Utah Code > Title 35A > Chapter 3 – Employment Support Act

		Sections
Part 1	Basic Services and Support	35A-3-101 – 35A-3-118
Part 2	Office of Child Care	35A-3-201 – 35A-3-212
Part 3	Family Employment Program	35A-3-301 – 35A-3-313
Part 4	General Assistance	35A-3-401 – 35A-3-402
Part 5	Social Capital Formation Act	35A-3-501 – 35A-3-510
Part 6	Administrative Determination of Overpayment Act	35A-3-601 – 35A-3-610
Part 7	Refugee Services	35A-3-701 – 35A-3-702

Ask an employment law question, get an answer ASAP!
Thousands of highly rated, verified employment lawyers
Specialties include: Employment Law, EEOC, Pension and Compensation, Harassment Law, Discrimination Law, Termination Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 35A > Chapter 3 - Employment Support Act

Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75-11-102
Account: means a contract of deposit of funds between a depositor and a financial institution and includes:
     (1)(a) a checking account;
     (1)(b) a savings account;
     (1)(c) a certificate of deposit;
     (1)(d) a share account; and
     (1)(e) other like arrangement. See Utah Code 75-6-101
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
Administrative order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102
Agent: includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. See Utah Code 75-1-201 v2
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.
Amortization: Paying off a loan by regular installments.
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
Application: means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. See Utah Code 75-1-201 v2
Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75-10-102
Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75-10-102
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Appropriation: means an allocation of money by the board of trustees for a specific purpose. See Utah Code 17B-1-601
Approved self-reliance training: means an educational class, training session, or counseling session:
     (4)(a) approved by the department;
     (4)(b) described in Section 35A-3-118; and
     (4)(c) provided at no cost to a client. See Utah Code 35A-3-102
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assignment of support: means the transfer to the state of a recipient's right to receive support from another person that accrues during the period the recipient receives public assistance, including a right to receive support on behalf of any family member for whom the recipient is applying for or receiving assistance. See Utah Code 35A-3-102
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Average monthly number of families: means the average number of families who received cash assistance on a monthly basis during the previous federal fiscal year. See Utah Code 35A-3-102
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}
Beneficiary: means a person named in a trust account as one for whom a party to the account is named as trustee. See Utah Code 75-6-101
Beneficiary: means a person who receives property under a transfer on death deed. See Utah Code 75-6-402
Beneficiary designation: means a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or other nonprobate transfer at death. See Utah Code 75-1-201 v2
Beneficiary form: means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Utah Code 75-6-302
Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Utah Code 75-10-102
Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
Budget officer: means the person appointed by the special district board of trustees to prepare the budget for the district. See Utah Code 17B-1-601
Budget year: means the fiscal year for which a budget is prepared. See Utah Code 17B-1-601
Carries: means engages in the transmission of an electronic communication. See Utah Code 75-11-102
Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75-11-102
Child care: means the child care services defined in Section 35A-3-102 for:
(1)(a) children age 12 or younger; and
(1)(b) children with disabilities age 18 or younger. See Utah Code 35A-3-201
Child care provider association: means an association:
(2)(a) that has functioned as a child care provider association in the state for at least three years; and
(2)(b) is affiliated with a national child care provider association. See Utah Code 35A-3-201
Child care services: means care of a child by a responsible person who is not the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-3-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Civic organization: includes a community service club or organization, a charitable health care or service organization, a fraternal organization, a labor union, a minority or ethnic organization, a commercial or industrial organization, a commerce or business club, a private nonprofit organization, a private nonprofit corporation that provides funding to a community service organization, an organization that advocates or provides for the needs of persons with low incomes, a religious organization, and an organization that fosters strong neighborhoods and communities. See Utah Code 35A-3-102
Client: means an individual who the department has determined to be eligible for services or benefits under:
(1)(a) Chapter 3, Employment Support Act; and
(1)(b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Committee: means the Child Care Advisory Committee created in Section 35A-3-205. See Utah Code 35A-3-201
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
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.
Community property with a right of survivorship: means joint tenants with the right of survivorship. See Utah Code 75-1-201 v2
Conservator: includes a limited conservator. See Utah Code 75-11-102
Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Utah Code 75-1-201 v2
Content of an electronic communication: means information concerning the substance or meaning of the communication that:
     (6)(a) has been sent or received by a user;
     (6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
     (6)(c) is not readily accessible to the public. See Utah Code 75-11-102
Continuance: Putting off of a hearing ot trial until a later time.
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75-11-102
Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Date of enrollment: means the date on which the applicant was approved as eligible for cash assistance. See Utah Code 35A-3-102
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Deficit: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Descendant: means all of an individual's descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this title. See Utah Code 75-1-201 v2
Designated beneficiary: means a person designated to receive property in a transfer on death deed. See Utah Code 75-6-402
Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75-11-102
Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102
Directed trust: means a trust for which the terms of the trust grant a power of direction. See Utah Code 75-12-102
Director: means the director of the division assigned by the department to administer a program. See Utah Code 35A-3-102
Director: means the director of the Office of Child Care. See Utah Code 35A-3-201
Disability: means cause for a protective order as described by Section 75-5-401. See Utah Code 75-1-201 v2
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Distributee: means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. See Utah Code 75-1-201 v2
diversion payment: means a one-time cash assistance payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require extended cash assistance under Part 3, Family Employment Program. See Utah Code 35A-3-102
Docket: A log containing brief entries of court proceedings.
Donee: The recipient of a gift.
Donor: The person who makes a gift.
Donor: means a person that creates a power of appointment. See Utah Code 75-10-102
Education or training: means education or training in accordance with Utah Code 35A-3-102
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75-11-102
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Employment assistance: means services or benefits provided by the department under:
(4)(a) Chapter 3, Employment Support Act; and
(4)(b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102
Employment counselor: means an individual responsible for developing an employment plan and coordinating the services and benefits under this title in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102
Employment plan: means a written agreement between the department and a client that describes:
     (7)(a) the relationship between the department and the client;
     (7)(b) the obligations of the department and the client; and
     (7)(c) the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 17B-1-601
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 35A-1-201. See Utah Code 35A-1-102
Executor: A male person named in a will to carry out the decedent
Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
Fiduciary: A trustee, executor, or administrator.
Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75-11-102
Fiduciary: includes a personal representative, guardian, conservator, and trustee. See Utah Code 75-1-201 v2
Financial institution: means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation:
     (3)(a) banks;
     (3)(b) trust companies;
     (3)(c) industrial banks;
     (3)(d) savings banks;
     (3)(e) building and loan associations;
     (3)(f) savings and loan companies or associations; and
     (3)(g) credit unions. See Utah Code 75-6-101
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.
Fiscal year: means the annual period for accounting for fiscal operations in each district. See Utah Code 17B-1-601
Fraud: Intentional deception resulting in injury to another.
Full-time education or training: means training on a full-time basis as defined by the educational institution attended by the parent recipient. See Utah Code 35A-3-102
Fund: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General assistance: means financial assistance provided to a person under Part 4, General Assistance. See Utah Code 35A-3-102
General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Utah Code 75-10-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Gift-in-default clause: means a clause identifying a taker in default of appointment. See Utah Code 75-10-102
Governing instrument: means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. See Utah Code 75-1-201 v2
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 limited guardian. See Utah Code 75-11-102
Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section Utah Code 75-1-201 v2
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
Heirs: means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. See Utah Code 75-6-302
Impermissible appointee: means a person that is not a permissible appointee. See Utah Code 75-10-102
Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:
     (24)(a) receive and evaluate information;
     (24)(b) make and communicate decisions; or
     (24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
Incapacity: means incapacitated. See Utah Code 75-1-201 v2
Income: means gross income, whether earned or unearned, as defined by rule made in accordance with Section 35A-3-203. See Utah Code 35A-3-201
Income-eligible child: means a child whose:
(6)(a) family income does not exceed 85% of state median income for a family of the same size; and
(6)(b) family assets do not exceed the limit established by the office through rule created in accordance with Section 35A-3-203. See Utah Code 35A-3-201
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 75-6-402
Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75-11-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Instrument: means a record. See Utah Code 75-10-102
Inter vivos: Transfer of property from one living person to another living person.
Interested person: includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. See Utah Code 75-1-201 v2
Intestate: Dying without leaving a will.
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
Joint account: means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. See Utah Code 75-6-101
Joint owner: includes a joint tenant, owner of community property with a right of survivorship, and tenant by the entirety. See Utah Code 75-6-402
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}
Lease: includes an oil, gas, or other mineral lease. See Utah Code 75-1-201 v2
Letters: includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Utah Code 75-1-201 v2
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensed clinical therapist: means an individual licensed by the state under:
     (18)(a) Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
     (18)(b) Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
     (18)(c) Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act; or
     (18)(d) Title 58, Chapter 61, Psychologist Licensing Act. See Utah Code 35A-3-102
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Man: means an adult human male. See Utah Code 68-3-12.5
Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
Minor: means a person who is under 18 years old. See Utah Code 75-1-201 v2
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.
Mortgage: means any conveyance, agreement, or arrangement in which property is used as security. See Utah Code 75-1-201 v2
Multiple-party account: means any of the following types of account:
(5)(a)(i) a joint account;
(5)(a)(ii) a P. See Utah Code 75-6-101
Natural person: means a human being. See Utah Code 75-6-402
Net contribution: includes , in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question. See Utah Code 75-6-101
Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Utah Code 75-10-102
Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102
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.
Obligor: means an individual:
(20)(a) who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or
(20)(b) against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102
Office: means the Office of Child Care created in Section 35A-3-202. See Utah Code 35A-3-201
Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 75-11-102
Organization: includes a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 75-1-201 v2
Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment:
(21)(b)(i) for goods or services not provided; or
(21)(b)(ii) in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102
Oversight: Committee review of the activities of a Federal agency or program.
Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
Parent recipient: means a person who enters into an employment plan with the department to qualify for cash assistance under Part 3, Family Employment Program. See Utah Code 35A-3-102
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.
Party: includes a person identified as a trustee of an account for another whether or not a beneficiary is named. See Utah Code 75-6-101
Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
Performance goals: means a target level of performance that will be compared to actual performance. See Utah Code 35A-3-102
Performance indicators: means actual performance information regarding a program or activity. See Utah Code 35A-3-102
Performance monitoring system: means a process to regularly collect and analyze performance information, including performance indicators and performance goals. See Utah Code 35A-3-102
Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Utah Code 75-10-102
Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-11-102
Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-12-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
Person: means an individual or an organization. See Utah Code 75-1-201 v2
Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-10-102
Person: means an individual, a corporation, an organization, or other legal entity. See Utah Code 75-6-302
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 75-6-402
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
Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75-11-102
Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-6-302
Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
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.
Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. See Utah Code 75-10-102
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75-11-102
Power of direction: includes a power over the investment, management, or distribution of trust property or other matters of trust administration. See Utah Code 75-12-102
Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102
Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75-11-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Proof of death: includes a death certificate or record or report which is prima facie proof of death under Section 75-1-107. See Utah Code 75-6-101
Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-6-302
Property: means an interest in real property located in this state that is transferable on the death of the owner. See Utah Code 75-6-402
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75-11-102
Protected person: means a person for whom a conservator has been appointed. See Utah Code 75-1-201 v2
Protective proceeding: means a proceeding described in Section 75-5-401. See Utah Code 75-1-201 v2
Public assistance: means :
     (10)(a) services or benefits provided under Chapter 3, Employment Support Act;
     (10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
     (10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
     (10)(d) SNAP benefits; and
     (10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
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
Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-11-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-1-201 v2
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-10-102
Registering entity: means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Utah Code 75-6-302
Remote computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Utah Code 75-11-102
Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal. See Utah Code 75-6-101
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, and, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See Utah Code 75-1-201 v2
Security: means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. See Utah Code 75-6-302
Security account: means :
(10)(a) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or
(10)(b) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. See Utah Code 75-6-302
Service of process: The service of writs or summonses to the appropriate party.
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.
Settlor: means the same as that term is defined in Section 75-7-103. See Utah Code 75-12-102
Sign: means , with present intent to authenticate or adopt a record other than a will:
(51)(a) to execute or adopt a tangible symbol; or
(51)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 75-1-201 v2
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Single minor parent: means a person under 18 years of age who is not married and has a minor child in the person's care and custody. See Utah Code 35A-3-102
SNAP: means the federal "Supplemental Nutrition Assistance Program" under Title 7, U. See Utah Code 35A-1-102
social capital: means the value provided to the state by a civic organization, including values, cooperation, strength to families and neighborhoods, and ensuring livable communities and nurturing environments. See Utah Code 35A-3-502
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Special administrator: means a personal representative as described in Sections 75-3-614 through 75-3-618. See Utah Code 75-1-201 v2
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
     (31)(a) this chapter; or
     (31)(b)
          (31)(b)(i) this chapter; and
          (31)(b)(ii)
               (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
               (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;
               (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;
               (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;
               (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;
               (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;
               (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
               (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;
               (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;
               (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;
               (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or
               (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Utah Code 75-10-102
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 75-12-102
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Utah Code 75-6-302
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 plan: means the state plan submitted to the Secretary of the United States Department of Health and Human Services to receive funding from the United States through the Temporary Assistance for Needy Families Block Grant in accordance with Utah Code 35A-3-102
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Successor personal representative: means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. See Utah Code 75-1-201 v2
Successors: means persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this title. See Utah Code 75-1-201 v2
Summons: Another word for subpoena used by the criminal justice system.
Sums on deposit: means the balance payable on a multiple-party account, including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party. See Utah Code 75-6-101
Survive: includes its derivatives, such as "survives" "survived" "survivor" and "surviving. See Utah Code 75-1-201 v2
Taker in default of appointment: means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Utah Code 75-10-102
Terms of a trust: means :
     (8)(a) subject to Subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provisions as:
          (8)(a)(i) expressed in the trust instrument; or
          (8)(a)(ii) established by other evidence that would be admissible in a judicial proceeding; or
     (8)(b) the trust's provisions as established, determined, or amended by:
          (8)(b)(i) a trustee or trust director in accordance with applicable law;
          (8)(b)(ii) a court order; or
          (8)(b)(iii) a nonjudicial settlement agreement under Section 75-7-110. See Utah Code 75-12-102
Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 75-11-102
Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Utah Code 75-10-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer on death deed: means a deed authorized under this part. See Utah Code 75-6-402
Transferor: means an individual, in their individual capacity, who makes a transfer on death deed. See Utah Code 75-6-402
Transitional cash assistance: means assistance provided to a recipient to stabilize employment and reduce the future use of cash assistance provided under Part 3, Family Employment Program. See Utah Code 35A-3-102
Trust: includes :
          (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
          (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
          (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trust account: means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; and it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Utah Code 75-6-101
Trust director: means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of whether:
(9)(a) the terms of the trust refer to the person as a trust director; or
(9)(b) the person is a beneficiary or settlor of the trust. See Utah Code 75-12-102
Trustee: A person or institution holding and administering property in trust.
Trustee: includes a successor trustee. See Utah Code 75-11-102
Trustee: includes an original, additional, and successor trustee, and a cotrustee. See Utah Code 75-12-102
Trustee: includes an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court. See Utah Code 75-1-201 v2
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
User: means a person that has an account with a custodian. See Utah Code 75-11-102
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
Venue: The geographical location in which a case is tried.
Ward: means a person for whom a guardian has been appointed. See Utah Code 75-1-201 v2
Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Utah Code 75-6-101
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