
     (10)(a) provides services as a volunteer under the supervision of an agency; and
     (10)(b) at the time the individual provides the services to the supervising agency described in Subsection (10)(a), the individual is:
          (10)(b)(i) exercising peace officer authority as provided in Section 53-13-102; or
          (10)(b)(ii) if the supervising agency described in Subsection (10)(a) is a fire department:
               (10)(b)(ii)(A) on the rolls of the supervising agency as a firefighter;
               (10)(b)(ii)(B) not regularly employed as a firefighter by the supervising agency; and
               (10)(b)(ii)(C) acting in a capacity that includes the responsibility for the extinguishment of fire. See Utah Code 67-20-2
Volunteer search and rescue team member: means an individual who:
     (11)(a) provides services as a volunteer under the supervision of a county sheriff; and
     (11)(b) at the time the individual provides the services to the county sheriff described in Subsection (11)(a), is:
          (11)(b)(i) certified as a member of the county sheriff's search and rescue team; and
          (11)(b)(ii) acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2
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