Terms Used In Utah Code > Title 58 > Chapter 53 - Landscape Architects Licensing Act

• 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
• Bioterrorism: means :
       (1)(a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
       (1)(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301
• Board: means the Landscape Architects Board created in Section 58-53-201. See Utah Code 58-53-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Diagnostic information: means a clinical facility's record of individuals who present for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final diagnosis, and any pertinent lab results. See Utah Code 26B-7-301
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Exigent circumstances: means a significant change in circumstances following the expiration of a public health emergency declared in accordance with this title that:
       (5)(a) substantially increases the danger to public safety or health relative to the circumstances in existence when the public health emergency expired;
       (5)(b) poses an imminent danger to public safety or health; and
       (5)(c) was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired. See Utah Code 26B-7-301
• 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.
• Fund: means the Landscape Architects Education and Enforcement Fund created in Section 58-53-103. See Utah Code 58-53-102
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-7-301
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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
• Legislative emergency response committee: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-7-301
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
• Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (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
• Practice of landscape architecture: means rendering or offering to render any of the following services:
       (3)(a) production of a site plan which may include the design of any of the following:

            (3)(a)(i) sprinkler irrigation systems;

            (3)(a)(ii) landscape grading and drainage plans; or

            (3)(a)(iii) parking lots;
       (3)(b) design of any of the following structures incidental to the production of a site plan:

            (3)(b)(i) retaining walls; or

            (3)(b)(ii) raised platforms, decks, and walkways;
       (3)(c) design of any of the following structures incidental to the production of a site plan when the structure does not exceed 1,000 square feet:

            (3)(c)(i) covered pavilions;

            (3)(c)(ii) gazebos;

            (3)(c)(iii) restrooms;

            (3)(c)(iv) storage and maintenance facilities; or

            (3)(c)(v) other accessory structures; or
       (3)(d) collaboration with architects and professional engineers in the design of roads, bridges, buildings, and structures with respect to the functional and aesthetic requirements of the area in which they are to be placed. See Utah Code 58-53-102
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal: means a licensed landscape architect having responsible charge of a landscape architectural practice. See Utah Code 58-53-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public health emergency: includes an illness or health condition resulting from a natural disaster. See Utah Code 26B-7-301
• 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.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Unlawful conduct: is a s defined in Sections 58-1-501 and 58-53-501. See Utah Code 58-53-102
• Unprofessional conduct: is a s defined in Section 58-1-501 and as may be further defined by rule of the division in collaboration with the board. See Utah Code 58-53-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5