Utah Code > Title 10 > Chapter 6 – Uniform Fiscal Procedures Act for Utah Cities
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Terms Used In Utah Code > Title 10 > Chapter 6 - Uniform Fiscal Procedures Act for Utah Cities
- Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
- Abuse: means the same as that term is defined in Section
80-1-102 . See Utah Code 26B-1-501 - Accommodation: means :(1)(a) a hotel or motel room;(1)(b) a condominium or cooperative unit;(1)(c) a cabin;(1)(d) a lodge;(1)(e) an apartment; or(1)(f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2
- Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 26B-4-701
- Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistant education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 26B-4-701
- Acknowledged before me: means :
(1)(a) that the person acknowledging appeared before the person taking the acknowledgment;(1)(b) that he acknowledged he executed the document;(1)(c) that, in the case of:(1)(c)(i) a natural person, he executed the document for the purposes stated in it;(1)(c)(ii) a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it;(1)(c)(iii) a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it;(1)(c)(iv) a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or(1)(c)(v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and(1)(d) that the person taking the acknowledgment:(1)(d)(i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and(1)(d)(ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. See Utah Code 57-2a-2- Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
- Activities of daily living: means essential activities including:
(2)(a) dressing;(2)(b) eating;(2)(c) grooming;(2)(d) bathing;(2)(e) toileting;(2)(f) ambulation;(2)(g) transferring; and(2)(h) self-administration of medication. See Utah Code 26B-2-201- Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 57-25-102
- 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- Administration of criminal justice: means the performance of detection, apprehension, detention, pretrial release, post-trial release, prosecution, and adjudication. See Utah Code 26B-4-201
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adoption services: means the same as that term is defined in Section
80-2-801 . See Utah Code 26B-2-101- Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
- Adult Autism Treatment Account: means the Adult Autism Treatment Account created in Section 26B-1-322. See Utah Code 26B-4-601
- Adult day care: means nonresidential care and supervision:
(2)(a) for three or more adults for at least four but less than 24 hours a day; and(2)(b) that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting. See Utah Code 26B-2-101- Advertise: means information provided by a person in any medium:
(3)(a) to the public; and(3)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Advisory board: means the Medical Cannabis Policy Advisory Board created in Section
26B-1-435 . See Utah Code 26B-4-201- Advisory committee: means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424. See Utah Code 26B-4-601
- 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.
- Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means :
(1)(a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and(1)(b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3- Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
- Agent: means a coach, teacher, employee, representative, or volunteer. See Utah Code 26B-4-401
- Aggrieved person: includes a person who:
(2)(a) claims to have been injured by a discriminatory housing practice; or(2)(b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2- Allegation: something that someone says happened.
- Amateur sports organization: means , except as provided in Subsection (2)(b):
(2)(a)(i) a sports team;(2)(a)(ii) a public or private school;(2)(a)(iii) a public or private sports league;(2)(a)(iv) a public or private sports camp; or(2)(a)(v) any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26B-4-401- Ambulance service provider: means :
(1)(a) an ambulance provider as defined in Section 26B-4-101; or(1)(b) a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801- Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201
- 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.
- Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
- Amenities: means the following physical, recreational or social facilities located at a mobile home park:
(1)(a) a club house;(1)(b) a park;(1)(c) a playground;(1)(d) a swimming pool;(1)(e) a hot tub;(1)(f) a tennis court; or(1)(g) a basketball court. See Utah Code 57-16-3- Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101
- Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
- Applied behavior analysis: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- Appraisal: A determination of property value.
- 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 governing body for a specific purpose. See Utah Code 10-6-106
- Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-102(2)(j). See Utah Code 26B-5-301
- Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-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
- Arrest: Taking physical custody of a person by lawful authority.
- Assessment: means any charge imposed by the association, including:
(1)(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and(1)(b) an amount that an association of unit owners assesses to a unit owner under Subsection57-8-43 (9)(g). See Utah Code 57-8-3- Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501
- Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601
- Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
- Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
- Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
- Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201
- Assisted living facility: means :
(5)(a)(i) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:(5)(a)(i)(A) require protected living arrangements; and(5)(a)(i)(B) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and(5)(a)(ii) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201- Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
- Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
- Associated with the licensee: means that an individual is:
(4)(a)(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or(4)(a)(ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101- association: means all of the unit owners:
(2)(a) acting as a group in accordance with the declaration and bylaws; or(2)(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3- Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
- Asthma action plan: means a written plan:
(4)(a) developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and(4)(b) signed by the student's:(4)(b)(i) parent or guardian; and(4)(b)(ii) health care provider. See Utah Code 26B-4-401- Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
- 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.
- Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
- Autism spectrum disorder: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- Auxiliary aids and services: means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual. See Utah Code 26B-2-301
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- 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
- Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 26B-3-1101
- Bequest: Property gifted by will.
- Birthing center: means a facility that:
(6)(a) receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and(6)(b)(6)(b)(i) is freestanding; or(6)(b)(ii) is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection26B-2-228 (7). See Utah Code 26B-2-201- Blind: means an individual, or class of individuals, whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 55-5a-2
- Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
- Boarding school: means a private school that:
(5)(a)(i) uses a regionally accredited education program;(5)(a)(ii) provides a residence to the school's students:(5)(a)(ii)(A) for the purpose of enabling the school's students to attend classes at the school; and(5)(a)(ii)(B) as an ancillary service to educating the students at the school;(5)(a)(iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and(5)(a)(iv)(5)(a)(iv)(A) does not provide the treatment or services described in Subsection (40)(a); or(5)(a)(iv)(B) provides the treatment or services described in Subsection (40)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101- Boxing: means the sport of attack and defense using the fist, which is covered by an approved boxing glove. See Utah Code 9-23-101
- Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1
- Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
- Budget officer: means the city auditor in a city of the first and second class, the mayor or some person appointed by the mayor with the approval of the city council in a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government, or the person designated by the charter in a charter city. See Utah Code 10-6-106
- Budget period: means the fiscal period for which a budget is prepared. See Utah Code 10-6-106
- Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
- Business: means any lawful activity, excepting a farm operation, conducted primarily:
(2)(a) for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;(2)(b) for the sale of services to the public;(2)(c) by a nonprofit organization; or(2)(d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3- Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
- Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
- Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
- Cannabis: means marijuana. See Utah Code 26B-4-201
- Cannabis processing facility: means the same as that term is defined in Section
4-41a-102 . See Utah Code 26B-4-201- Cannabis product: means a product that:
(8)(a) is intended for human use; and(8)(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201- Cannabis production establishment: means the same as that term is defined in Section
4-41a-102 . See Utah Code 26B-4-201- Cannabis Research Review Board: means the Cannabis Research Review Board created in Section
26B-1-420 . See Utah Code 26B-4-201- Capacity building: means strengthening an individual's or a community's ability to participate in shared decision making. See Utah Code 26B-2-501
- Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401
- Care facility: means :
(2)(a) a nursing facility;(2)(b) an intermediate care facility for an individual with an intellectual disability; or(2)(c) any other medical institution. See Utah Code 26B-3-1001- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102
- Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401
- Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-4-701
- Certificate: means a residential child care certificate issued by the office. See Utah Code 26B-2-701
- Certification: means a less restrictive level of licensure issued by the department. See Utah Code 26B-2-101
- Certification: means an approval to operate in compliance with local or federal requirements or regulations, completed by the office or on behalf of the office for a local or federal agency. See Utah Code 26B-2-701
- Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
- Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301
- Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401
- Change of use: means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. See Utah Code 57-16-3
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Check: means an order in a specific amount drawn upon a depository by an authorized officer of a city. See Utah Code 10-6-106
- Child: means the same as that term is defined in Section
80-1-102 . See Utah Code 26B-1-501- Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901
- Child: means an individual who is under the age of 18. See Utah Code 26B-4-401
- Child: means a person under 18 years old. See Utah Code 26B-5-401
- Child care: means continuous care and supervision of a qualifying child, that is:
(4)(a) in lieu of care ordinarily provided by a parent in the parent's home;(4)(b) for less than 24 hours a day; and(4)(c) for direct or indirect compensation. See Utah Code 26B-2-401- Child care program: means a child care facility or program operated by a regulated provider. See Utah Code 26B-2-401
- Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
(8)(a) finding a person to adopt the child;(8)(b) placing the child in a home for adoption; or(8)(c) foster home placement. See Utah Code 26B-2-101- Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- City general fund: means the general fund used by a city. See Utah Code 10-6-106
- Claim: means :
(3)(a) a request or demand for payment; or(3)(b) a cause of action for money or damages arising under any law. See Utah Code 26B-3-1001- Claim: means any request or demand for money or property:
(2)(a) made to any:(2)(a)(i) employee, officer, or agent of the state;(2)(a)(ii) contractor with the state; or(2)(a)(iii) grantee or other recipient, whether or not under contract with the state; and(2)(b) if:(2)(b)(i) any portion of the money or property requested or demanded was issued from or provided by the state; or(2)(b)(ii) the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 26B-3-1101- Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
- Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
- Client: means an individual, resident, or patient who receives services from a provider. See Utah Code 26B-2-701
- Club fighting: means any contest of unarmed combat, whether admission is charged or not, where:
(3)(a)(i) the rules of the contest are not approved by the commission;(3)(a)(ii) a licensed physician, osteopath, or physician assistant approved by the commission is not in attendance;(3)(a)(iii) a correct HIV negative test regarding each contestant has not been provided to the commission;(3)(a)(iv) the contest is not conducted in accordance with commission rules; or(3)(a)(v) the contestants are not matched by the weight standards established in accordance with Section 9-23-316. See Utah Code 9-23-101- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601
- Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
- Commission: means the Labor Commission. See Utah Code 57-21-2
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Commission: means the Pete Suazo Utah Athletic Commission created by this chapter. See Utah Code 9-23-101
- Commission: means the State Tax Commission. See Utah Code 10-1-303
- Committee: means a fatality review committee that is formed under Section
26B-1-503 or26B-1-504 . See Utah Code 26B-1-501- Committee: means the Health Facility Committee created in Section
26B-1-204 . See Utah Code 26B-2-201- Committee: means the Primary Care Grant Committee described in Section
26B-1-410 . See Utah Code 26B-4-301- 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 expenses: means :
(6)(a) all sums lawfully assessed against the unit owners;(6)(b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;(6)(c) expenses agreed upon as common expenses by the association of unit owners; and(6)(d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3- Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 57-25-102
- 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.
- Common-interest community: means :
(2)(a) an association of unit owners, as defined in Section 57-8-3;(2)(b) an association, as defined in Section 57-8a-102; or(2)(c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101- Community health worker: means an individual who:
(2)(a) works to improve a social determinant of health;(2)(b) acts as an intermediary between a community and health services or social services to:(2)(b)(i) facilitate access to services; or(2)(b)(ii) improve the quality and cultural competence of service delivery; and(2)(c) increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities. See Utah Code 26B-2-501- Community mental health center: means an entity that provides treatment and services to a resident of a designated geographical area, that operates by or under contract with a local mental health authority, and that complies with state standards for community mental health centers. See Utah Code 26B-5-301
- Compendia: means resources widely accepted by the medical profession in the efficacious use of drugs, including "American Hospital Formulary Service Drug Information" "U. See Utah Code 26B-3-301
- Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computing partnerships: means a set of skills, knowledge, and aptitudes used in computer science, information technology, or computer engineering courses and career options. See Utah Code 9-22-102
- Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
- Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection
26B-4-213 (1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201- Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
- Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section
57-8-13 . See Utah Code 57-8-3- Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
- Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
- Congregate care program: means any of the following that provide services to a child:
(11)(a)(i) an outdoor youth program;(11)(a)(ii) a residential support program;(11)(a)(iii) a residential treatment program; or(11)(a)(iv) a therapeutic school. See Utah Code 26B-2-101- Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
(3)(a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;(3)(b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;(3)(c) protecting natural resources, including wetlands, grasslands, and riparian areas;(3)(d) maintaining or enhancing air or water quality;(3)(e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or(3)(f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101- conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
- Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
- Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201
- Consumer price index: means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-23-102
- Contest: means a live match, performance, or exhibition involving two or more persons engaged in unarmed combat. See Utah Code 9-23-101
- Contestant: means an individual who participates in a contest. See Utah Code 9-23-101
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
- Contractual franchise fee: means :
(2)(a) a fee:(2)(a)(i) provided for in a franchise agreement; and(2)(a)(ii) that is consideration for the franchise agreement; or(2)(b)(2)(b)(i) a fee similar to Subsection (2)(a); or(2)(b)(ii) any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303- Controlled substance: means the same as that term is defined in Title 58, Chapter 37, Utah Controlled Substances Act. See Utah Code 26B-4-501
- Controlled substance database: means the controlled substance database created in Section
58-37f-201 . See Utah Code 26B-4-201- Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
- Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
- Conviction: A judgement of guilt against a criminal defendant.
- Cooperative: means a form of coownership of real estate in which:
(1)(a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity;(1)(b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and(1)(c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument. See Utah Code 57-23-2- Core-skill training: means :
(4)(a) 90 hours of competency-based education; and(4)(b) 300 hours of community involvement as determined by the department through rule. See Utah Code 26B-2-501- Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
- Counseling: means the activities conducted by a pharmacist to inform Medicaid recipients about the proper use of drugs, as required by the board under this part. See Utah Code 26B-3-301
- Counterclaim: A claim that a defendant makes against a plaintiff.
- 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 Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Covered multifamily dwelling: means :
(8)(a) a building consisting of four or more dwelling units if the building has one or more elevators; and(8)(b) the ground floor units in other buildings consisting of four or more dwelling units. See Utah Code 57-21-2- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Criminal risk factors: means a person's characteristics and behaviors that:
(1)(a) affect the person's risk of engaging in criminal behavior; and(1)(b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in reduced risk of criminal behavior. See Utah Code 26B-5-101- Criteria: means those predetermined and explicitly accepted elements used to measure drug use on an ongoing basis in order to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes. See Utah Code 26B-3-301
- Critical access hospital: means a critical access hospital that meets the criteria of Utah Code 26B-4-501
- Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
(2)(a)(i) at an angle between 80 degrees and 100 degrees;(2)(a)(ii) with a minimum depth of:(2)(a)(ii)(A) 10 feet below rail level for nonhorizontal directional drilling; or(2)(a)(ii)(B) 15 feet below rail for horizontal directional drilling; and(2)(a)(iii) within a county that is not a county of the first class. See Utah Code 54-23-102- Current period: means the fiscal period in which a budget is prepared and adopted, i. See Utah Code 10-6-106
- Day: means calendar day. See Utah Code 57-26-102
- Day treatment: means specialized treatment that is provided to:
(12)(a) a client less than 24 hours a day; and(12)(b) four or more persons who:(12)(b)(i) are unrelated to the owner or provider; and(12)(b)(ii) have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101- De minimis amount: means an amount of taxable energy that does not exceed the greater of:
(4)(a) 5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or(4)(b) $10,000. See Utah Code 10-1-303- Decedent: A deceased person.
- Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
- Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delivered value: means the fair market value of the taxable energy delivered for sale or use in the municipality and includes:
(3)(a)(i) the value of the energy itself; and(3)(a)(ii) any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality. See Utah Code 10-1-303- Delivery address: means the same as that term is defined in Section
4-41a-102 . See Utah Code 26B-4-201- Department: means any functional unit within a fund that carries on a specific activity, such as a fire or police department within a city general fund. See Utah Code 10-6-106
- Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
- Department: means the Department of Commerce. See Utah Code 58-1-102
- Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
- Department contractor: means an individual who:
(13)(a) provides services under a contract with the department; and(13)(b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101- Department of Transportation: means the Department of Transportation created in Section 72-1-201. See Utah Code 57-12-3
- Dependency: means the same as that term is defined in Section
80-1-102 . See Utah Code 26B-1-501- Dependent: A person dependent for support upon another.
- Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
- Designated caregiver: means :
(16)(a) an individual:(16)(a)(i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and(16)(a)(ii) who registers with the department under Section26B-4-214 ; or(16)(b)(16)(b)(i) a facility that an individual designates as a designated caregiver in accordance with Subsection26B-4-214 (1)(b); or(16)(b)(ii) an assigned employee of the facility described in Subsection26B-4-214 (1)(b)(ii). See Utah Code 26B-4-201- Designated commission member: means a member of the commission designated to:
(7)(a) attend and supervise a particular contest; and(7)(b) act on the behalf of the commission at a contest venue. See Utah Code 9-23-101- Designated examiner: means :
(8)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or(8)(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of mental illness. See Utah Code 26B-5-301- Designated facility: means :
(3)(a) a freestanding urgent care center;(3)(b) a general acute hospital; or(3)(c) a critical access hospital. See Utah Code 26B-4-501- Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
- Developer: means a person that:
(10)(a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or(10)(b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2- Development: includes :
(11)(b)(i) a single-site development; or(11)(b)(ii) a multiple-site development. See Utah Code 57-19-2- Devise: To gift property by will.
- Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601
- Direct access: means that an individual has, or likely will have:
(14)(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or(14)(b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101- Direct labor: means work required for preparation, processing and packing, other than supervision, administration, inspection, or shipping. See Utah Code 55-5a-2
- Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
- Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
- Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background check approval issued by the office. See Utah Code 26B-2-101
- Director: means the director of the division. See Utah Code 57-19-2
- Director: means the director of the division or a designee. See Utah Code 57-21-2
- Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
- Director: means the director appointed by the commission. See Utah Code 9-23-101
- Director: means the director appointed under Section
26B-5-103 . See Utah Code 26B-5-101- Director: means the director of the office. See Utah Code 26B-2-101
- Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
- Disaster relief organization: means an entity that:
(1)(a) provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners;(1)(b) is designated or recognized as a provider of the services described in Subsection (1)(a) under a disaster response and recovery plan adopted by:(1)(b)(i) an agency of the federal government;(1)(b)(ii) the department; or(1)(b)(iii) a local health department; and(1)(c) regularly plans and conducts its activities in coordination with:(1)(c)(i) an agency of the federal government;(1)(c)(ii) the department; or(1)(c)(iii) a local health department. See Utah Code 26B-4-801- Discharges: means the number of total hospital discharges reported on:
(3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or(3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-501- Discharges: means the number of total hospital discharges reported on:
(3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or(3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-601- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Discriminate: includes segregate or separate. See Utah Code 57-21-2
- Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispense: means the same as that term is defined in Section
58-17b-102 . See Utah Code 26B-4-501- Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3
- Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
- Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
- Division: means the Division of Real Estate created in Section
61-2-201 . See Utah Code 57-11-2- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
- Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-23-2
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102- Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
- Division: means the Division of Integrated Healthcare created in Section
26B-1-1202 . See Utah Code 26B-5-101- Division: means the Division of Customer Experience. See Utah Code 26B-2-301
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-801
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 26B-4-501- Docket: A log containing brief entries of court proceedings.
- Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
- Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102
- Domestic violence: means the same as that term is defined in Section
77-36-1 . See Utah Code 26B-2-101- Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
- Donor: The person who makes a gift.
- Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
- Drug-disease contraindications: means that the therapeutic effect of a drug is adversely altered by the presence of another disease condition. See Utah Code 26B-3-301
- DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301
- Dwelling: means :
(14)(a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or(14)(b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (14)(a). See Utah Code 57-21-2- Easement: means a nonpossessory property interest that:
(5)(a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and(5)(b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101- Easement holder: means :
(6)(a) in the case of an appurtenant easement, the dominant estate owner; or(6)(b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101- Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
- education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
- Educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 9-22-102
- Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
- Electrical corporation: means the same as that term is defined in Section
54-2-1 . See Utah Code 57-8-3- Elimination unarmed combat contest: means a contest where:
(9)(a) a number of contestants participate in a tournament;(9)(b) the duration is not more than 48 hours; and(9)(c) the loser of each contest is eliminated from further competition. See Utah Code 9-23-101- Emergency: means :
(2)(a) a state of emergency declared by:(2)(a)(i) the president of the United States;(2)(a)(ii) the governor in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and(2)(a)(iii) the chief executive officer of a political subdivision in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, for a local emergency; or(2)(b) a public health emergency declared by:(2)(b)(i) the executive director through a public health order in accordance with this title; or(2)(b)(ii) a local health department for a location under the local health department's jurisdiction. See Utah Code 26B-4-801- Emergency contraception: means the use of a substance, approved by the United States Food and Drug Administration, to prevent pregnancy after sexual intercourse. See Utah Code 26B-4-501
- Emergency medical dispatch center: means a public safety answering point, as defined in Section
63H-7a-103 , that is designated as an emergency medical dispatch center by the office. See Utah Code 26B-4-301- Emergency safety intervention: means a tactic used to protect staff or a client from being physically injured, utilized by an appropriately trained direct care staff and only performed in accordance with a nationally or regionally recognized curriculum in the least restrictive manner to restore staff or client safety. See Utah Code 26B-2-101
- Employee welfare benefit plan: means a medical insurance plan developed by an employer under Utah Code 26B-3-1001
- End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
- Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303
- Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26B-3-211. See Utah Code 26B-3-501
- Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-6-106
- Entity: means a person other than an individual. See Utah Code 26B-4-801
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
- Environmental response project: means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
(5)(a) under a federal or state program governing environmental remediation of real property, including underTitle 19, Environmental Quality Code ;(5)(b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or(5)(c) under the state voluntary clean-up program authorized inTitle 19, Chapter 8, Voluntary Cleanup Program . See Utah Code 57-25-102- Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 26B-4-401
- 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.
- Essential treatment examiner: means :
(2)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or(2)(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder. See Utah Code 26B-5-501- Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget period in each fund for which a budget is being prepared. See Utah Code 10-6-106
- 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 of Commerce. See Utah Code 57-19-2
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
- Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-2-401
- Exhibition: means an engagement in which the participants show or display their skills without necessarily striving to win. See Utah Code 9-23-101
- Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
- Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fairpark district: means the Utah Fairpark Area Investment and Restoration District, created in Section
11-70-201 . See Utah Code 10-1-303- false representation: means a wholly or partially untrue statement or representation which is:
(3)(a) knowingly made; and(3)(b) a material fact with respect to the claim. See Utah Code 26B-3-1101- Familial status: means one or more individuals who have not attained the age of 18 years being domiciled with:
(15)(a)(i) a parent or another person having legal custody of the one or more individuals; or(15)(a)(ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. See Utah Code 57-21-2- Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Utah Code 57-12-3
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Federal act: means the federal Interstate Land Sales Full Disclosure Act, Utah Code 57-11-2
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fees: means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. See Utah Code 57-16-3
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
- Fiduciary: A trustee, executor, or administrator.
- Financial officer: means the mayor in the council-mayor optional form of government or the city official as authorized by Section 10-6-158. See Utah Code 10-6-106
- Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
- 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.
- Flag: means a depiction or emblem:
(1)(a)(i)(1)(a)(i)(A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or(1)(a)(i)(B) of the state flag of Utah as provided in Section63G-1-501 ;(1)(a)(ii) made from fabric or cloth; and(1)(a)(iii) with measurements that do not exceed three feet by five feet. See Utah Code 57-24-101- Food service: includes restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with them. See Utah Code 55-5-6
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Formal review: means a review of a death or a near fatality that is ordered under Subsection
26B-1-502 (5). See Utah Code 26B-1-501- Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
- Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303
- Franchise tax: means :
(8)(a) a franchise tax;(8)(b) a tax similar to a franchise tax; or(8)(c) any combination of Subsections (8)(a) and (b). See Utah Code 10-1-303- Fraud: Intentional deception resulting in injury to another.
- Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201
- Freestanding urgent care center: means the same as that term is defined in Section
59-12-801 . See Utah Code 26B-4-501- Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106
- Fund: means the STEM Action Center Foundation Fund created in Section 9-22-105. See Utah Code 9-22-102
- Gas corporation: means the same as that term is defined in Section
54-2-1 . See Utah Code 57-8-3- Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 57-21-2
- General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201
- General acute hospital: means the same as that term is defined in Section
26B-2-201 . See Utah Code 26B-4-501- General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-6-106
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Government agency: means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities. See Utah Code 26B-2-301
- Government issued photo identification: means any of the following forms of identification:
(19)(a) a valid state-issued driver license or identification card;(19)(b) a valid United States federal-issued photo identification, including:(19)(b)(i) a United States passport;(19)(b)(ii) a United States passport card;(19)(b)(iii) a United States military identification card; or(19)(b)(iv) a permanent resident card or alien registration receipt card; or(19)(c) a foreign passport. See Utah Code 26B-4-201- Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201
- Grant program: means the Computing Partnerships Grants program created in this part. See Utah Code 9-22-102
- 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 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- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Harmful sexual conduct: means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l):
(11)(a) sexual intercourse;(11)(b) penetration, however slight, of the genital or anal opening of the individual;(11)(c) any sexual act involving the genitals or anus of the actor or the individual and the mouth or anus of either individual, regardless of the gender of either participant; or(11)(d) any sexual act causing substantial emotional injury or bodily pain. See Utah Code 26B-5-301- Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
- Health care facility: means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health care agency, or another facility that provides or contracts to provide health care services, which facility is licensed under Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 26B-4-501
- Health care professionals in training: means medical students and residents, advanced practice nursing students, physician assistant students, doctor of pharmacy students, dental students, and registered nursing students. See Utah Code 26B-4-701
- Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101
- Health care provider: means an individual who is licensed as:
(8)(a) a physician under Title 58, Chapter 67, Utah Medical Practice Act;(8)(b) a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;(8)(c) an advanced practice registered nurse under Section 58-31b-302; or(8)(d) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-401- Health care provider: means :
(10)(a) a physician, as defined in Section58-67-102 ;(10)(b) an advanced practice registered nurse, as defined in Section58-31b-102 ;(10)(c) a physician assistant, as defined in Section58-70a-102 ; or(10)(d) an individual licensed to engage in the practice of dentistry, as defined in Section58-69-102 . See Utah Code 26B-4-501- Health coverage improvement program: means the health coverage improvement program described in Section 26B-3-207. See Utah Code 26B-3-501
- Health facility: means an entity licensed under the laws of this or another state to provide health or veterinary services. See Utah Code 26B-4-801
- Health insurance entity: means :
(5)(a) an insurer;(5)(b) a person who administers, manages, provides, offers, sells, carries, or underwrites health insurance, as defined in Section 31A-1-301;(5)(c) a self-insured plan;(5)(d) a group health plan, as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;(5)(e) a service benefit plan;(5)(f) a managed care organization;(5)(g) a pharmacy benefit manager;(5)(h) an employee welfare benefit plan; or(5)(i) a person who is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. See Utah Code 26B-3-1001- Health maintenance organization: means an organization, organized under the laws of any state which:
(14)(a) is a qualified health maintenance organization under Utah Code 26B-2-201- Health practitioner: means an individual licensed under Utah law or another state to provide health or veterinary services. See Utah Code 26B-4-801
- Health services: means the provision of treatment, care, advice, guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
(7)(a) the following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:(7)(a)(i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or(7)(a)(ii) counseling, assessment, procedures, or other services;(7)(b) selling or dispensing a drug, a device, equipment, or another item to an individual in accordance with a prescription; and(7)(c) funeral, cremation, cemetery, or other mortuary services. See Utah Code 26B-4-801- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- High quality professional development: means professional development that meets high quality standards developed by the State Board of Education. See Utah Code 9-22-102
- Highway: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
- Highway: includes :
(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5- Holder: means the grantee of an environmental covenant as specified in Subsection
57-25-103(1) . See Utah Code 57-25-102- Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
- Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
- Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
- Hospital: means a general acute hospital, as defined in Section
26B-2-201 . See Utah Code 26B-4-701- Hospital share: means the hospital share described in Section 26B-3-505. See Utah Code 26B-3-501
- Hospital share: means the hospital share described in Section
26B-3-605 . See Utah Code 26B-3-601- Human services program: means :
(25)(a)(i) a foster home;(25)(a)(ii) a therapeutic school;(25)(a)(iii) a youth program;(25)(a)(iv) an outdoor youth program;(25)(a)(v) a residential treatment program;(25)(a)(vi) a residential support program;(25)(a)(vii) a resource family home;(25)(a)(viii) a recovery residence; or(25)(a)(ix) a facility or program that provides:(25)(a)(ix)(A) adult day care;(25)(a)(ix)(B) day treatment;(25)(a)(ix)(C) outpatient treatment;(25)(a)(ix)(D) domestic violence treatment;(25)(a)(ix)(E) child-placing services;(25)(a)(ix)(F) social detoxification; or(25)(a)(ix)(G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101- Human waste: means excrement, feces, gray water, or other waste material discharged from the human body. See Utah Code 56-3-1
- Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
- Increased risk: means risk exceeding the risk typically experienced by an individual who is not using, and is not likely to use, an opiate. See Utah Code 26B-4-501
- 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
- Independent third party: means a person that:
(21)(a) is not related to the unit owner;(21)(b) shares no pecuniary interests with the unit owner; and(21)(c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3- Indian child: means the same as that term is defined in Utah Code 26B-2-101
- Indian country: means the same as that term is defined in Utah Code 26B-2-101
- Indian tribe: means the same as that term is defined in Utah Code 26B-2-101
- Industrial park: means a subdivision or subdivided lands offered as a part of a common promotional plan of advertising and sale zoned for office, manufacturing, warehousing, commercial, industrial, distribution, or wholesale use and utilized for one or more of those purposes. See Utah Code 57-11-2
- Informed waiver: means the patient was informed of a right and, after being informed of that right and the patient's right to waive the right, expressly communicated his or her intention to waive that right. See Utah Code 26B-5-301
- Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
- Institution: means a hospital or a health facility licensed under Section 26B-2-206. See Utah Code 26B-5-301
- Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 9-22-102
- Insurer: includes :
(7)(a) a group health plan as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;(7)(b) a health maintenance organization; and(7)(c) any entity offering a health service benefit plan. See Utah Code 26B-3-1001- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5- Inter vivos: Transfer of property from one living person to another living person.
- Interest: includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. See Utah Code 57-19-2
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 10-6-106
- Intermediate care facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
- Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
- Intermediate secure treatment: means 24-hour specialized residential treatment or care for an individual who:
(29)(a) cannot live independently or in a less restrictive environment; and(29)(b) requires, without the individual's consent or control, the use of locked doors to care for the individual. See Utah Code 26B-2-101- Intervention: means a form of communication utilized by the board with a prescriber or pharmacist to inform about or influence prescribing or dispensing practices. See Utah Code 26B-3-301
- Inventory control system: means the system described in Section
4-41a-103 . See Utah Code 26B-4-201- 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.
- Judge: means an individual qualified by training or experience to:
(11)(a) rate the performance of contestants;(11)(b) score a contest; and(11)(c) determine with other judges whether there is a winner of the contest or whether the contestants performed equally, resulting in a draw. See Utah Code 9-23-101- Judicial foreclosure: means a foreclosure of a unit:
(22)(a) for the nonpayment of an assessment;(22)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and(22)(c) as provided in this chapter. See Utah Code 57-8-3- Jurisprudence: The study of law and the structure of the legal system.
- 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- Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
- Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
- Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 10-6-106
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
- Legal custody: means :
(3)(a) the right to determine where and with whom the child shall live;(3)(b) the right to participate in all treatment decisions and to consent or withhold consent for treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery; and(3)(c) the right to authorize surgery or other extraordinary medical care. See Utah Code 26B-5-401- Legal dosage limit: means an amount that:
(22)(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the relevant recommending medical provider or the state central patient portal or pharmacy medical provider, in accordance with Subsection26B-4-230 (5), recommends; and(22)(b) may not exceed:(22)(b)(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and(22)(b)(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol. See Utah Code 26B-4-201- Legal use termination date: means a date on the label of a container of unprocessed cannabis flower:
(23)(a) that is 60 days after the date of purchase of the cannabis; and(23)(b) after which, the cannabis is no longer in a medicinal dosage form outside of the primary residence of the relevant medical cannabis patient cardholder. See Utah Code 26B-4-201- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Lessee of record: means a person holding a lessee's interest under a recorded lease or memorandum of lease. See Utah Code 57-13c-101
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: includes authorization under this title to an individual to provide health or veterinary services based upon a national or state certification issued by a public or private entity. See Utah Code 26B-4-801
- Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401
- Licensee: means an individual licensed to practice:
(2)(a) under Title 58, Chapter 5a, Podiatric Physician Licensing Act;(2)(b) under Title 58, Chapter 17b, Pharmacy Practice Act;(2)(c) under Title 58, Chapter 28, Veterinary Practice Act;(2)(d) under Title 58, Chapter 31b, Nurse Practice Act;(2)(e) mental health therapy under Title 58, Chapter 60, Mental Health Professional Practice Act;(2)(f) mental health therapy under Title 58, Chapter 61, Psychologist Licensing Act;(2)(g) under Title 58, Chapter 67, Utah Medical Practice Act;(2)(h) under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;(2)(i) under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or(2)(j) under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102- 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
- Licensee: means an individual licensed by the commission to act as a:
(12)(a) contestant;(12)(b) judge;(12)(c) manager;(12)(d) promoter;(12)(e) referee;(12)(f) second; or(12)(g) other official established by the commission by rule. See Utah Code 9-23-101- Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
- Licensing committee: means the Child Care Provider Licensing Committee created in Section 26B-1-204. See Utah Code 26B-2-401
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
- Limited medical provider: means an individual who:
(24)(a) meets the recommending qualifications; and(24)(b) has no more than 15 patients with a valid medical cannabis patient card as a result of the individual's recommendation, in accordance with Subsection26B-4-204 (1)(b). See Utah Code 26B-4-201- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local emergency: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-4-801
- Local government: means a city, town, or county. See Utah Code 26B-2-101
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-4-801
- Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
- Local substance abuse authority: means a county legislative body. See Utah Code 26B-5-101
- Local substance abuse authority: means a county legislative body designated to provide substance abuse services in accordance with Section 17-43-201. See Utah Code 26B-5-201
- Local substance abuse authority: means the same as that term is defined in Section 26B-5-101 and described in Section 17-43-201. See Utah Code 26B-5-301
- Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1
- Long-term care facility: means :
(6)(a)(i) a skilled nursing facility;(6)(a)(ii) except as provided in Subsection (6)(b), an intermediate care facility;(6)(a)(iii) a nursing home;(6)(a)(iv) a small health care facility;(6)(a)(v) a small health care facility type N; or(6)(a)(vi) an assisted living facility. See Utah Code 26B-2-301- Man: means an adult human male. See Utah Code 68-3-12.5
- Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
- Management committee meeting: means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. See Utah Code 57-8-3
- Manager: means an individual who represents a contestant for the purpose of:
(13)(a) obtaining a contest for a contestant;(13)(b) negotiating terms and conditions of the contract under which the contestant will engage in a contest; or(13)(c) arranging for a second for the contestant at a contest. See Utah Code 9-23-101- Marijuana: means the same as that term is defined in Section
58-37-2 . See Utah Code 26B-4-201- Means of electronic communication: includes :
(28)(b)(i) web conferencing;(28)(b)(ii) video conferencing; and(28)(b)(iii) telephone conferencing. See Utah Code 57-8-3- Medicaid ACA Fund: means the Medicaid ACA Fund created in Section
26B-1-315 . See Utah Code 26B-3-601- Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-501
- Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-601
- Medicaid certification: means the right of a nursing care facility, as a provider of a nursing care facility program, to receive Medicaid reimbursement for a specified number of beds within the facility. See Utah Code 26B-3-301
- Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
- Medicaid waiver expansion: means a Medicaid expansion in accordance with Section 26B-3-113 or 26B-3-210. See Utah Code 26B-3-501
- Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101
- Medical assistance: means :
(8)(a) all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and(8)(b) any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001- Medical benefit: means a benefit paid or payable to:
(6)(a) a health care provider; or(6)(b) a recipient or a provider under a program administered by the state under:(6)(b)(i) Titles V and XIX of the federal Social Security Act;(6)(b)(ii) Title X of the federal Public Health Services Act;(6)(b)(iii) the federal Child Nutrition Act of 1966 as amended by Pub. See Utah Code 26B-3-1101- Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
- Medical cannabis card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. See Utah Code 26B-4-201
- Medical cannabis cardholder: means :
(28)(a) a holder of a medical cannabis card; or(28)(b) a facility or assigned employee, described in Subsection (16)(b), only:(28)(b)(i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection26B-4-214 (1)(b); and(28)(b)(ii) while in possession of documentation that establishes:(28)(b)(ii)(A) a caregiver designation described in Subsection26B-4-214 (1)(b);(28)(b)(ii)(B) the identity of the individual presenting the documentation; and(28)(b)(ii)(C) the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201- Medical cannabis caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
(29)(a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and(29)(b) is connected to the electronic verification system. See Utah Code 26B-4-201- Medical cannabis courier: means the same as that term is defined in Section
4-41a-102 . See Utah Code 26B-4-201- Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
- Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
(32)(a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and(32)(b) is connected to the electronic verification system. See Utah Code 26B-4-201- Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
(33)(a) the department issues to an individual with a qualifying condition; and(33)(b) is connected to the electronic verification system. See Utah Code 26B-4-201- Medical cannabis pharmacy: means a person that:
(34)(a)(34)(a)(i) acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or(34)(a)(ii) possesses medical cannabis or a medical cannabis device; and(34)(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201- Medical cannabis pharmacy agent: means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department. See Utah Code 26B-4-201
- Medical cannabis shipment: means the same as that term is defined in Section
4-41a-102 . See Utah Code 26B-4-201- Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201
- Medically underserved population: means the population of an urban or rural area or a population group that the committee determines has a shortage of primary health care. See Utah Code 26B-4-301
- Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-501
- Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-601
- Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
(39)(b)(i) the medical cannabis cardholder has recently removed from the container described in Subsection (39)(a)(ii) for use; and(39)(b)(ii) does not exceed the quantity described in Subsection (39)(a)(ii). See Utah Code 26B-4-201- member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
- Member: means a child enrolled in the program. See Utah Code 26B-3-901
- Mental health crisis: means :
(6)(a) a mental health condition that manifests in an individual by symptoms of sufficient severity that a prudent layperson who possesses an average knowledge of mental health issues could reasonably expect the absence of immediate attention or intervention to result in:(6)(a)(i) serious danger to the individual's health or well-being; or(6)(a)(ii) a danger to the health or well-being of others; or(6)(b) a mental health condition that, in the opinion of a mental health therapist or the therapist's designee, requires direct professional observation or intervention. See Utah Code 26B-5-101- Mental health crisis services: means an array of services provided to an individual who experiences a mental health crisis, which may include:
(8)(a) direct mental health services;(8)(b) on-site intervention provided by a mobile crisis outreach team;(8)(c) the provision of safety and care plans;(8)(d) prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis;(8)(e) referrals to other community resources;(8)(f) local mental health crisis lines; and(8)(g) the statewide mental health crisis line. See Utah Code 26B-5-101- Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
- Mental health officer: means an individual who is designated by a local mental health authority as qualified by training and experience in the recognition and identification of mental illness, to:
(17)(a) apply for and provide certification for a temporary commitment; or(17)(b) assist in the arrangement of transportation to a designated mental health facility. See Utah Code 26B-5-301- Mental health therapist: means the same as that term is defined in Section
58-60-102 . See Utah Code 26B-5-101- Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
- Mental illness: means :
(18)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or(18)(b) the same as that term is defined in:(18)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or(18)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301- Military authority: means the Military Installation Development Authority, created in Section
63H-1-201 . See Utah Code 10-1-303- Minor: means child. See Utah Code 26B-2-101
- Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-5-201
- Mixed-use condominium project: means a condominium project that has both residential and commercial units in the condominium project. See Utah Code 57-8-3
- Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
- Mobile home park: means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. See Utah Code 57-16-3
- Mobile home space: means a specific area of land within a mobile home park designed to accommodate one mobile home. See Utah Code 57-16-3
- 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.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :
(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Municipality: means a city or town. See Utah Code 10-1-303
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- National origin: means the place of birth of an individual or of any lineal ancestors. See Utah Code 57-21-2
- Near fatality: means alleged abuse or neglect that, as certified by a physician or physician assistant, places a child in serious or critical condition. See Utah Code 26B-1-501
- Negative easement: means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. See Utah Code 57-13c-101
- Neglect: means the same as that term is defined in Section
80-1-102 . See Utah Code 26B-1-501- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Non-federal portion: means the non-federal share the division needs to seed amounts that will support fee-for-service ambulance service provider rates, as described in Section 26B-3-804. See Utah Code 26B-3-801
- Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-501
- Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-601
- Nonjudicial foreclosure: means the sale of a unit:
(30)(a) for the nonpayment of an assessment;(30)(b) in the same manner as the sale of trust property under Sections57-1-19 through57-1-34 ; and(30)(c) as provided in this chapter. See Utah Code 57-8-3- Nonprofit organization: means all corporations, societies, and associations whose object is not pecuniary profit, but is to promote the general interest and welfare of the members, whether temporal, social, or spiritual. See Utah Code 57-12-3
- Nonresident patient: means an individual who:
(40)(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;(40)(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis card under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and(40)(c) has been diagnosed with a qualifying condition as described in Section26B-4-203 . See Utah Code 26B-4-201- Notarial act: means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents. See Utah Code 57-2a-2
- Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102
- Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
(17)(a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;(17)(b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or(17)(c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201- Nursing care facility: means the following facilities licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection:
(12)(a)(i) skilled nursing facilities;(12)(a)(ii) intermediate care facilities; and(12)(a)(iii) an intermediate care facility for people with an intellectual disability. See Utah Code 26B-3-301- Nursing care facility: means :
(1)(a)(i) a nursing care facility as defined in Section26B-2-201 ;(1)(a)(ii) a designated swing bed in:(1)(a)(ii)(A) a general acute hospital as defined in Section26B-2-201 ; and(1)(a)(ii)(B) a critical access hospital which meets the criteria of Utah Code 26B-3-401- Nursing care facility program: means the personnel, licenses, services, contracts, and all other requirements that shall be met for a nursing care facility to be eligible for Medicaid certification under this part and division rule. See Utah Code 26B-3-301
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- 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.
- Offer: includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit. See Utah Code 57-11-2
- Offer: means a solicitation solely intended to result in a person purchasing an interest in a development. See Utah Code 57-19-2
- Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 55-5a-2
- Office: means the Office of Substance Use and Mental Health created in Section
26B-5-102 . See Utah Code 26B-5-101- Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
- Office: means the Office of Emergency Medical Services and Preparedness within the department. See Utah Code 26B-4-301
- Office of Recovery Services: means the Office of Recovery Services within the department. See Utah Code 26B-3-1001
- Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301
- Ombudsman program: means the Long-Term Care Ombudsman Program. See Utah Code 26B-2-301
- Opiate: means the same as that term is defined in Section
58-37-2 . See Utah Code 26B-4-501- Opiate antagonist: means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal Food and Drug Administration for the diagnosis or treatment of an opiate-related drug overdose. See Utah Code 26B-4-501
- Opiate-related drug overdose event: means an acute condition, including a decreased level of consciousness or respiratory depression resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to require medical assistance. See Utah Code 26B-4-501
- Outdoor youth program: means a program that provides:
(34)(a) services to a child that has:(34)(a)(i) a chemical dependency; or(34)(a)(ii) a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral;(34)(b) a 24-hour outdoor group living environment; and(34)(c)(34)(c)(i) regular therapy, including group, individual, or supportive family therapy; or(34)(c)(ii) informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Outpatient treatment: means individual, family, or group therapy or counseling designed to improve and enhance social or psychological functioning for those whose physical and emotional status allows them to continue functioning in their usual living environment. See Utah Code 26B-2-101
- Overdose outreach provider: means :
(15)(a) a law enforcement agency;(15)(b) a fire department;(15)(c) an emergency medical service provider, as defined in Section26B-4-101 ;(15)(d) emergency medical service personnel, as defined in Section26B-4-101 ;(15)(e) an organization providing treatment or recovery services for drug or alcohol use;(15)(f) an organization providing support services for an individual, or a family of an individual, with a substance use disorder;(15)(g) a certified peer support specialist, as defined in Section26B-5-610 ;(15)(h) an organization providing substance use or mental health services under contract with a local substance abuse authority, as defined in Section26B-5-101 , or a local mental health authority, as defined in Section26B-5-101 ;(15)(i) an organization providing services to the homeless;(15)(j) a local health department;(15)(k) an individual licensed to practice under:(15)(k)(i) Title 58, Chapter 17b, Pharmacy Practice Act;(15)(k)(ii) Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or(15)(k)(iii) Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or(15)(l) an individual. See Utah Code 26B-4-501- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means the owner, lessor, or sublessor of a residential rental unit. See Utah Code 57-22-2
- Par value: means a number of dollars or points assigned to each unit by the declaration. See Utah Code 57-8-3
- 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.
- Passenger train: means any train operated by a railroad company or corporation pursuant to
Title 56, Chapter 1, General Provisions , for the primary purpose of transporting passengers for hire. See Utah Code 56-3-1- Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101
- Patient: means an individual who is:
(20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or(20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301- Patient counseling: means the same as that term is defined in Section
58-17b-102 . See Utah Code 26B-4-501- Patient day: means each calendar day in which an individual patient is admitted to the nursing care facility during a calendar month, even if on a temporary leave of absence from the facility. See Utah Code 26B-3-401
- Period of administrative control: means the period of control described in Subsection
Utah Code 57-8-3 - Person: means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 56-3-1
- Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
- Person: includes :
(6)(a) a business trust;(6)(b) an estate;(6)(c) a trust;(6)(d) a partnership;(6)(e) an unincorporated association;(6)(f) two or more of any entity having a joint or common interest; or(6)(g) any other legal or commercial entity. See Utah Code 57-11-2- Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3
- Person: means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity. See Utah Code 57-13c-101
- Person: includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries. See Utah Code 57-21-2
- 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 57-26-102
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Person: is a s defined in Section
59-12-102 . See Utah Code 10-1-303- Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
- Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101
- 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- Pharmacist: means a person licensed in this state to engage in the practice of pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act. See Utah Code 26B-3-301
- Pharmacist: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-401
- Pharmacist: means the same as that term is defined in Section
58-17b-102 . See Utah Code 26B-4-501- Pharmacy intern: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-401
- Pharmacy intern: means the same as that term is defined in Section
58-17b-102 . See Utah Code 26B-4-501- Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section
26B-4-219 . See Utah Code 26B-4-201- Physical custody: means :
(4)(a) placement of a child in any residential or inpatient setting;(4)(b) the right to physical custody of a child;(4)(c) the right and duty to protect the child; and(4)(d) the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care. See Utah Code 26B-5-401