Utah Code > Title 13 > Chapter 11 – Utah Consumer Sales Practices Act


§ 13-11-1	Citation of act
§ 13-11-2	Construction and purposes of act
§ 13-11-3	Definitions
§ 13-11-4	Deceptive act or practice by supplier
§ 13-11-4.1	Targeted solicitations involving financial information — Restrictions
§ 13-11-5	Unconscionable act or practice by supplier
§ 13-11-6	Service of process
§ 13-11-7	Duties of enforcing authority — Confidentiality of identity of persons investigated — Civil penalty for violation of restraining or injunctive orders
§ 13-11-8	Powers of enforcing authority
§ 13-11-9	Rule-making requirements
§ 13-11-16	Investigatory powers of enforcing authority
§ 13-11-17	Actions by enforcing authority
§ 13-11-17.5	Costs and attorney’s fees
§ 13-11-18	Noncompliance by supplier subject to other state supervision — Cooperation of enforcing authority and other official or agency
§ 13-11-19	Actions by consumer
§ 13-11-20	Class actions
§ 13-11-21	Settlement of class action — Complaint in class action delivered to enforcing authority
§ 13-11-21.1	Retrospective Operation
§ 13-11-22	Exemptions from application of act
§ 13-11-23	Other remedies available — Class action only as prescribed by act

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Terms Used In Utah Code > Title 13 > Chapter 11 - Utah Consumer Sales Practices Act

Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 10-9a-103
Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. See Utah Code 35A-16-401
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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 county: means a county of the first, second, third, or fourth class in which a code blue event is anticipated. See Utah Code 35A-16-701
Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
     (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
     (3)(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
     (3)(c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
Affected owner: means the owner of real property that is:
     (4)(a) a single project;
     (4)(b) the subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601(6); and
     (4)(c) determined to be legally referable under Section Utah Code 10-9a-103
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.
Agency rule: means the same as the term "rule" is defined in Section 63G-3-101. See Utah Code 36-35-101
Aggregate daily expenditures: means :
     (1)(a) for a single lobbyist, principal, or government officer, the total of all expenditures made within a calendar day by the lobbyist, principal, or government officer for the benefit of an individual public official;
     (1)(b) for an expenditure made by a member of a lobbyist group, the total of all expenditures made within a calendar day by every member of the lobbyist group for the benefit of an individual public official; or
     (1)(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient lobbyist within a calendar day for the benefit of an individual public official, regardless of whether the expenditures were attributed to different clients. See Utah Code 36-11-102
Allegation: something that someone says happened.
Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Anticipated improvement: means an improvement:
(2)(a) for which preconstruction service is performed; and
(2)(b) that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102
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.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102
Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501
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
Approved activity: means an event, a tour, or a meeting:
     (2)(a)
          (2)(a)(i) to which a legislator or another nonexecutive branch public official is invited; and
          (2)(a)(ii) attendance at which is approved by:
               (2)(a)(ii)(A) the speaker of the House of Representatives, if the public official is a member of the House of Representatives or another nonexecutive branch public official; or
               (2)(a)(ii)(B) the president of the Senate, if the public official is a member of the Senate or another nonexecutive branch public official; or
     (2)(b)
          (2)(b)(i) to which a public official who holds a position in the executive branch of state government is invited; and
          (2)(b)(ii) attendance at which is approved by the governor or the lieutenant governor. See Utah Code 36-11-102
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authorized provider: means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with Part 5, Winter Response Plan Requirements. See Utah Code 35A-16-401
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.
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.
Blind: means an individual:
(1)(a) whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or
(1)(b) whose visual acuity is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees. See Utah Code 35A-13-102
Board: means the Utah Homeless Services Board created in Section 35A-16-204. See Utah Code 35A-16-102
Board of education: means :
     (3)(a) a local school board described in Title 53G, Chapter 4, School Districts;
     (3)(b) the State Board of Education;
     (3)(c) the State Charter School Board created under Section 53G-5-201; or
     (3)(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 36-11-102
Bona fide loan: means a loan to an owner or owner-builder by a lender in which the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting shares or other ownership interest. See Utah Code 38-1a-102
Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501
Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit. See Utah Code 35A-16-701
Capitol hill complex: means capitol hill, as defined in Section 63O-1-101. See Utah Code 36-11-102
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Certified interpreter: means an individual who is certified as meeting the certification requirements of this part. See Utah Code 35A-13-602
Charitable solicitation: means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. See Utah Code 13-11-3
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.
Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-102
Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-501
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
Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1
Client: means an individual who is experiencing homelessness or an individual at risk of becoming homeless. See Utah Code 35A-16-102
Code blue alert: means a proclamation issued by the Department of Health and Human Services under Section 35A-16-702 to alert the public of a code blue event. See Utah Code 35A-16-701
Code blue event: means a weather event in which the National Weather Service predicts temperatures of 18 degrees Fahrenheit or less, including wind chill, or any other extreme weather conditions established in rules made by the Department of Health and Human Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or fourth class for two hours or longer within the next 24 to 48 hours. See Utah Code 35A-16-701
Collaborative applicant: means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development. See Utah Code 35A-16-102
Commencement of prosecution: means the filing of an information or an indictment. See Utah Code 77-2-2
Committee: means the Rules Review and General Oversight Committee. See Utah Code 36-35-101
Community location: means the same as that term is defined in Section Utah Code 35A-16-501
Compensation: includes :
          (5)(b)(i) a salary or commission;
          (5)(b)(ii) a bonus;
          (5)(b)(iii) a benefit;
          (5)(b)(iv) a contribution to a retirement program or account;
          (5)(b)(v) a payment includable in gross income, as defined in Section 62, Internal Revenue Code, and subject to social security deductions, including a payment in excess of the maximum amount subject to deduction under social security law;
          (5)(b)(vi) an amount that the individual authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; or
          (5)(b)(vii) income based on an individual's ownership interest. See Utah Code 36-11-102
Compensation: means the payment of money for a service rendered or an expense incurred, whether based on:
(6)(a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or
(6)(b) a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102
Compensation payor: means a person who pays compensation to a public official in the ordinary course of business:
(6)(a) because of the public official's ownership interest in the compensation payor; or
(6)(b) for services rendered by the public official on behalf of the compensation payor. See Utah Code 36-11-102
Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. See Utah Code 77-15-2
Competent to stand trial: means that a defendant has:
(2)(a) a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
(2)(b) the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 10-9a-103
Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501
Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102
Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
Consumer transaction: includes :
          (2)(b)(i) any of the following with respect to a transfer or disposition described in Subsection (2)(a):
               (2)(b)(i)(A) an offer;
               (2)(b)(i)(B) a solicitation;
               (2)(b)(i)(C) an agreement; or
               (2)(b)(i)(D) performance of an agreement; or
          (2)(b)(ii) a charitable solicitation. See Utah Code 13-11-3
Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102
Contiguous: means :
(2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Continuance: Putting off of a hearing ot trial until a later time.
Continuum of care: means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102
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.
Council of governments: means the same as that term is defined in Section Utah Code 35A-16-501
Counterclaim: A claim that a defendant makes against a plaintiff.
County executive: means :
     (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Court Rule: means any of the following, whether existing, new, or proposed:
     (3)(a) rules of procedure, evidence, or practice for use of the courts of this state;
     (3)(b) rules governing and managing the appellate process adopted by the Supreme Court; or
     (3)(c) rules adopted by the Judicial Council for the administration of the courts of the state. See Utah Code 36-35-101
Criminal conduct: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deaf: means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102
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.
Department: means the Department of Health and Human Services. See Utah Code 77-15-2
Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
Department: means the Department of Workforce Services. See Utah Code 35A-15-102
Dependent: A person dependent for support upon another.
Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
Devise: To gift property by will.
Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102
Disability: means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning. See Utah Code 35A-13-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Diversion: means suspending criminal proceedings before conviction on the condition that a defendant agree to:
     (2)(a) participate in a rehabilitation program;
     (2)(b) pay restitution to a victim; or
     (2)(c) fulfill some other condition. See Utah Code 77-2-2
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
Economically disadvantaged: means to be eligible to receive free or reduced price lunch. See Utah Code 35A-15-102
Education action: means :
     (7)(a) a resolution, policy, or other official action for consideration by a board of education;
     (7)(b) a nomination or appointment by an education official or a board of education;
     (7)(c) a vote on an administrative action taken by a vote of a board of education;
     (7)(d) an adjudicative proceeding over which an education official has direct or indirect control;
     (7)(e) a purchasing or contracting decision;
     (7)(f) drafting or making a policy, resolution, or rule;
     (7)(g) determining a rate or fee; or
     (7)(h) making an adjudicative decision. See Utah Code 36-11-102
Education official: means :
     (8)(a) a member of a board of education;
     (8)(b) an individual appointed to or employed in a position under a board of education, if that individual:
          (8)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;
          (8)(b)(ii) drafts resolutions or policies or drafts or makes rules;
          (8)(b)(iii) determines rates or fees;
          (8)(b)(iv) makes decisions relating to an education budget or the expenditure of public money; or
          (8)(b)(v) makes adjudicative decisions; or
     (8)(c) an immediate family member of an individual described in Subsection (8)(a) or (b). See Utah Code 36-11-102
Eligible municipality: means :
     (3)(a) a first-tier eligible municipality;
     (3)(b) a second-tier eligible municipality; or
     (3)(c) a third-tier eligible municipality. See Utah Code 35A-16-401
Eligible private provider: means a child care program that:
(4)(a)(i) is licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; or
(4)(a)(ii) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section 26B-2-405. See Utah Code 35A-15-102
Eligible services: means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-16-401
Eligible shelter: means :
     (5)(a) for a first-tier eligible municipality, a homeless shelter that:
          (5)(a)(i) has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office;
          (5)(a)(ii) operates year-round; and
          (5)(a)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation;
     (5)(b) for a second-tier municipality, a homeless shelter that:
          (5)(b)(i) has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office;
          (5)(b)(ii) operates year-round; and
          (5)(b)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation; and
     (5)(c) for a third-tier eligible municipality, a homeless shelter that:
          (5)(c)(i)
               (5)(c)(i)(A) has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and
               (5)(c)(i)(B) operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or
          (5)(c)(ii)
               (5)(c)(ii)(A) meets the definition of a homeless shelter under Section 35A-16-501; and
               (5)(c)(ii)(B) contains beds that are utilized as part of a county's winter response plan under Section 35A-16-502. See Utah Code 35A-16-401
Eligible student: means a student:
     (5)(a)
          (5)(a)(i) who is three, four, or five years old; and
          (5)(a)(ii) is not eligible for enrollment under Subsection 53G-4-402(8); and
     (5)(b)
          (5)(b)(i) who is economically disadvantaged;
          (5)(b)(ii) whose parent or legal guardian reports that the student has experienced at least one risk factor;
          (5)(b)(iii) is an English learner; or
          (5)(b)(iv) has ever been in foster care. See Utah Code 35A-15-102
Enforcing authority: means the Division of Consumer Protection. See Utah Code 13-11-3
Entry number: means the reference number that:
(16)(a) the designated agent assigns to each notice or other document filed with the registry; and
(16)(b) is unique for each notice or other document. See Utah Code 38-1a-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evaluation: means an evaluation conducted in accordance with Section 35A-15-303. See Utah Code 35A-15-102
Event: means entertainment, a performance, a contest, or a recreational activity that an individual participates in or is a spectator at, including a sporting event, an artistic event, a play, a movie, dancing, or singing. See Utah Code 36-11-102
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.
Ex officio: Literally, by virtue of one's office.
Executive action: means :
     (10)(a) a nomination or appointment by the governor;
     (10)(b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
     (10)(c) agency ratemaking proceedings; or
     (10)(d) an adjudicative proceeding of a state agency. See Utah Code 36-11-102
Executive committee: means the executive committee of the board. See Utah Code 35A-16-102
Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
Exit destination: means :
     (8)(a) a homeless situation;
     (8)(b) an institutional situation;
     (8)(c) a temporary housing situation;
     (8)(d) a permanent housing situation; or
     (8)(e) other. See Utah Code 35A-16-102
Expenditure: means any of the items listed in this Subsection (11)(a) when given to or for the benefit of a public official unless consideration of equal or greater value is received:
          (11)(a)(i) a purchase, payment, or distribution;
          (11)(a)(ii) a loan, gift, or advance;
          (11)(a)(iii) a deposit, subscription, or forbearance;
          (11)(a)(iv) services or goods;
          (11)(a)(v) money;
          (11)(a)(vi) real property;
          (11)(a)(vii) a ticket or admission to an event; or
          (11)(a)(viii) a contract, promise, or agreement, whether or not legally enforceable, to provide any item listed in Subsections (11)(a)(i) through (vii). See Utah Code 36-11-102
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
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
Final completion: means :
     (17)(a) the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required;
     (17)(b) the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required;
     (17)(c) unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or
     (17)(d) the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102
Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 13-11-3
Final lien waiver: means a form that complies with Subsection 38-1a-802(4)(c). See Utah Code 38-1a-102
First preliminary notice filing: means a preliminary notice that:
     (19)(a) is the earliest preliminary notice filed on a construction project for which the preliminary notice is filed;
     (19)(b) is filed on a construction project that, at the time the preliminary notice is filed, has not reached final completion; and
     (19)(c) is not canceled under Section 38-1a-307. See Utah Code 38-1a-102
First-tier eligible municipality: means a municipality that:
     (9)(a) is located within a county of the first or second class;
     (9)(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
     (9)(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
     (9)(d) is certified as a first-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-102
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.
Flood plain: means land that:
(16)(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
(16)(b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103
Food reimbursement rate: means the total amount set by the director of the Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an employee of the executive branch, for an entire day. See Utah Code 36-11-102
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 agent: means an individual who engages in lobbying under contract with a foreign government. See Utah Code 36-11-102
Foreign government: means a government other than the government of:
     (14)(a) the United States;
     (14)(b) a state within the United States;
     (14)(c) a territory or possession of the United States; or
     (14)(d) a political subdivision of the United States. See Utah Code 36-11-102
Forensic evaluator: means a licensed mental health professional who:
     (4)(a) is not involved in the defendant's treatment;
     (4)(b) is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:
          (4)(b)(i) intellectual functioning or psychopathology; and
          (4)(b)(ii) the legal system and the rights of a defendant in a criminal trial; and
     (4)(c) if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 77-15-2
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.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
Geologic hazard: means :
     (18)(a) a surface fault rupture;
     (18)(b) shallow groundwater;
     (18)(c) liquefaction;
     (18)(d) a landslide;
     (18)(e) a debris flow;
     (18)(f) unstable soil;
     (18)(g) a rock fall; or
     (18)(h) any other geologic condition that presents a risk:
          (18)(h)(i) to life;
          (18)(h)(ii) of substantial loss of real property; or
          (18)(h)(iii) of substantial damage to real property. See Utah Code 10-9a-103
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 collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
Government officer: means :
          (15)(a)(i) an individual elected to a position in state or local government, when acting in the capacity of the state or local government position;
          (15)(a)(ii) an individual elected to a board of education, when acting in the capacity of a member of a board of education;
          (15)(a)(iii) an individual appointed to fill a vacancy in a position described in Subsection (15)(a)(i) or (ii), when acting in the capacity of the position; or
          (15)(a)(iv) an individual appointed to or employed in a full-time position by state government, local government, or a board of education, when acting in the capacity of the individual's appointment or employment. See Utah Code 36-11-102
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grant program: means the COVID-19 Homeless Housing and Services Grant Program established in Section 35A-16-602. See Utah Code 35A-16-601
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
Hard of hearing: means an individual with a diagnosed auditory deficit ranging from mild to profound that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102
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 school readiness program: means a preschool program that:
(7)(a) is provided by an eligible LEA or eligible private provider; and
(7)(b) meets the elements of a high quality school readiness program described in Section 35A-15-202. See Utah Code 35A-15-102
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
HMIS: means an information technology system that:
(10)(a) is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and
(10)(b) meets the requirements of the United States Department of Housing and Urban Development. See Utah Code 35A-16-102
Homeless services budget: means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection 35A-16-203(1)(b). See Utah Code 35A-16-102
Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401
Homeless shelter: means a facility that:
     (9)(a) provides temporary shelter to individuals experiencing homelessness;
     (9)(b) operates year-round; and
     (9)(c) is not subject to restrictions that limit the hours, days, weeks, or months of operation. See Utah Code 35A-16-501
Homeless shelter: means a facility that provides temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-701
House block equivalency file: means the electronic file designated as HB2005_BEF. See Utah Code 36-1-201.1
House shapefile: means the electronic shapefile that:
(3)(a) is the resulting projection of the House block equivalency file; and
(3)(b) stores the boundary of each of the 75 Utah House of Representatives districts. See Utah Code 36-1-201.1
Immediate family: means :
     (16)(a) a spouse;
     (16)(b) a child residing in the household; or
     (16)(c) an individual claimed as a dependent for tax purposes. See Utah Code 36-11-102
Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Improvement: means :
(21)(a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
(21)(b) a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-102
Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:
(5)(a) mental illness; or
(5)(b) intellectual disability. See Utah Code 77-15-2
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
     (27)(a) is required for human occupation; and
     (27)(b) an applicant must install:
          (27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
          (27)(b)(ii) whether the improvement is public or private, as a condition of:
               (27)(b)(ii)(A) recording a subdivision plat;
               (27)(b)(ii)(B) obtaining a building permit; or
               (27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intellectual disability: means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 77-15-2
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
Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
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}
Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102
Interpreter services: means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language. See Utah Code 35A-13-602
Investor: means a person that enters into a results-based contract to provide funding to a high quality school readiness program on the condition that the person will receive payment in accordance with Section 35A-15-402 if the high quality school readiness program meets the performance outcome measures included in the results-based contract. See Utah Code 35A-15-102
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Judicial council: means the administrative body of the courts, established in Utah Constitution, Article VIII, Section 12, and Section 78A-2-104. See Utah Code 36-35-101
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.
Juror: A person who is on the jury.
Kindergarten transition plan: means a plan that supports the smooth transition of a preschool student to kindergarten and includes communication and alignment among the preschool, program, parents, and K-12 personnel. See Utah Code 35A-15-102
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
Land use authority: means :
(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(32)(a) a land use permit; or
(32)(b) a land use application. See Utah Code 10-9a-103
Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
LEA: means a school district or charter school. See Utah Code 35A-15-102
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}
Legislative action: means :
(17)(a) a bill, resolution, amendment, nomination, veto override, or other matter pending or proposed in either house of the Legislature or its committees or requested by a legislator; and
(17)(b) the action of the governor in approving or vetoing legislation. See Utah Code 36-11-102
Legislative body: means the municipal council. See Utah Code 10-9a-103
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102
Lobbyist: means :
(19)(a)(i) an individual who is employed by a principal; or
(19)(a)(ii) an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102
Lobbyist group: means two or more lobbyists, principals, government officers, or any combination of lobbyists, principals, and government officers, who each contribute a portion of an expenditure made to benefit a public official or member of the public official's immediate family. See Utah Code 36-11-102
Local action: means :
     (21)(a) an ordinance or resolution for consideration by a local government;
     (21)(b) a nomination or appointment by a local official or a local government;
     (21)(c) a vote on an administrative action taken by a vote of a local government's legislative body;
     (21)(d) an adjudicative proceeding over which a local official has direct or indirect control;
     (21)(e) a purchasing or contracting decision;
     (21)(f) drafting or making a policy, resolution, or rule;
     (21)(g) determining a rate or fee; or
     (21)(h) making an adjudicative decision. See Utah Code 36-11-102
Local government: means :
     (22)(a) a county, city, or town;
     (22)(b) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;
     (22)(c) a special service district governed by Title 17D, Chapter 1, Special Service District Act;
     (22)(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
     (22)(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
     (22)(f) a redevelopment agency; or
     (22)(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102
Local historic district or area: means a geographically definable area that:
(36)(a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
(36)(b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
Local official: means :
     (23)(a) an elected member of a local government;
     (23)(b) an individual appointed to or employed in a position in a local government if that individual:
          (23)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;
          (23)(b)(ii) drafts ordinances or resolutions or drafts or makes rules;
          (23)(b)(iii) determines rates or fees; or
          (23)(b)(iv) makes adjudicative decisions; or
     (23)(c) an immediate family member of an individual described in Subsection (23)(a) or (b). See Utah Code 36-11-102
Lost or mislaid property: includes a firearm or other dangerous weapon received by a law enforcement agency at an airport under Subsection 76-10-529(6). See Utah Code 77-11d-101
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
Major transit investment corridor: means public transit service that uses or occupies:
     (39)(a) public transit rail right-of-way;
     (39)(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
     (39)(c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:
          (39)(c)(i) a public transit district as defined in Section 17B-2a-802; or
          (39)(c)(ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103
Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1
Meeting: means a gathering of people to discuss an issue, receive instruction, or make a decision, including a conference, seminar, or summit. See Utah Code 36-11-102
Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 77-15-2
Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
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.
Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
Multiclient lobbyist: means a single lobbyist, principal, or government officer who represents two or more clients and divides the aggregate daily expenditure made to benefit a public official or member of the public official's immediate family between two or more of those clients. See Utah Code 36-11-102
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
Municipality: means a city or town. See Utah Code 35A-16-401
Municipality: means a city or town. See Utah Code 35A-16-501
Municipality: means a city or town. See Utah Code 35A-16-701
Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-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.
Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 35A-13-102
Office: means the Office of Homeless Services. See Utah Code 35A-16-102
Official map: means a map drawn by municipal authorities and recorded in a county recorder's office that:
     (46)(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
     (46)(b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
     (46)(c) has been adopted as an element of the municipality's general plan. See Utah Code 10-9a-103
Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
Owner-builder: means an owner, including an owner who is also an original contractor, who:
(27)(a) contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and
(27)(b) obtains a building permit for the improvement. See Utah Code 38-1a-102
Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
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.
Performance outcome measure: means :
(11)(a) indicators, as determined by the department, on the school readiness assessment; or
(11)(b) for a results-based contract, the indicators included in the contract. See Utah Code 35A-15-102
Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. See Utah Code 13-11-3
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
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
Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2
Plaintiff: The person who files the complaint in a civil lawsuit.
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.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
Plea in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-2a-1
Plea in abeyance agreement: means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance. See Utah Code 77-2a-1
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Presiding officer: means the presiding officer of the Judicial Council. See Utah Code 77-10a-1
Principal: means a person that employs an individual to perform lobbying, either as an employee or as an independent contractor. See Utah Code 36-11-102
Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
Private project: means a construction project that is not a government project. See Utah Code 38-1a-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Progress toward competency evaluation: means an evaluation to determine whether an individual who is receiving restoration treatment is:
     (9)(a) competent to stand trial;
     (9)(b) incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
     (9)(c) incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future. See Utah Code 77-15-2
Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Proposal for court rule: means the proposed language in a court rule that is submitted to:
     (6)(a) the Judicial Council;
     (6)(b) the advisory committee; or
     (6)(c) the Supreme Court. See Utah Code 36-35-101
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public agency: means :
     (53)(a) the federal government;
     (53)(b) the state;
     (53)(c) a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
     (53)(d) a charter school. See Utah Code 10-9a-103
Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
Public interest use: means :
(4)(a) use by a governmental agency as determined by the agency's legislative body; or
(4)(b) donation to a nonprofit charity registered with the state. See Utah Code 77-11d-101
Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
Public official: means :
     (27)(a)
          (27)(a)(i) a member of the Legislature;
          (27)(a)(ii) an individual elected to a position in the executive branch of state government; or
          (27)(a)(iii) an individual appointed to or employed in a position in the executive or legislative branch of state government if that individual:
               (27)(a)(iii)(A) occupies a policymaking position or makes purchasing or contracting decisions;
               (27)(a)(iii)(B) drafts legislation or makes rules;
               (27)(a)(iii)(C) determines rates or fees; or
               (27)(a)(iii)(D) makes adjudicative decisions;
     (27)(b) an immediate family member of a person described in Subsection (27)(a);
     (27)(c) a local official; or
     (27)(d) an education official. See Utah Code 36-11-102
Public official type: means a notation to identify whether a public official is:
     (28)(a)
          (28)(a)(i) a member of the Legislature;
          (28)(a)(ii) an individual elected to a position in the executive branch of state government;
          (28)(a)(iii) an individual appointed to or employed in a position in the legislative branch of state government who meets the definition of public official under Subsection (27)(a)(iii);
          (28)(a)(iv) an individual appointed to or employed in a position in the executive branch of state government who meets the definition of public official under Subsection (27)(a)(iii);
          (28)(a)(v) a local official, including a description of the type of local government for which the individual is a local official; or
          (28)(a)(vi) an education official, including a description of the type of board of education for which the individual is an education official; or
     (28)(b) an immediate family member of an individual described in Subsection (27)(a), (c), or (d). See Utah Code 36-11-102
Public safety services: means law enforcement, emergency medical services, or fire protection. See Utah Code 35A-16-401
Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
Quarterly reporting period: means the three-month period covered by each financial report required under Subsection 36-11-201(2)(a). See Utah Code 36-11-102
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
Related person: means a person, agent, or employee who knowingly and intentionally assists a lobbyist, principal, or government officer in lobbying. See Utah Code 36-11-102
Relative: means :
     (31)(a) a spouse;
     (31)(b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
     (31)(c) a spouse of an individual described in Subsection (31)(b). See Utah Code 36-11-102
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.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Required notice: means :
     (33)(a) a notice of preconstruction service under Section 38-1a-401;
     (33)(b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
     (33)(c) a notice of commencement;
     (33)(d) a notice of construction loan under Section 38-1a-601;
     (33)(e) a notice under Section 38-1a-602 concerning a construction loan default;
     (33)(f) a notice of intent to obtain final completion under Section 38-1a-506; or
     (33)(g) a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102
Residential roadway: means a public local residential road that:
     (60)(a) will serve primarily to provide access to adjacent primarily residential areas and property;
     (60)(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
     (60)(c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
     (60)(d) has a posted speed limit of 25 miles per hour or less;
     (60)(e) does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
     (60)(f) cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and
     (60)(g) primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 10-9a-103
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 77-2-2
Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
Restoration treatment: means training and treatment that is:
     (10)(a) provided to an individual who is incompetent to proceed;
     (10)(b) tailored to the individual's particular impairment to competency; and
     (10)(c) limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2
Results-based contract: means a contract that:
     (12)(a) is entered into in accordance with Section 35A-15-402;
     (12)(b) includes a performance outcome measure; and
     (12)(c) is between the department, a provider of a high quality school readiness program, and an investor. See Utah Code 35A-15-102
Risk factor: means :
     (13)(a) having a mother who was 18 years old or younger when the child was born;
     (13)(b) a member of a child's household is incarcerated;
     (13)(c) living in a neighborhood with high violence or crime;
     (13)(d) having one or both parents with a low reading ability;
     (13)(e) moving at least once in the past year;
     (13)(f) living with multiple families in the same household;
     (13)(g) having exposure in a child's home to:
          (13)(g)(i) physical abuse or domestic violence;
          (13)(g)(ii) substance abuse;
          (13)(g)(iii) the death or chronic illness of a parent or sibling; or
          (13)(g)(iv) mental illness; or
     (13)(h) having at least one parent who has not completed high school. See Utah Code 35A-15-102
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Rule: means an agency rule or a court rule. See Utah Code 36-35-101
School readiness assessment: means the same as that term is defined in Section 53E-4-314. See Utah Code 35A-15-102
School readiness team: means a team comprised of staff from:
(15)(a) the Department of Workforce Services' Office of Child Care that support preschool and early care programs; and
(15)(b) the state board that oversees preschool programs. See Utah Code 35A-15-102
Second-tier eligible municipality: means a municipality that:
     (14)(a) is located within a county of the third, fourth, fifth, or sixth class;
     (14)(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
     (14)(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
     (14)(d) is certified as a second-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-102
Senate block equivalency file: means the electronic file designated as SB2006S02_BEF. See Utah Code 36-1-101.1
Senate shapefile: means the electronic shapefile that:
(3)(a) is the resulting projection of the Senate block equivalency file; and
(3)(b) stores the boundary of each of the 29 Utah State Senate districts. See Utah Code 36-1-101.1
Service of process: The service of writs or summonses to the appropriate party.
Service provider: includes a correctional facility and the Administrative Office of the Courts. See Utah Code 35A-16-102
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 36-1-101.1
Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 36-1-201.1
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Specified public agency: means :
     (65)(a) the state;
     (65)(b) a school district; or
     (65)(c) a charter school. See Utah Code 10-9a-103
Stabilization: means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions. See Utah Code 35A-1-102
State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
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 board: means the State Board of Education. See Utah Code 35A-15-102
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.
Steering committee: means the Utah Homeless Network Steering Committee created in Section 35A-16-206. See Utah Code 35A-16-102
Strategic plan: means the statewide strategic plan to minimize homelessness in the state described in Subsection 35A-16-203(1)(c). See Utah Code 35A-16-102
Subcontractor: means a person that contracts to provide preconstruction service or construction work to:
(34)(a) a person other than the owner; or
(34)(b) the owner, if the owner is an owner-builder. See Utah Code 38-1a-102
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
Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1
Subpoena: A command to a witness to appear and give testimony.
Subsequent winter response period: means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section 35A-16-502. See Utah Code 35A-16-501
Summons: Another word for subpoena used by the criminal justice system.
Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1
Supervisory subcontractor: means a person that:
(36)(a) is a subcontractor under contract to provide preconstruction service or construction work; and
(36)(b) contracts with one or more other subcontractors for the other subcontractor or subcontractors to provide preconstruction service or construction work that the person is under contract to provide. See Utah Code 38-1a-102
Supplier: means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly with the consumer. See Utah Code 13-11-3
Swear: includes "affirm. See Utah Code 68-3-12.5
Target: means a person regarding whom the attorney for the state, the special prosecutor, or the grand jury has substantial evidence that links that person to the commission of a crime and who could be indicted or charged with that crime. See Utah Code 77-10a-1
Targeted winter response bed count: means the targeted bed count number for an applicable county during the winter response period, as determined jointly by the applicable local homeless council and the office. See Utah Code 35A-16-501
task force: means a task force described in Section Utah Code 35A-16-501
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.
Temporary winter response shelter: means a facility that:
(14)(a) provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and
(14)(b) does not operate year-round. See Utah Code 35A-16-501
Testify: Answer questions in court.
Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third-tier eligible municipality: means a municipality that:
(9)(a) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; and
(9)(b) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services. See Utah Code 35A-16-401
Tool: means the tool developed in accordance with Section 35A-15-303. See Utah Code 35A-15-102
Tour: means visiting a location, for a purpose relating to the duties of a public official, and not primarily for entertainment, including:
     (32)(a) viewing a facility;
     (32)(b) viewing the sight of a natural disaster; or
     (32)(c) assessing a circumstance in relation to which a public official may need to take action within the scope of the public official's duties. See Utah Code 36-11-102
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
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.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Type of homelessness: means :
     (18)(a) chronic homelessness;
     (18)(b) episodic homelessness;
     (18)(c) situational homelessness; or
     (18)(d) family homelessness. See Utah Code 35A-16-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Uphold: The decision of an appellate court not to reverse a lower court decision.
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Victim: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
Victim advocate: work with prosecutors and assist the victims of a crime.
Visually impaired: means an individual with a diagnosed impairment of visual function that if not corrected constitutes a material limitation to normal activities or functioning. See Utah Code 35A-13-102
Vocational rehabilitation services: means goods and services reasonably necessary to enable an individual with a disability to obtain and retain employment. See Utah Code 35A-13-102
Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
Water interest: means any right to the beneficial use of water, including:
     (75)(a) each of the rights listed in Section 73-1-11; and
     (75)(b) an ownership interest in the right to the beneficial use of water represented by:
          (75)(b)(i) a contract; or
          (75)(b)(ii) a share in a water company, as defined in Section Utah Code 10-9a-103
Winter response period: means the period beginning October 15 and ending April 30 of the following year. See Utah Code 35A-16-501
Winter response plan: means the plan described in Section 35A-16-502. See Utah Code 35A-16-501
Witness: means a person who appears before the grand jury either voluntarily or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's use in discharging its responsibilities. See Utah Code 77-10a-1
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
Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103