Terms Used In Utah Code > Title 53E > Chapter 6 - Education Professional Licensure

• 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.
• Allegation: something that someone says happened.
• 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.
• Approved device: means a device described in Subsection 20A-21-201(4). See Utah Code 20A-21-101
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• 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}
• Candidate qualification process: means the process, described in Section 20A-9-403 or 20A-9-408, of gathering signatures to seek the nomination of a registered political party. See Utah Code 20A-21-101
• Certificate: means a license issued by a governmental jurisdiction outside the state. See Utah Code 53E-6-102
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Utah Independent Redistricting Commission created in Section 20A-20-201. See Utah Code 20A-20-102
• Committee: means the Legislature's redistricting committee. See Utah Code 20A-20-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Decennial year: means a year during which the United States Bureau of Census conducts a national decennial census. See Utah Code 20A-20-102
• Educator: means :
       (2)(a) a person who holds a license;
       (2)(b) a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or
       (2)(c) a person who is the subject of an allegation which has been received by an LEA, the state board, or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102
• Elected official: means :
       (18)(a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;
       (18)(b) a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or
       (18)(c) a person who is considered to be elected to a special district office in accordance with Subsection 20A-1-206(3)(b)(ii). See Utah Code 20A-1-102
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• Election officer: means :
       (23)(a) the lieutenant governor, for all statewide ballots and elections;
       (23)(b) the county clerk for:

            (23)(b)(i) a county ballot and election; and

            (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
• Electronic candidate qualification process: means the same as that term is defined in Section 20A-9-101. See Utah Code 20A-21-101
• Electronic initiative process: means the same as that term is defined in Section 20A-7-101. See Utah Code 20A-21-101
• Electronic referendum process: means the same as that term is defined in Section 20A-7-101. See Utah Code 20A-21-101
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:
  (1) appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and
  (2) obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601
• LEA: means :
       (6)(a) a school district;
       (6)(b) a charter school; or
       (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means an authorization issued by the state board that permits the holder to serve in a professional capacity in the public schools. See Utah Code 53E-6-102
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manual candidate qualification process: means the same as that term is defined in Section 20A-9-101. See Utah Code 20A-21-101
• 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.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Board certification: means a current certificate issued by the National Board for Professional Teaching Standards. See Utah Code 53E-6-102
• Parent: means a parent or legal guardian. See Utah Code 53E-1-102
• 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.
• Petition: means :
       (7)(a) as it relates to the electronic initiative process or the electronic referendum process, the electronic record that an individual signs to indicate the individual is in favor of placing the initiative or referendum on the ballot; or
       (7)(b) as it relates to electronic candidate qualification process, the electronic record that an individual signs to indicate the individual is in favor of placing an individual's name on the ballot to run for a particular elective office. See Utah Code 20A-21-101
• 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 party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public education code: means :
       (10)(a) this title;
       (10)(b) Title 53F, Public Education System -- Funding; and
       (10)(c) Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102
• 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.
• School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Signature: means :
       (8)(a) as it relates to a signature gathered for an initiative or referendum, the same as that term is defined in Section 20A-7-101; or
       (8)(b) as it relates to a signature gathered for the candidate qualification process, the same as that term is defined in Section 20A-9-101. See Utah Code 20A-21-101
• Special redistricting: means redistricting that is not a regular decennial redistricting. See Utah Code 20A-20-102
• State board: means the State Board of Education. See Utah Code 53E-1-102
• State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
• Subpoena: A command to a witness to appear and give testimony.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• UPPAC: means the Utah Professional Practices Advisory Commission. See Utah Code 53E-6-102
• Valid voter identification: means :
       (76)(a) a form of identification that bears the name and photograph of the voter which may include:

            (76)(a)(i) a currently valid Utah driver license;

            (76)(a)(ii) a currently valid identification card that is issued by:

                 (76)(a)(ii)(A) the state; or

                 (76)(a)(ii)(B) a branch, department, or agency of the United States;

            (76)(a)(iii) a currently valid Utah permit to carry a concealed weapon;

            (76)(a)(iv) a currently valid United States passport; or

            (76)(a)(v) a currently valid United States military identification card;
       (76)(b) one of the following identification cards, whether or not the card includes a photograph of the voter:

            (76)(b)(i) a valid tribal identification card;

            (76)(b)(ii) a Bureau of Indian Affairs card; or

            (76)(b)(iii) a tribal treaty card; or
       (76)(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:

            (76)(c)(i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;

            (76)(c)(ii) a bank or other financial account statement, or a legible copy thereof;

            (76)(c)(iii) a certified birth certificate;

            (76)(c)(iv) a valid social security card;

            (76)(c)(v) a check issued by the state or the federal government or a legible copy thereof;

            (76)(c)(vi) a paycheck from the voter's employer, or a legible copy thereof;

            (76)(c)(vii) a currently valid Utah hunting or fishing license;

            (76)(c)(viii) certified naturalization documentation;

            (76)(c)(ix) a currently valid license issued by an authorized agency of the United States;

            (76)(c)(x) a certified copy of court records showing the voter's adoption or name change;

            (76)(c)(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;

            (76)(c)(xii) a currently valid identification card issued by:

                 (76)(c)(xii)(A) a local government within the state;

                 (76)(c)(xii)(B) an employer for an employee; or

                 (76)(c)(xii)(C) a college, university, technical school, or professional school located within the state; or

            (76)(c)(xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
• Venue: The geographical location in which a case is tried.
• Voter: means an individual who:
       (79)(a) meets the requirements for voting in an election;
       (79)(b) meets the requirements of election registration;
       (79)(c) is registered to vote; and
       (79)(d) is listed in the official register book. See Utah Code 20A-1-102
• Website: means :
       (9)(a) as it relates to the electronic initiative process or the electronic referendum process, the website designated by the lieutenant governor for collecting the signatures and other information relating to the electronic initiative process or the electronic referendum process; or
       (9)(b) as it relates to the electronic candidate qualification process, a website designated by the lieutenant governor for collecting the signatures and other information relating to the electronic candidate qualification process. See Utah Code 20A-21-101
• 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