Utah Code > Title 11 > Chapter 46 – Animal Welfare Act

		Sections
Part 1	General Provisions	11-46-101 – 11-46-104
Part 2	Animal Shelter Pet Sterilization Act	11-46-201 – 11-46-208
Part 3	Community Cat Act	11-46-301 – 11-46-304
Part 4	Euthanasia of Shelter Animals	11-46-401 – 11-46-402

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Terms Used In Utah Code > Title 11 > Chapter 46 - Animal Welfare Act

Accident and health insurance: means insurance to provide protection against economic losses resulting from:
          (1)(a)(i) a medical condition including:
               (1)(a)(i)(A) a medical care expense; or
               (1)(a)(i)(B) the risk of disability;
          (1)(a)(ii) accident; or
          (1)(a)(iii) sickness. See Utah Code 31A-1-301
Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
adjusting: means directing or conducting the investigation, negotiation, or settlement of a claim under an insurance policy, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-26-102
Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Admitted assets: is a s defined by and is measured in accordance with the National Association of Insurance Commissioner's Statements of Statutory Accounting Principles, as incorporated in this state by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the purposes of Subsection 31A-4-113(1)(b)(ii). See Utah Code 31A-27a-102
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.
Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-102
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 a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
alien insurer: means an insurer incorporated or organized under the laws of a jurisdiction that is not a state. See Utah Code 31A-27a-102
Allegation: something that someone says happened.
Animal: means a cat or dog. See Utah Code 11-46-102
Animal control officer: means any person employed or appointed by a county or a municipality who is authorized to investigate violations of laws and ordinances concerning animals, to issue citations in accordance with Utah law, and to take custody of animals as appropriate in the enforcement of laws and ordinances concerning animals. See Utah Code 11-46-102
Animal shelter: includes a private humane society or private animal welfare organization. See Utah Code 11-46-102
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Application: means a document:
     (10)(a)
          (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
          (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
               (10)(a)(ii)(A) insure the risk under:
                    (10)(a)(ii)(A)(I) the coverage as originally offered; or
                    (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
               (10)(a)(ii)(B) decline to insure the risk; or
     (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
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
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.
articles of incorporation: means :
     (11)(a) the original articles;
     (11)(b) a special law;
     (11)(c) a charter;
     (11)(d) an amendment;
     (11)(e) restated articles;
     (11)(f) articles of merger or consolidation;
     (11)(g) a trust instrument;
     (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
     (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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.
authorized insurer: means an insurer:
(191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
(191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
Authorized officer: means any individual required or permitted by any law or by the issuing public entity to execute on behalf of the public entity, a certificated registered public obligation or a writing relating to an uncertificated registered public obligation. See Utah Code 15-7-2
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Behavioral health transition facility: means a nonsecure correctional facility operated by the department for the purpose of providing a therapeutic environment for offenders receiving mental health services. See Utah Code 64-13-1
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}
Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
Business entity: means :
     (17)(a) a corporation;
     (17)(b) an association;
     (17)(c) a partnership;
     (17)(d) a limited liability company;
     (17)(e) a limited liability partnership; or
     (17)(f) another legal entity. See Utah Code 31A-1-301
business of insurance: includes :
     (98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;
     (98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:
          (98)(b)(i) by a single employer or by multiple employer groups; or
          (98)(b)(ii) through one or more trusts, associations, or other entities;
     (98)(c) providing an annuity:
          (98)(c)(i) including an annuity issued in return for a gift; and
          (98)(c)(ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
     (98)(d) providing the characteristic services of a motor club;
     (98)(e) providing another person with insurance;
     (98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
     (98)(g) transacting or proposing to transact any phase of title insurance, including:
          (98)(g)(i) solicitation;
          (98)(g)(ii) negotiation preliminary to execution;
          (98)(g)(iii) execution of a contract of title insurance;
          (98)(g)(iv) insuring; and
          (98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
     (98)(h) transacting or proposing a life settlement; and
     (98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
business of insurance: includes any of the following acts, whether effected by mail, electronic means, or otherwise:
     (11)(a) issuing or delivering a contract, certificate, or binder relating to insurance or annuities:
          (11)(a)(i) to a person who is resident in this state; or
          (11)(a)(ii) covering a risk located in this state;
     (11)(b) soliciting an application for the contract, certificate, or binder described in Subsection (11)(a);
     (11)(c) negotiating preliminary to the execution of the contract, certificate, or binder described in Subsection (11)(a);
     (11)(d) collecting premiums, membership fees, assessments, or other consideration for the contract, certificate, or binder described in Subsection (11)(a);
     (11)(e) transacting matters:
          (11)(e)(i) subsequent to execution of the contract, certificate, or binder described in Subsection (11)(a); and
          (11)(e)(ii) arising out of the contract, certificate, or binder described in Subsection (11)(a);
     (11)(f) operating as an insurer under a license or certificate of authority issued by the department; or
     (11)(g) engaging in an act identified in Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups. See Utah Code 31A-27a-102
Case action plan: means a document developed by the Department of Corrections that identifies:
(2)(a) the program priorities for the treatment of the offender, including the criminal risk factors as determined by risk, needs, and responsivity assessments conducted by the department; and
(2)(b) clearly defined completion requirements. See Utah Code 64-13-1
Casualty insurance: means liability insurance. See Utah Code 31A-1-301
Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or
(23)(b) a third party. See Utah Code 31A-1-301
Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See Utah Code 15-7-2
Chambers: A judge's office.
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.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Code: means the Internal Revenue Code of 1954. See Utah Code 15-7-2
Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
Commodity contract: means :
(7)(a) a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of:
(7)(a)(i) a board of trade or contract market under the Commodity Exchange Act, Utah Code 31A-27a-102
Community cat: means a feral or free-roaming cat that is without visibly discernable or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped. See Utah Code 11-46-302
Community cat caretaker: means any person other than an owner who provides food, water, or shelter to a community cat or community cat colony. See Utah Code 11-46-302
Community cat colony: means a group of cats that congregate together. See Utah Code 11-46-302
Community cat program: means a program pursuant to which feral cats are sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they congregate. See Utah Code 11-46-302
Community correctional center: means a nonsecure correctional facility operated by the department, but does not include a behavioral health transition facility for the purposes of Section 64-13f-103. See Utah Code 64-13-1
Company adjuster: means a person employed by an insurer who negotiates or settles claims on behalf of the insurer or an affiliated insurer. See Utah Code 31A-26-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
consultant: means a person who:
     (99)(a) advises another person about insurance needs and coverages;
     (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
     (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
Consumer: means a natural person who rents personal property under a rental purchase agreement to be used primarily for personal, family, or household purposes. See Utah Code 15-8-3
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contractor: means a private entity seeking to contract with or currently contracting with the department to establish or operate a private correctional facility. See Utah Code 64-13d-102
Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
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.
Corporation: means an insurance corporation, except when referring to:
          (34)(a)(i) a corporation doing business:
               (34)(a)(i)(A) as:
                    (34)(a)(i)(A)(I) an insurance producer;
                    (34)(a)(i)(A)(II) a surplus lines producer;
                    (34)(a)(i)(A)(III) a limited line producer;
                    (34)(a)(i)(A)(IV) a consultant;
                    (34)(a)(i)(A)(V) a managing general agent;
                    (34)(a)(i)(A)(VI) a reinsurance intermediary;
                    (34)(a)(i)(A)(VII) a third party administrator; or
                    (34)(a)(i)(A)(VIII) an adjuster; and
               (34)(a)(i)(B) under:
                    (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
                    (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or
                    (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
          (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:
(4)(a) by the department; or
(4)(b) under a contract with the department. See Utah Code 64-13-1
Correctional services: means those services necessary for the operation of a correctional facility, including the provision of food, clothing, security, programs, and health care. See Utah Code 64-13d-102
Counterclaim: A claim that a defendant makes against a plaintiff.
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 Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
Creditor: means a person, including an insured, having a claim, whether:
     (39)(a) matured;
     (39)(b) unmatured;
     (39)(c) liquidated;
     (39)(d) unliquidated;
     (39)(e) secured;
     (39)(f) unsecured;
     (39)(g) absolute;
     (39)(h) fixed; or
     (39)(i) contingent. See Utah Code 31A-1-301
creditor: means a person having a claim against an insurer whether the claim is:
     (5)(a) matured or not matured;
     (5)(b) liquidated or unliquidated;
     (5)(c) secured or unsecured;
     (5)(d) absolute; or
     (5)(e) fixed or contingent. See Utah Code 31A-27a-102
Criminal risk factors: means an individual's characteristics and behaviors that:
(5)(a) affect the individual's risk of engaging in criminal behavior; and
(5)(b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in a reduced risk of criminal behavior. See Utah Code 64-13-1
Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Delinquency proceeding: means a:
(9)(a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and
(9)(b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102
Department: means the Department of Corrections. See Utah Code 64-9b-2
Department: means the Department of Corrections. See Utah Code 64-13-1
Department: means the Insurance Department. See Utah Code 31A-1-301
Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102
Dependent: A person dependent for support upon another.
Designated home state: means the state or territory of the United States or the District of Columbia:
     (2)(a) in which an insurance adjuster does not maintain the adjuster's principal:
          (2)(a)(i) place of residence; or
          (2)(a)(ii) place of business;
     (2)(b) if the resident state, territory, or District of Columbia of the adjuster does not license adjusters for the line of authority sought, the adjuster has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:
          (2)(b)(i) examination requirement;
          (2)(b)(ii) fingerprint background check requirement; and
          (2)(b)(iii) continuing education requirement; and
     (2)(c) that the adjuster has designated as the insurance adjuster's designated home state. See Utah Code 31A-26-102
Direct supervision: means a housing and supervision system that is designed to meet the goals described in Subsection 64-13-14(5) and has the elements described in Subsection 64-13-14(6). See Utah Code 64-13-1
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
     (51)(a) perform the duties of:
          (51)(a)(i) that individual's occupation; or
          (51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
     (51)(b) perform two or more of the following basic activities of daily living:
          (51)(b)(i) eating;
          (51)(b)(ii) toileting;
          (51)(b)(iii) transferring;
          (51)(b)(iv) bathing; or
          (51)(b)(v) dressing. See Utah Code 31A-1-301
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
division: means the Division of Correctional Industries. See Utah Code 64-13a-3
domiciliary state: means the state in which an insurer is incorporated or organized, except that "domiciliary state" means:
(12)(a) in the case of an alien insurer, its state of entry; or
(12)(b) in the case of a risk retention group, the state in which the risk retention group is chartered as contemplated in the Liability Risk Retention Act, Utah Code 31A-27a-102
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Emergency: means any riot, disturbance, homicide, inmate violence occurring in any correctional facility, or any situation that presents immediate danger to the safety, security, and control of the department. See Utah Code 64-13-1
Employee: means :
(57)(a) an individual employed by an employer; or
(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
Enrollee: includes an insured. See Utah Code 31A-1-301
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
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.
Escrow: means :
          (64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:
               (64)(a)(i)(A) the explanation, holding, or creation of a document; or
               (64)(a)(i)(B) the receipt, deposit, and disbursement of money; or
          (64)(a)(ii) a settlement or closing involving:
               (64)(a)(ii)(A) a mobile home;
               (64)(a)(ii)(B) a grazing right;
               (64)(a)(ii)(C) a water right; or
               (64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
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.
Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 64-13-1
Evidence-informed: means a program or practice that is based on research and the experience and expertise of the department. See Utah Code 64-13-1
Executive director: means the executive director of the Department of Corrections. See Utah Code 64-13-1
Facility: means a private correctional facility established or operated under a contract with the department. See Utah Code 64-13d-102
Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See Utah Code 15-7-2
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
Fiduciary: A trustee, executor, or administrator.
Filed: means that a filing is:
          (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
          (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
          (69)(a)(iii) accompanied by the appropriate fee in accordance with:
               (69)(a)(iii)(A) Section 31A-3-103; or
               (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
Filing: when used as a noun, means an item required to be filed with the department including:
     (70)(a) a policy;
     (70)(b) a rate;
     (70)(c) a form;
     (70)(d) a document;
     (70)(e) a plan;
     (70)(f) a manual;
     (70)(g) an application;
     (70)(h) a report;
     (70)(i) a certificate;
     (70)(j) an endorsement;
     (70)(k) an actuarial certification;
     (70)(l) a licensee annual statement;
     (70)(m) a licensee renewal application;
     (70)(n) an advertisement;
     (70)(o) a binder; or
     (70)(p) an outline of coverage. See Utah Code 31A-1-301
Financial intermediary: means a bank, broker, clearing corporation or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers. See Utah Code 15-7-2
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.
Forbearance: A means of handling a delinquent loan. A
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}
foreign insurer: means an insurer domiciled in another state. See Utah Code 31A-27a-102
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}
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Formal delinquency proceeding: means a rehabilitation or liquidation proceeding. See Utah Code 31A-27a-102
Forward contract: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
Fraud: Intentional deception resulting in injury to another.
General assets: includes the property of the estate or its proceeds in excess of the amount necessary to discharge a claim described in Subsection (18)(a). See Utah Code 31A-27a-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good faith: means honesty in fact and intention, and in regard to Part 5, Asset Recovery, also requires the absence of:
(19)(a) information that would lead a reasonable person in the same position to know that the insurer is financially impaired or insolvent; and
(19)(b) knowledge regarding the imminence or pendency of a delinquency proceeding against the insurer. See Utah Code 31A-27a-102
Group insurance policy: means a policy covering a group of persons that is issued:
          (79)(a)(i) to a policyholder on behalf of the group; and
          (79)(a)(ii) for the benefit of a member of the group who is selected under a procedure defined in:
               (79)(a)(ii)(A) the policy; or
               (79)(a)(ii)(B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
Guaranty association: means :
(20)(a) a mechanism mandated by Chapter 28, Guaranty Associations; or
(20)(b) a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-102
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.
Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
     (83)(a) a professional service;
     (83)(b) a personal service;
     (83)(c) a facility;
     (83)(d) equipment;
     (83)(e) a device;
     (83)(f) supplies; or
     (83)(g) medicine. See Utah Code 31A-1-301
Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or
(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
Home state: means :
     (3)(a) a state or territory of the United States or the District of Columbia in which an insurance adjuster:
          (3)(a)(i) maintains the adjuster's principal:
               (3)(a)(i)(A) place of residence; or
               (3)(a)(i)(B) place of business; and
          (3)(a)(ii) is licensed to act as a resident adjuster; or
     (3)(b) if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license adjusters for the line of authority sought, a state, territory, or the District of Columbia:
          (3)(b)(i) in which the adjuster is licensed;
          (3)(b)(ii) in which the adjuster is in good standing; and
          (3)(b)(iii) that the adjuster has designated as the adjuster's designated home state. See Utah Code 31A-26-102
Impaired: means that an insurer:
     (21)(a) does not have admitted assets at least equal to the sum of:
          (21)(a)(i) all its liabilities; and
          (21)(a)(ii) the minimum surplus required to be maintained by Section 31A-5-211 or 31A-8-209; or
     (21)(b) has a total adjusted capital that is less than its authorized control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102
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}
Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
Independent adjuster: means an insurance adjuster required to be licensed under Section 31A-26-201, who engages in insurance adjusting as a representative of one or more insurers. See Utah Code 31A-26-102
Individual: means a natural person. See Utah Code 31A-1-301
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inmate: means any man or woman who is under the jurisdiction of the department and who is assigned to the Utah state prison or to a county jail. See Utah Code 64-9b-2
Inmate: means an individual who is:
(12)(a) committed to the custody of the department; and
(12)(b) housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1
insolvent: means that:
     (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
     (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
     (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
insolvent: means that an insurer:
     (22)(a) is unable to pay its obligations when they are due;
     (22)(b) does not have admitted assets at least equal to all of its liabilities; or
     (22)(c) has a total adjusted capital that is less than its mandatory control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301
insurance company: means a person doing an insurance business as a principal including:
          (104)(a)(i) a fraternal benefit society;
          (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
          (104)(a)(iii) a motor club;
          (104)(a)(iv) an employee welfare plan;
          (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
          (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
          (103)(a)(i) a policyholder;
          (103)(a)(ii) a subscriber;
          (103)(a)(iii) a member; and
          (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
insurer: means a person who:
     (23)(a) is doing, has done, purports to do, or is licensed to do the business of insurance;
     (23)(b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or
     (23)(c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102
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}
Interinsurance exchange: means the same as that term is defined in Subsection (168). See Utah Code 31A-1-301
Issuer: means a public entity which issues an obligation. See Utah Code 15-7-2
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.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Lessor: means a person who regularly provides the use of property through rental purchase agreements and to whom rental payments are initially payable on the face of a rental purchase agreement. See Utah Code 15-8-3
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Liabilities: is a s defined by and is measured in accordance with the National Association of Insurance Commissioner's Statements of Statutory Accounting Principles, as incorporated in this state by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the purposes of Subsection 31A-4-113(1)(b)(ii). See Utah Code 31A-27a-102
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Lien: A claim against real or personal property in satisfaction of a debt.
Life insurance: means :
(114)(a)(i) insurance on a human life; and
(114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
Man: means an adult human male. See Utah Code 68-3-12.5
Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
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 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
Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
Netting agreement: includes :
(25)(c)(i) a term or condition incorporated by reference in the contract or agreement described in Subsection (25)(a); or
(25)(c)(ii) a master agreement described in Subsection (25)(a). See Utah Code 31A-27a-102
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.
Obligation: means an agreement by a public entity to pay principal and any interest on the obligation, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See Utah Code 15-7-2
Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
     (13)(a) committed to the custody of the department;
     (13)(b) on probation; or
     (13)(c) on parole. See Utah Code 64-13-1
Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a registered public obligation. See Utah Code 15-7-2
official body: means the person or group of persons that is empowered to provide for the original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions, and other incidents, or to perform duties with respect to a registered public obligation and any successor of such person or group of persons. See Utah Code 15-7-2
Order: means an order of the commissioner. See Utah Code 31A-1-301
Organization: includes a sole proprietorship by which a natural person does business under an assumed name. See Utah Code 31A-26-102
Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
Party in interest: means :
     (27)(a) the commissioner;
     (27)(b) a nondomiciliary commissioner in whose state the insurer has outstanding claims liabilities;
     (27)(c) an affected guaranty association; and
     (27)(d) the following parties if the party files a request with the receivership court for inclusion as a party in interest and to be on the service list:
          (27)(d)(i) an insurer that ceded to or assumed business from the insurer;
          (27)(d)(ii) a policyholder;
          (27)(d)(iii) a third party claimant;
          (27)(d)(iv) a creditor;
          (27)(d)(v) a 10% or greater equity security holder in the insolvent insurer; and
          (27)(d)(vi) a person, including an indenture trustee, with a financial or regulatory interest in the delinquency proceeding. See Utah Code 31A-27a-102
Person: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Person: means an individual, an entity, or a representative of an entity. See Utah Code 11-46-102
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
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.
Policy: includes a service contract issued by:
          (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
          (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
          (150)(b)(iii) a corporation licensed under:
               (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
               (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
Policy: includes all clauses, riders, endorsements, and papers that are a part of a policy. See Utah Code 31A-27a-102
Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
Portable electronics insurance: means the same as that term is defined in Section 31A-22-1802. See Utah Code 31A-26-102
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Premium: includes , however designated:
          (156)(b)(i) an assessment;
          (156)(b)(ii) a membership fee;
          (156)(b)(iii) a required contribution; or
          (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
Proof of sterilization: means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, stating:
     (1)(a) a specified animal has been sterilized;
     (1)(b) the date on which the sterilization was performed; and
     (1)(c) the location where the sterilization was performed. See Utah Code 11-46-202
Property: includes both real and personal property. See Utah Code 68-3-12.5
property of the estate: includes :
     (30)(a) a right, title, or interest of the insurer in property:
          (30)(a)(i) whether:
               (30)(a)(i)(A) legal or equitable;
               (30)(a)(i)(B) tangible or intangible; or
               (30)(a)(i)(C) choate or inchoate; and
          (30)(a)(ii) including choses in action, contract rights, and any other interest recognized under the laws of this state;
     (30)(b) entitlements that exist before the entry of an order of rehabilitation or liquidation;
     (30)(c) entitlements that may arise by operation of this chapter or other provisions of law allowing the receiver to avoid prior transfers or assert other rights; and
     (30)(d)
          (30)(d)(i) records or data that is otherwise the property of the insurer; and
          (30)(d)(ii) records or data similar to those described in Subsection (30)(d)(i) that are within the possession, custody, or control of a managing general agent, a third party administrator, a management company, a data processing company, an accountant, an attorney, an affiliate, or other person. See Utah Code 31A-27a-102
Public adjuster: means a person required to be licensed under Section 31A-26-201, who engages in insurance adjusting as a representative of insureds and claimants under insurance policies. See Utah Code 31A-26-102
public entity: includes , without limitation, this state, an entity deriving powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a municipal corporation, a quasi-municipal corporation, a state university or college, a school district, a special service district, a special district, a separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, a community reinvestment agency, any other political subdivision, a public authority or public agency, a public trust, a nonprofit corporation, or other organizations. See Utah Code 15-7-2
qualified financial contract: means any of the following:
     (31)(a) a commodity contract;
     (31)(b) a forward contract;
     (31)(c) a repurchase agreement;
     (31)(d) a securities contract;
     (31)(e) a swap agreement; or
     (31)(f) a similar agreement that the commissioner determines by rule or order to be a qualified financial contract for purposes of this chapter. See Utah Code 31A-27a-102
Quorum: The number of legislators that must be present to do business.
Rate: means :
          (163)(a)(i) the cost of a given unit of insurance; or
          (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
               (163)(a)(ii)(A) a single number; or
               (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                    (163)(a)(ii)(B)(I) expenses;
                    (163)(a)(ii)(B)(II) profit; and
                    (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 64-13-1
Recipient: means the person to whom an animal shelter transfers an animal for adoption. See Utah Code 11-46-202
Record: when used as a noun, means information or data, in whatever form maintained, including:
     (36)(a) a book;
     (36)(b) a document;
     (36)(c) a paper;
     (36)(d) a file;
     (36)(e) an application file;
     (36)(f) a policyholder list;
     (36)(g) policy information;
     (36)(h) a claim or claim file;
     (36)(i) an account;
     (36)(j) a voucher;
     (36)(k) a litigation file;
     (36)(l) a premium record;
     (36)(m) a rate book;
     (36)(n) an underwriting manual;
     (36)(o) a personnel record;
     (36)(p) a financial record; or
     (36)(q) other material. See Utah Code 31A-27a-102
record: is a s defined in Section 31A-27a-102. See Utah Code 31A-27-502
Registered public obligation: means an obligation issued by a public entity which is issued pursuant to a system of registration. See Utah Code 15-7-2
Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
Reinsurance: means a transaction or contract under which an assuming insurer agrees to indemnify a ceding insurer against all, or a part, of a loss that the ceding insurer may sustain under the one or more policies that the ceding insurer issues or will issue. See Utah Code 31A-27a-102
Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Rental purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less that is automatically renewable with each payment after the initial period, but which does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Utah Code 15-8-3
Repurchase agreement: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
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.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 64-13-1
Risk and needs assessment: means an actuarial tool validated on criminal offenders that determines:
(16)(a) an individual's risk of reoffending; and
(16)(b) the criminal risk factors that, when addressed, reduce the individual's risk of reoffending. See Utah Code 64-13-1
Secure correctional facility: means any prison, penitentiary, or other institution operated by the department or under contract for the confinement of offenders, where force may be used to restrain an offender if the offender attempts to leave the institution without authorization. See Utah Code 64-13-1
Secured claim: means , subject to Subsection (39)(b):
(39)(a)(i) a claim secured by an asset that is not a general asset; or
(39)(a)(ii) the right to set off as provided in Section 31A-27a-510. See Utah Code 31A-27a-102
Securities contract: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
Security: means a:
          (176)(a)(i) note;
          (176)(a)(ii) stock;
          (176)(a)(iii) bond;
          (176)(a)(iv) debenture;
          (176)(a)(v) evidence of indebtedness;
          (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
          (176)(a)(vii) collateral-trust certificate;
          (176)(a)(viii) preorganization certificate or subscription;
          (176)(a)(ix) transferable share;
          (176)(a)(x) investment contract;
          (176)(a)(xi) voting trust certificate;
          (176)(a)(xii) certificate of deposit for a security;
          (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
          (176)(a)(xiv) commodity contract or commodity option;
          (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
          (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
Serious illness: means , as determined by the inmate's physician, an illness that substantially impairs the inmate's quality of life. See Utah Code 64-13-1
Serious injury: means , as determined by the inmate's physician, bodily injury that involves a substantial risk of death, prolonged unconsciousness, prolonged and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 64-13-1
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special deposit: means a deposit established pursuant to statute for the security or benefit of a limited class or classes of persons. See Utah Code 31A-27a-102
Sponsor: means any person or organization that traps feral cats, sterilizes, vaccinates against rabies, and ear-tips them before returning them to the location where they were trapped. See Utah Code 11-46-302
State: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
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
State-issued driver license: means a driver license issued in accordance with Title 53, Chapter 3, Part 2, Driver Licensing Act, or an equivalent issued by another state. See Utah Code 64-13-1
State-issued identification card: means an identification card issued in accordance with Title 53, Chapter 3, Part 8, Identification Card Act, or an equivalent issued by another state. See Utah Code 64-13-1
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Sterilization deposit: means the portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter. See Utah Code 11-46-202
Sterilized: means that an animal has been surgically altered either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce. See Utah Code 11-46-202
Subsidiary: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
Summons: Another word for subpoena used by the criminal justice system.
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
Swap agreement: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
(189)(a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
(189)(b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer: includes the sale and every other and different mode of disposing of or parting with property or with an interest in property, whether:
          (46)(a)(i) directly or indirectly;
          (46)(a)(ii) absolutely or conditionally;
          (46)(a)(iii) voluntarily or involuntarily; or
          (46)(a)(iv) by or without judicial proceedings. See Utah Code 31A-27a-102
Transfer: means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient. See Utah Code 11-46-202
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
unauthorized insurer: means an insurer transacting the business of insurance in this state that has not received a certificate of authority from this state, or some other type of authority that allows for the transaction of the business of insurance in this state. See Utah Code 31A-27a-102
Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See Utah Code 15-7-2
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
Woman: means an adult human female. See Utah Code 68-3-12.5
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