Terms Used In Utah Code > Title 13 > Chapter 14 > Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises

• accounting: means :
       (1)(a) the systematic recording, classification, or summarizing of a financial transaction or event; and
       (1)(b) the interpretation or presentation of the result of an action described in Subsection (1)(a). See Utah Code 17-19a-102
• Accounting services: means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report. See Utah Code 17-19a-102
• Affected municipality: means an incorporated city or town:
       (2)(a) that is located in the notice area; and
       (2)(b)

            (2)(b)(i) within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or

            (2)(b)(ii) within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102
• Affiliate: has the meaning set forth in Section 16-10a-102. See Utah Code 13-14-102
• 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.
• 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.
• 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.
• auditing: means an examination that is a formal analysis of a county account or county financial record:
       (3)(a) to verify accuracy, completeness, or compliance with an internal control;
       (3)(b) to give a fair presentation of a county's financial status; and
       (3)(c) that conforms to the uniform classification of accounts established by the state auditor. See Utah Code 17-19a-102
• 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.
• board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
• Book: means a financial record of the county, regardless of a record's format. See Utah Code 17-19a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• County auditor: includes a person given the title of county controller under Subsection 17-19a-202(6). See Utah Code 17-19a-102
• County executive: means the elected chief executive officer of a county. See Utah Code 17-19a-102
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealership: means a site or location in this state:
       (5)(a) at which a franchisee conducts the business of a new motor vehicle dealer; and
       (5)(b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102
• Department: means the Department of Commerce. See Utah Code 13-14-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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.
• franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102
• Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
• Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
       (11)(a) the manufacturer, producer, assembler, or distributor of the new motor vehicles;
       (11)(b) an intermediate distributor; and
       (11)(c) an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Line-make: means :
       (13)(a) for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
       (13)(b) for a recreational vehicle, a specific series of recreational vehicle product that:

            (13)(b)(i) is identified by a common series trade name or trademark;

            (13)(b)(ii) is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;

            (13)(b)(iii) has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;

            (13)(b)(iv) belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

            (13)(b)(v) a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motor vehicle: means :
            (16)(a)(i) except as provided in Subsection (16)(b), a trailer;
            (16)(a)(ii) a travel trailer;
            (16)(a)(iii) except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
            (16)(a)(iv) a semitrailer as defined in Section 41-1a-102; and
            (16)(a)(v) a recreational vehicle. See Utah Code 13-14-102
• New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Performance audit: means an assessment of whether a county office, officer, department, division, court, or entity, or any related county program is:
       (9)(a) managing public resources and exercising authority in compliance with law and policy;
       (9)(b) achieving objectives and desired outcomes; and
       (9)(c) providing services effectively, efficiently, economically, ethically, and equitably. See Utah Code 17-19a-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
• 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:
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Primary market area: means :
       (21)(a) for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or
       (21)(b) for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Recreational vehicle: includes :
            (24)(b)(i) a travel trailer;
            (24)(b)(ii) a camping trailer;
            (24)(b)(iii) a motor home;
            (24)(b)(iv) a fifth wheel trailer; and
            (24)(b)(v) a van. See Utah Code 13-14-102
• 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.
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. 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