Terms Used In Utah Code > Title 17B > Chapter 1 > Part 5 - Withdrawal

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult: means an individual who is:
       (1)(a) at least 18 years old; or
       (1)(b) an emancipated minor. See Utah Code 75-2a-103
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
• 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.
• 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.
• Apprenticeship: means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102. See Utah Code 34A-5-102
• APRN: means an individual who is:
       (4)(a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);
       (4)(b) an independent practitioner; and
       (4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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}
• Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:
       (5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;
       (5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;
       (5)(c) the degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;
       (5)(d) the effect of the treatment on the life expectancy of the individual;
       (5)(e) the prognosis of the individual for recovery with and without the treatment;
       (5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and
       (5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103
• Bona fide occupational qualification: means a characteristic applying to an employee that:
            (1)(c)(i) is necessary to the operation; or
            (1)(c)(ii) is the essence of the employee's employer's business. See Utah Code 34A-5-102
• Bond: means :
       (3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
       (3)(b) a lease agreement, installment purchase agreement, or other agreement that:

            (3)(b)(i) includes an obligation by the district to pay money; and

            (3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
• Commission: means the Labor Commission. See Utah Code 34A-6-103
• Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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 executive: means :
       (7)(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;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 34A-5-102
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default surrogate: means the adult who may make decisions for an individual when either:
       (8)(a) an agent or guardian has not been appointed; or
       (8)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103
• Dependent: A person dependent for support upon another.
• Director: means the director of the division. See Utah Code 34A-5-102
• Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, Utah Code 34A-5-102
• 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:
• Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102
• Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103
• Employee: means a person applying with or employed by an employer. See Utah Code 34A-5-102
• Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103
• Employer: means :
                 (1)(i)(i)(A) the state;
                 (1)(i)(i)(B) a political subdivision;
                 (1)(i)(i)(C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or
                 (1)(i)(i)(D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34A-5-102
• Employer: means :
            (1)(f)(i) the state;
            (1)(f)(ii) a county, city, town, and school district in the state; and
            (1)(f)(iii) a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103
• Employment agency: means a person:
            (1)(j)(i) undertaking to procure employees or opportunities to work for any other person; or
            (1)(j)(ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 34A-5-102
• 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
• 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.
• facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
• Federal executive agency: means an executive agency, as defined in Utah Code 34A-6-103
• Franchise: means the same as that term is defined in Utah Code 34A-6-103
• Franchisee: means the same as that term is defined in Utah Code 34A-6-103
• Franchisor: means the same as that term is defined in Utah Code 34A-6-103
• Fraud: Intentional deception resulting in injury to another.
• Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 34A-5-102
• 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: 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
• Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
• Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
       (13)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
       (13)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
       (13)(c) the ability to communicate a decision. See Utah Code 75-2a-103
• Health care facility: means :
       (14)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
       (14)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103
• Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103
• Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103
• 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
• Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• Intestate: Dying without leaving a will.
• Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
• Joint apprenticeship committee: means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. See Utah Code 34A-5-102
• 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.
• Labor organization: means an organization that exists for the purpose in whole or in part of:
            (1)(q)(i) collective bargaining;
            (1)(q)(ii) dealing with employers concerning grievances, terms or conditions of employment; or
            (1)(q)(iii) other mutual aid or protection in connection with employment. See Utah Code 34A-5-102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
• Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
• Municipality: means a city or town. See Utah Code 17B-1-102
• National origin: means the place of birth, domicile, or residence of an individual or of an individual's ancestors. See Utah Code 34A-5-102
• 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.
• On-the-job-training: means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction:
            (1)(s)(i) is also employed at that job; or
            (1)(s)(ii) may be employed by the employer conducting the program during the course of the program, or when the program is completed. See Utah Code 34A-5-102
• 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
• Person: means :
            (1)(t)(i) one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
            (1)(t)(ii) the state; and
            (1)(t)(iii) a political subdivision of the state. See Utah Code 34A-5-102
• 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 the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions. See Utah Code 34A-6-103
• 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
• Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
• Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
• Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
• 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}
• 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.
• Presiding officer: means the same as that term is defined in Section 63G-4-103. See Utah Code 34A-5-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Prohibited employment practice: means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106. See Utah Code 34A-5-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public entity: means :
       (22)(a) the United States or an agency of the United States;
       (22)(b) the state or an agency of the state;
       (22)(c) a political subdivision of the state or an agency of a political subdivision of the state;
       (22)(d) another state or an agency of that state; or
       (22)(e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-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
• receiving entity: means the entity that will, after the withdrawal of an area from a special district, provide to the withdrawn area the service that the special district previously provided to the area. See Utah Code 17B-1-501
• 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
• 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.
• Retaliate: means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member:
            (1)(y)(i) opposes an employment practice prohibited under this chapter; or
            (1)(y)(ii) files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter. See Utah Code 34A-5-102
• Secretary: means the secretary of the United States Department of Labor. See Utah Code 34A-6-103
• Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 34A-5-102
• 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
• 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
• Standard: means an occupational health and safety standard or group of standards which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary to provide safety and healthful employment and places of employment. See Utah Code 34A-6-103
• 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: 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.
• Subpoena: A command to a witness to appear and give testimony.
• Surrogate: means a health care decision maker who is:
       (23)(a) an appointed agent;
       (23)(b) a default surrogate under the provisions of Section 75-2a-108; or
       (23)(c) a guardian. See Utah Code 75-2a-103
• Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• Trustee: A person or institution holding and administering property in trust.
• Undue hardship: means an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation. See Utah Code 34A-5-102
• Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
• Unincorporated entity: means an entity organized or doing business in the state that is not:
            (1)(r)(i) an individual;
            (1)(r)(ii) a corporation; or
            (1)(r)(iii) publicly traded. See Utah Code 34A-6-103
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vocational school: means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations. See Utah Code 34A-5-102
• Workplace: means any place of employment. See Utah Code 34A-6-103
• 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