§ 10-9a-901 Definitions
§ 10-9a-902 Vested critical infrastructure materials operations — Conclusive presumption
§ 10-9a-903 Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations
§ 10-9a-904 Notice
§ 10-9a-905 Abandonment of a vested critical infrastructure materials operations

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Terms Used In Utah Code > Title 10 > Chapter 9a > Part 9 - Vested Critical Infrastructure Materials Operations

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
  • Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
  • Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2
  • 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.
  • Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
              (7)(a)(i) a gift, subscription, loan, advance, or deposit of money or anything of value;
              (7)(a)(ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or
              (7)(a)(iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 10-9a-901
  • Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 10-9a-901
  • Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
         (3)(a) owns, controls, or manages a critical infrastructure materials operations; and
         (3)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 10-9a-901
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
  • Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
  • Donor: The person who makes a gift.
  • 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.
  • Exempt function: includes making an expenditure relating to an office described in Subsection (11)(a) which, if incurred by the individual, would be allowable as a deduction under section 162(a) of 26 I. See Utah Code 13-22-2
  • Fiduciary: A trustee, executor, or administrator.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • 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 Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Nonconforming use: means a use of land that:
         (45)(a) legally existed before its current land use designation;
         (45)(b) has been maintained continuously since the time the land use ordinance governing the land changed; and
         (45)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 10-9a-103
  • Nonprofit corporation: means the same as that term is defined in Section 16-6a-102. See Utah Code 13-22-2
  • organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
              (2)(a)(i) who is or holds itself out to be:
                   (2)(a)(i)(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
                   (2)(a)(i)(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
                   (2)(a)(i)(C) established for any charitable purpose;
              (2)(a)(ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
              (2)(a)(iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Political organization: means an incorporated or unincorporated party, committee, association, fund, or other organization organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures for an exempt function. See Utah Code 13-22-2
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Professional fund raiser: means a person who:
              (16)(a)(i) for compensation or any other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or any other person that is not a political organization:
                   (16)(a)(i)(A) solicits contributions; or
                   (16)(a)(i)(B) promotes or sponsors the solicitation of contributions;
              (16)(a)(ii)
                   (16)(a)(ii)(A) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organizationthat is a nonprofit corporation, or any other person that is not a political organization; and
                   (16)(a)(ii)(B) at any time has custody of a contribution for the charitable organization;
              (16)(a)(iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation;
              (16)(a)(iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
              (16)(a)(v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
  • Professional fund raising consultant: means a person who:
              (17)(a)(i) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization;
              (17)(a)(ii) does not solicit contributions;
              (17)(a)(iii) does not at any time have custody of a contribution from solicitation; and
              (17)(a)(iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public grant: means the same as the term "grant" is defined in Section 63G-6a-103. See Utah Code 13-22-2
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Service of process: The service of writs or summonses to the appropriate party.
  • solicitation: includes :
              (5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:
                   (5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
                   (5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
                   (5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or
              (5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Subdivision: includes :
              (68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
              (68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • Subpoena: A command to a witness to appear and give testimony.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vending device: includes machines, boxes, jars, wishing wells, barrels, or any other container. See Utah Code 13-22-2
  • Vending device decal: means any decal, tag, or similar designation material that is attached to a vending device, whether or not used or placed by a charitable organization or professional fund raiser, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization. See Utah Code 13-22-2
  • Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality that existed or was conducted or otherwise engaged in before:
         (4)(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
         (4)(b) January 1, 2019. See Utah Code 10-9a-901
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5