§ 16-10a-801 Requirement for and duties of board of directors
§ 16-10a-802 Qualifications of directors
§ 16-10a-803 Number and election of directors
§ 16-10a-804 Election of directors by certain classes of shareholders
§ 16-10a-805 Terms of directors generally
§ 16-10a-806 Staggered terms for directors
§ 16-10a-807 Resignation of directors
§ 16-10a-808 Removal of directors by shareholders
§ 16-10a-809 Removal of directors by judicial proceeding
§ 16-10a-810 Vacancy on board
§ 16-10a-811 Compensation of directors
§ 16-10a-820 Meetings
§ 16-10a-821 Action without meeting
§ 16-10a-822 Notice of meeting
§ 16-10a-823 Waiver of notice
§ 16-10a-824 Quorum and voting
§ 16-10a-825 Committees
§ 16-10a-830 Required officers
§ 16-10a-831 Duties of officers
§ 16-10a-832 Resignation and removal of officers
§ 16-10a-833 Contract rights with respect to officers
§ 16-10a-840 General standards of conduct for directors and officers
§ 16-10a-841 Limitation of liability of directors
§ 16-10a-842 Liability of directors for unlawful distributions
§ 16-10a-850 Definitions relating to conflicting interest transactions
§ 16-10a-851 Judicial action
§ 16-10a-852 Directors’ action
§ 16-10a-853 Shareholders’ action

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Terms Used In Utah Code > Title 16 > Chapter 10a > Part 8 - Directors and Officers

  • Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
  • Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Accommodation: means :
         (1)(a) a hotel or motel room;
         (1)(b) a condominium or cooperative unit;
         (1)(c) a cabin;
         (1)(d) a lodge;
         (1)(e) an apartment; or
         (1)(f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2
  • Acknowledged before me: means :
         (1)(a) that the person acknowledging appeared before the person taking the acknowledgment;
         (1)(b) that he acknowledged he executed the document;
         (1)(c) that, in the case of:
              (1)(c)(i) a natural person, he executed the document for the purposes stated in it;
              (1)(c)(ii) a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it;
              (1)(c)(iii) a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it;
              (1)(c)(iv) a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or
              (1)(c)(v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and
         (1)(d) that the person taking the acknowledgment:
              (1)(d)(i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and
              (1)(d)(ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. See Utah Code 57-2a-2
  • Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
  • Activities of daily living: means essential activities including:
         (2)(a) dressing;
         (2)(b) eating;
         (2)(c) grooming;
         (2)(d) bathing;
         (2)(e) toileting;
         (2)(f) ambulation;
         (2)(g) transferring; and
         (2)(h) self-administration of medication. See Utah Code 26B-2-201
  • Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 57-25-102
  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Administration of criminal justice: means the performance of detection, apprehension, detention, pretrial release, post-trial release, prosecution, and adjudication. See Utah Code 26B-4-201
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
  • Adult Autism Treatment Account: means the Adult Autism Treatment Account created in Section 26B-1-322. See Utah Code 26B-4-601
  • Adult day care: means nonresidential care and supervision:
         (2)(a) for three or more adults for at least four but less than 24 hours a day; and
         (2)(b) that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting. See Utah Code 26B-2-101
  • Advertise: means information provided by a person in any medium:
         (3)(a) to the public; and
         (3)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
  • Advisory committee: means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424. See Utah Code 26B-4-601
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means :
         (1)(a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and
         (1)(b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3
  • Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
  • Agent: means a coach, teacher, employee, representative, or volunteer. See Utah Code 26B-4-401
  • Aggrieved person: includes a person who:
         (2)(a) claims to have been injured by a discriminatory housing practice; or
         (2)(b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2
  • Allegation: something that someone says happened.
  • Amateur sports organization: means , except as provided in Subsection (2)(b):
              (2)(a)(i) a sports team;
              (2)(a)(ii) a public or private school;
              (2)(a)(iii) a public or private sports league;
              (2)(a)(iv) a public or private sports camp; or
              (2)(a)(v) any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26B-4-401
  • Ambulance service provider: means :
         (1)(a) an ambulance provider as defined in Section 26B-4-101; or
         (1)(b) a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801
  • Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
  • Amenities: means the following physical, recreational or social facilities located at a mobile home park:
         (1)(a) a club house;
         (1)(b) a park;
         (1)(c) a playground;
         (1)(d) a swimming pool;
         (1)(e) a hot tub;
         (1)(f) a tennis court; or
         (1)(g) a basketball court. See Utah Code 57-16-3
  • Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101
  • Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
  • Applied behavior analysis: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
         (4)(a) amended and restated articles of incorporation;
         (4)(b) articles of merger; and
         (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
  • Assessment: means any charge imposed by the association, including:
         (1)(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and
         (1)(b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3
  • Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501
  • Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601
  • Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201
  • Assisted living facility: means :
              (5)(a)(i) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:
                   (5)(a)(i)(A) require protected living arrangements; and
                   (5)(a)(i)(B) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and
              (5)(a)(ii) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201
  • Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
  • Associated with the licensee: means that an individual is:
              (4)(a)(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or
              (4)(a)(ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101
  • association: means all of the unit owners:
         (2)(a) acting as a group in accordance with the declaration and bylaws; or
         (2)(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
  • Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
  • Asthma action plan: means a written plan:
         (4)(a) developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and
         (4)(b) signed by the student's:
              (4)(b)(i) parent or guardian; and
              (4)(b)(ii) health care provider. See Utah Code 26B-4-401
  • Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Autism spectrum disorder: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
  • Auxiliary aids and services: means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual. See Utah Code 26B-2-301
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 26B-3-1101
  • Bequest: Property gifted by will.
  • Birthing center: means a facility that:
         (6)(a) receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and
         (6)(b)
              (6)(b)(i) is freestanding; or
              (6)(b)(ii) is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201
  • Blind: means an individual, or class of individuals, whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 55-5a-2
  • Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
  • Boarding school: means a private school that:
              (5)(a)(i) uses a regionally accredited education program;
              (5)(a)(ii) provides a residence to the school's students:
                   (5)(a)(ii)(A) for the purpose of enabling the school's students to attend classes at the school; and
                   (5)(a)(ii)(B) as an ancillary service to educating the students at the school;
              (5)(a)(iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and
              (5)(a)(iv)
                   (5)(a)(iv)(A) does not provide the treatment or services described in Subsection (40)(a); or
                   (5)(a)(iv)(B) provides the treatment or services described in Subsection (40)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101
  • Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1
  • Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
  • Business: means any lawful activity, excepting a farm operation, conducted primarily:
         (2)(a) for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
         (2)(b) for the sale of services to the public;
         (2)(c) by a nonprofit organization; or
         (2)(d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3
  • Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
  • Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
  • Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
  • Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
  • Cannabis: means marijuana. See Utah Code 26B-4-201
  • Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Cannabis product: means a product that:
         (8)(a) is intended for human use; and
         (8)(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
  • Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
  • Capacity building: means strengthening an individual's or a community's ability to participate in shared decision making. See Utah Code 26B-2-501
  • Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401
  • Care facility: means :
         (2)(a) a nursing facility;
         (2)(b) an intermediate care facility for an individual with an intellectual disability; or
         (2)(c) any other medical institution. See Utah Code 26B-3-1001
  • Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401
  • Certificate: means a residential child care certificate issued by the office. See Utah Code 26B-2-701
  • Certification: means a less restrictive level of licensure issued by the department. See Utah Code 26B-2-101
  • Certification: means an approval to operate in compliance with local or federal requirements or regulations, completed by the office or on behalf of the office for a local or federal agency. See Utah Code 26B-2-701
  • Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
  • Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301
  • Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401
  • Change of use: means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. See Utah Code 57-16-3
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Child: means an individual under 18 years old. See Utah Code 26B-2-101
  • Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901
  • Child: means an individual who is under the age of 18. See Utah Code 26B-4-401
  • Child care: means continuous care and supervision of a qualifying child, that is:
         (4)(a) in lieu of care ordinarily provided by a parent in the parent's home;
         (4)(b) for less than 24 hours a day; and
         (4)(c) for direct or indirect compensation. See Utah Code 26B-2-401
  • Child care program: means a child care facility or program operated by a regulated provider. See Utah Code 26B-2-401
  • Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
         (8)(a) finding a person to adopt the child;
         (8)(b) placing the child in a home for adoption; or
         (8)(c) foster home placement. See Utah Code 26B-2-101
  • Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Claim: means :
         (3)(a) a request or demand for payment; or
         (3)(b) a cause of action for money or damages arising under any law. See Utah Code 26B-3-1001
  • Claim: means any request or demand for money or property:
         (2)(a) made to any:
              (2)(a)(i) employee, officer, or agent of the state;
              (2)(a)(ii) contractor with the state; or
              (2)(a)(iii) grantee or other recipient, whether or not under contract with the state; and
         (2)(b) if:
              (2)(b)(i) any portion of the money or property requested or demanded was issued from or provided by the state; or
              (2)(b)(ii) the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 26B-3-1101
  • Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
  • Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
  • Client: means an individual, resident, or patient who receives services from a provider. See Utah Code 26B-2-701
  • CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
  • CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501
  • CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601
  • Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
  • Commission: means the Labor Commission. See Utah Code 57-21-2
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
  • Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201
  • Committee: means the Primary Care Grant Committee described in Section 26B-1-410. See Utah Code 26B-4-301
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common expenses: means :
         (6)(a) all sums lawfully assessed against the unit owners;
         (6)(b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
         (6)(c) expenses agreed upon as common expenses by the association of unit owners; and
         (6)(d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3
  • Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 57-25-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Common-interest community: means :
         (2)(a) an association of unit owners, as defined in Section 57-8-3;
         (2)(b) an association, as defined in Section 57-8a-102; or
         (2)(c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101
  • Community health worker: means an individual who:
         (2)(a) works to improve a social determinant of health;
         (2)(b) acts as an intermediary between a community and health services or social services to:
              (2)(b)(i) facilitate access to services; or
              (2)(b)(ii) improve the quality and cultural competence of service delivery; and
         (2)(c) increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities. See Utah Code 26B-2-501
  • Compendia: means resources widely accepted by the medical profession in the efficacious use of drugs, including "American Hospital Formulary Service Drug Information" "U. See Utah Code 26B-3-301
  • Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
  • Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
  • Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
  • Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
  • Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
  • Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
  • Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
  • Congregate care program: means any of the following that provide services to a child:
              (11)(a)(i) an outdoor youth program;
              (11)(a)(ii) a residential support program;
              (11)(a)(iii) a residential treatment program; or
              (11)(a)(iv) a therapeutic school. See Utah Code 26B-2-101
  • Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
         (3)(a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;
         (3)(b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;
         (3)(c) protecting natural resources, including wetlands, grasslands, and riparian areas;
         (3)(d) maintaining or enhancing air or water quality;
         (3)(e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or
         (3)(f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101
  • conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
  • Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
  • Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201
  • Consumer price index: means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-23-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
  • Controlled substance: means the same as that term is defined in Title 58, Chapter 37, Utah Controlled Substances Act. See Utah Code 26B-4-501
  • Controlled substance database: means the controlled substance database created in Section 58-37f-201. See Utah Code 26B-4-201
  • controlling interest: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. See Utah Code 16-10a-102
  • Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
  • Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a form of coownership of real estate in which:
         (1)(a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity;
         (1)(b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and
         (1)(c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument. See Utah Code 57-23-2
  • Core-skill training: means :
         (4)(a) 90 hours of competency-based education; and
         (4)(b) 300 hours of community involvement as determined by the department through rule. See Utah Code 26B-2-501
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
  • Counseling: means the activities conducted by a pharmacist to inform Medicaid recipients about the proper use of drugs, as required by the board under this part. See Utah Code 26B-3-301
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by 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
  • Covered multifamily dwelling: means :
         (8)(a) a building consisting of four or more dwelling units if the building has one or more elevators; and
         (8)(b) the ground floor units in other buildings consisting of four or more dwelling units. See Utah Code 57-21-2
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Criteria: means those predetermined and explicitly accepted elements used to measure drug use on an ongoing basis in order to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes. See Utah Code 26B-3-301
  • Critical access hospital: means a critical access hospital that meets the criteria of Utah Code 26B-4-501
  • Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
              (2)(a)(i) at an angle between 80 degrees and 100 degrees;
              (2)(a)(ii) with a minimum depth of:
                   (2)(a)(ii)(A) 10 feet below rail level for nonhorizontal directional drilling; or
                   (2)(a)(ii)(B) 15 feet below rail for horizontal directional drilling; and
              (2)(a)(iii) within a county that is not a county of the first class. See Utah Code 54-23-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day treatment: means specialized treatment that is provided to:
         (12)(a) a client less than 24 hours a day; and
         (12)(b) four or more persons who:
              (12)(b)(i) are unrelated to the owner or provider; and
              (12)(b)(ii) have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
  • Decedent: A deceased person.
  • Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
  • Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
  • Delivery address: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
  • Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
  • Department contractor: means an individual who:
         (13)(a) provides services under a contract with the department; and
         (13)(b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101
  • Department of Transportation: means the Department of Transportation created in Section 72-1-201. See Utah Code 57-12-3
  • Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Dependent: A person dependent for support upon another.
  • Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
  • Designated caregiver: means :
         (16)(a) an individual:
              (16)(a)(i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and
              (16)(a)(ii) who registers with the department under Section 26B-4-214; or
         (16)(b)
              (16)(b)(i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or
              (16)(b)(ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). See Utah Code 26B-4-201
  • Designated facility: means :
         (3)(a) a freestanding urgent care center;
         (3)(b) a general acute hospital; or
         (3)(c) a critical access hospital. See Utah Code 26B-4-501
  • Developer: means a person that:
         (10)(a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or
         (10)(b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2
  • Development: includes :
              (11)(b)(i) a single-site development; or
              (11)(b)(ii) a multiple-site development. See Utah Code 57-19-2
  • Devise: To gift property by will.
  • Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601
  • Direct access: means that an individual has, or likely will have:
         (14)(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or
         (14)(b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101
  • Direct labor: means work required for preparation, processing and packing, other than supervision, administration, inspection, or shipping. See Utah Code 55-5a-2
  • Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
  • Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
  • Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background check approval issued by the office. See Utah Code 26B-2-101
  • Director: means the director of the division. See Utah Code 57-19-2
  • Director: means the director of the division or a designee. See Utah Code 57-21-2
  • Director: means the director of the office. See Utah Code 26B-2-101
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
  • Discharges: means the number of total hospital discharges reported on:
         (3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
         (3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-501
  • Discharges: means the number of total hospital discharges reported on:
         (3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
         (3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-601
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminate: includes segregate or separate. See Utah Code 57-21-2
  • Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispense: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3
  • Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
  • Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
              (13)(a)(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
              (13)(a)(ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
  • Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
  • Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-23-2
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
  • Division: means the Division of Customer Experience. See Utah Code 26B-2-301
  • Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501
  • Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601
  • Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-801
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 26B-4-501
  • Docket: A log containing brief entries of court proceedings.
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
  • Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
  • Donor: The person who makes a gift.
  • Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
  • Drug-disease contraindications: means that the therapeutic effect of a drug is adversely altered by the presence of another disease condition. See Utah Code 26B-3-301
  • DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301
  • Dwelling: means :
         (14)(a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or
         (14)(b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (14)(a). See Utah Code 57-21-2
  • Easement: means a nonpossessory property interest that:
         (5)(a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and
         (5)(b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101
  • Easement holder: means :
         (6)(a) in the case of an appurtenant easement, the dominant estate owner; or
         (6)(b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101
  • Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
  • education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
  • Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
  • Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
  • Emergency contraception: means the use of a substance, approved by the United States Food and Drug Administration, to prevent pregnancy after sexual intercourse. See Utah Code 26B-4-501
  • Emergency medical dispatch center: means a public safety answering point, as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by the office. See Utah Code 26B-4-301
  • Emergency safety intervention: means a tactic used to protect staff or a client from being physically injured, utilized by an appropriately trained direct care staff and only performed in accordance with a nationally or regionally recognized curriculum in the least restrictive manner to restore staff or client safety. See Utah Code 26B-2-101
  • Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
  • Employee welfare benefit plan: means a medical insurance plan developed by an employer under Utah Code 26B-3-1001
  • End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
  • Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26B-3-211. See Utah Code 26B-3-501
  • Entity: includes :
         (19)(a) a domestic and foreign corporation;
         (19)(b) a nonprofit corporation;
         (19)(c) a limited liability company;
         (19)(d) a profit or nonprofit unincorporated association;
         (19)(e) a business trust;
         (19)(f) an estate;
         (19)(g) a partnership;
         (19)(h) a trust;
         (19)(i) two or more persons having a joint or common economic interest;
         (19)(j) a state;
         (19)(k) the United States; and
         (19)(l) a foreign government. See Utah Code 16-10a-102
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
  • Environmental response project: means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
         (5)(a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code;
         (5)(b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
         (5)(c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. See Utah Code 57-25-102
  • Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 26B-4-401
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 57-19-2
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-2-401
  • Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
  • Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • false representation: means a wholly or partially untrue statement or representation which is:
         (3)(a) knowingly made; and
         (3)(b) a material fact with respect to the claim. See Utah Code 26B-3-1101
  • Familial status: means one or more individuals who have not attained the age of 18 years being domiciled with:
              (15)(a)(i) a parent or another person having legal custody of the one or more individuals; or
              (15)(a)(ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. See Utah Code 57-21-2
  • Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Utah Code 57-12-3
  • Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
  • Federal act: means the federal Interstate Land Sales Full Disclosure Act, Utah Code 57-11-2
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fees: means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. See Utah Code 57-16-3
  • Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flag: means a depiction or emblem:
              (1)(a)(i)
                   (1)(a)(i)(A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or
                   (1)(a)(i)(B) of the state flag of Utah as provided in Section 63G-1-501;
              (1)(a)(ii) made from fabric or cloth; and
              (1)(a)(iii) with measurements that do not exceed three feet by five feet. See Utah Code 57-24-101
  • Food service: includes restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with them. See Utah Code 55-5-6
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
  • Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(5). See Utah Code 26B-1-501
  • Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
  • Fraud: Intentional deception resulting in injury to another.
  • Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201
  • Freestanding urgent care center: means the same as that term is defined in Section 59-12-801. See Utah Code 26B-4-501
  • Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
  • Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 57-21-2
  • General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201
  • General acute hospital: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-4-501
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government agency: means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities. See Utah Code 26B-2-301
  • Government issued photo identification: means any of the following forms of identification:
         (19)(a) a valid state-issued driver license or identification card;
         (19)(b) a valid United States federal-issued photo identification, including:
              (19)(b)(i) a United States passport;
              (19)(b)(ii) a United States passport card;
              (19)(b)(iii) a United States military identification card; or
              (19)(b)(iv) a permanent resident card or alien registration receipt card; or
         (19)(c) a foreign passport. See Utah Code 26B-4-201
  • Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
  • Health care facility: means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health care agency, or another facility that provides or contracts to provide health care services, which facility is licensed under Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 26B-4-501
  • Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101
  • Health care provider: means an individual who is licensed as:
         (8)(a) a physician under Title 58, Chapter 67, Utah Medical Practice Act;
         (8)(c) an advanced practice registered nurse under Section 58-31b-302; or
         (8)(d) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-401
  • Health care provider: means :
         (10)(a) a physician, as defined in Section 58-67-102;
         (10)(b) an advanced practice registered nurse, as defined in Section 58-31b-102;
         (10)(c) a physician assistant, as defined in Section 58-70a-102; or
         (10)(d) an individual licensed to engage in the practice of dentistry, as defined in Section 58-69-102. See Utah Code 26B-4-501
  • Health coverage improvement program: means the health coverage improvement program described in Section 26B-3-207. See Utah Code 26B-3-501
  • Health insurance entity: means :
         (5)(a) an insurer;
         (5)(b) a person who administers, manages, provides, offers, sells, carries, or underwrites health insurance, as defined in Section 31A-1-301;
         (5)(c) a self-insured plan;
         (5)(d) a group health plan, as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
         (5)(e) a service benefit plan;
         (5)(f) a managed care organization;
         (5)(g) a pharmacy benefit manager;
         (5)(h) an employee welfare benefit plan; or
         (5)(i) a person who is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. See Utah Code 26B-3-1001
  • Health maintenance organization: means an organization, organized under the laws of any state which:
         (14)(a) is a qualified health maintenance organization under Utah Code 26B-2-201
  • Highway: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
  • Highway: includes :
         (15)(a) a public bridge;
         (15)(b) a county way;
         (15)(c) a county road;
         (15)(d) a common road; and
         (15)(e) a state road. See Utah Code 68-3-12.5
  • Holder: means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). See Utah Code 57-25-102
  • Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
  • Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
  • Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
  • Hospital share: means the hospital share described in Section 26B-3-505. See Utah Code 26B-3-501
  • Hospital share: means the hospital share described in Section 26B-3-605. See Utah Code 26B-3-601
  • Human services program: means :
              (25)(a)(i) a foster home;
              (25)(a)(ii) a therapeutic school;
              (25)(a)(iii) a youth program;
              (25)(a)(iv) an outdoor youth program;
              (25)(a)(v) a residential treatment program;
              (25)(a)(vi) a residential support program;
              (25)(a)(vii) a resource family home;
              (25)(a)(viii) a recovery residence; or
              (25)(a)(ix) a facility or program that provides:
                   (25)(a)(ix)(A) adult day care;
                   (25)(a)(ix)(B) day treatment;
                   (25)(a)(ix)(C) outpatient treatment;
                   (25)(a)(ix)(D) domestic violence treatment;
                   (25)(a)(ix)(E) child-placing services;
                   (25)(a)(ix)(F) social detoxification; or
                   (25)(a)(ix)(G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
  • Human waste: means excrement, feces, gray water, or other waste material discharged from the human body. See Utah Code 56-3-1
  • Increased risk: means risk exceeding the risk typically experienced by an individual who is not using, and is not likely to use, an opiate. See Utah Code 26B-4-501
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent third party: means a person that:
         (21)(a) is not related to the unit owner;
         (21)(b) shares no pecuniary interests with the unit owner; and
         (21)(c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3
  • Indian child: means the same as that term is defined in Utah Code 26B-2-101
  • Indian country: means the same as that term is defined in Utah Code 26B-2-101
  • Indian tribe: means the same as that term is defined in Utah Code 26B-2-101
  • Individual: means :
         (22)(a) a natural person;
         (22)(b) the estate of an incompetent individual; or
         (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
  • Industrial park: means a subdivision or subdivided lands offered as a part of a common promotional plan of advertising and sale zoned for office, manufacturing, warehousing, commercial, industrial, distribution, or wholesale use and utilized for one or more of those purposes. See Utah Code 57-11-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
  • Insurer: includes :
         (7)(a) a group health plan as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
         (7)(b) a health maintenance organization; and
         (7)(c) any entity offering a health service benefit plan. See Utah Code 26B-3-1001
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:
         (16)(a) exists concurrently with deficits in adaptive behavior; and
         (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest: includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. See Utah Code 57-19-2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intermediate care facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
  • Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
  • Intermediate secure treatment: means 24-hour specialized residential treatment or care for an individual who:
         (29)(a) cannot live independently or in a less restrictive environment; and
         (29)(b) requires, without the individual's consent or control, the use of locked doors to care for the individual. See Utah Code 26B-2-101
  • Intervention: means a form of communication utilized by the board with a prescriber or pharmacist to inform about or influence prescribing or dispensing practices. See Utah Code 26B-3-301
  • Inventory control system: means the system described in Section 4-41a-103. See Utah Code 26B-4-201
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judicial foreclosure: means a foreclosure of a unit:
         (22)(a) for the nonpayment of an assessment;
         (22)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
         (22)(c) as provided in this chapter. See Utah Code 57-8-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
  • Legal dosage limit: means an amount that:
         (22)(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the relevant recommending medical provider or the state central patient portal or pharmacy medical provider, in accordance with Subsection 26B-4-230(5), recommends; and
         (22)(b) may not exceed:
              (22)(b)(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
              (22)(b)(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol. See Utah Code 26B-4-201
  • Legal use termination date: means a date on the label of a container of unprocessed cannabis flower:
         (23)(a) that is 60 days after the date of purchase of the cannabis; and
         (23)(b) after which, the cannabis is no longer in a medicinal dosage form outside of the primary residence of the relevant medical cannabis patient cardholder. See Utah Code 26B-4-201
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee of record: means a person holding a lessee's interest under a recorded lease or memorandum of lease. See Utah Code 57-13c-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401
  • Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
  • Licensing committee: means the Child Care Provider Licensing Committee created in Section 26B-1-204. See Utah Code 26B-2-401
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
  • Limited medical provider: means an individual who:
         (24)(a) meets the recommending qualifications; and
         (24)(b) has no more than 15 patients with a valid medical cannabis patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). See Utah Code 26B-4-201
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local government: means a city, town, or county. See Utah Code 26B-2-101
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1
  • Long-term care facility: means :
              (6)(a)(i) a skilled nursing facility;
              (6)(a)(ii) except as provided in Subsection (6)(b), an intermediate care facility;
              (6)(a)(iii) a nursing home;
              (6)(a)(iv) a small health care facility;
              (6)(a)(v) a small health care facility type N; or
              (6)(a)(vi) an assisted living facility. See Utah Code 26B-2-301
  • Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
  • Management committee meeting: means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. See Utah Code 57-8-3
  • Marijuana: means the same as that term is defined in Section 58-37-2. See Utah Code 26B-4-201
  • Means of electronic communication: includes :
              (28)(b)(i) web conferencing;
              (28)(b)(ii) video conferencing; and
              (28)(b)(iii) telephone conferencing. See Utah Code 57-8-3
  • Medicaid ACA Fund: means the Medicaid ACA Fund created in Section 26B-1-315. See Utah Code 26B-3-601
  • Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-501
  • Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-601
  • Medicaid certification: means the right of a nursing care facility, as a provider of a nursing care facility program, to receive Medicaid reimbursement for a specified number of beds within the facility. See Utah Code 26B-3-301
  • Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
  • Medicaid waiver expansion: means a Medicaid expansion in accordance with Section 26B-3-113 or 26B-3-210. See Utah Code 26B-3-501
  • Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101
  • Medical assistance: means :
         (8)(a) all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and
         (8)(b) any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001
  • Medical benefit: means a benefit paid or payable to:
         (6)(a) a health care provider; or
         (6)(b) a recipient or a provider under a program administered by the state under:
              (6)(b)(i) Titles V and XIX of the federal Social Security Act;
              (6)(b)(ii) Title X of the federal Public Health Services Act;
              (6)(b)(iii) the federal Child Nutrition Act of 1966 as amended by Pub. See Utah Code 26B-3-1101
  • Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
  • Medical cannabis card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. See Utah Code 26B-4-201
  • Medical cannabis cardholder: means :
         (28)(a) a holder of a medical cannabis card; or
         (28)(b) a facility or assigned employee, described in Subsection (16)(b), only:
              (28)(b)(i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and
              (28)(b)(ii) while in possession of documentation that establishes:
                   (28)(b)(ii)(A) a caregiver designation described in Subsection 26B-4-214(1)(b);
                   (28)(b)(ii)(B) the identity of the individual presenting the documentation; and
                   (28)(b)(ii)(C) the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201
  • Medical cannabis caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
         (29)(a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and
         (29)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis courier: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
  • Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
         (32)(a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and
         (32)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
         (33)(a) the department issues to an individual with a qualifying condition; and
         (33)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis pharmacy: means a person that:
         (34)(a)
              (34)(a)(i) acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or
              (34)(a)(ii) possesses medical cannabis or a medical cannabis device; and
         (34)(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
  • Medical cannabis pharmacy agent: means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department. See Utah Code 26B-4-201
  • Medical cannabis shipment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201
  • Medically underserved population: means the population of an urban or rural area or a population group that the committee determines has a shortage of primary health care. See Utah Code 26B-4-301
  • Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-501
  • Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-601
  • Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
              (39)(b)(i) the medical cannabis cardholder has recently removed from the container described in Subsection (39)(a)(ii) for use; and
              (39)(b)(ii) does not exceed the quantity described in Subsection (39)(a)(ii). See Utah Code 26B-4-201
  • member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
  • Member: means a child enrolled in the program. See Utah Code 26B-3-901
  • Minor: means child. See Utah Code 26B-2-101
  • Mixed-use condominium project: means a condominium project that has both residential and commercial units in the condominium project. See Utah Code 57-8-3
  • Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
  • Mobile home park: means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. See Utah Code 57-16-3
  • Mobile home space: means a specific area of land within a mobile home park designed to accommodate one mobile home. See Utah Code 57-16-3
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • National origin: means the place of birth of an individual or of any lineal ancestors. See Utah Code 57-21-2
  • Near fatality: means alleged abuse or neglect that, as certified by a physician or physician assistant, places a child in serious or critical condition. See Utah Code 26B-1-501
  • Negative easement: means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. See Utah Code 57-13c-101
  • Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-federal portion: means the non-federal share the division needs to seed amounts that will support fee-for-service ambulance service provider rates, as described in Section 26B-3-804. See Utah Code 26B-3-801
  • Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-501
  • Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-601
  • Nonjudicial foreclosure: means the sale of a unit:
         (30)(a) for the nonpayment of an assessment;
         (30)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
         (30)(c) as provided in this chapter. See Utah Code 57-8-3
  • Nonprofit organization: means all corporations, societies, and associations whose object is not pecuniary profit, but is to promote the general interest and welfare of the members, whether temporal, social, or spiritual. See Utah Code 57-12-3
  • Nonresident patient: means an individual who:
         (40)(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
         (40)(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis card under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and
         (40)(c) has been diagnosed with a qualifying condition as described in Section 26B-4-203. See Utah Code 26B-4-201
  • Notarial act: means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents. See Utah Code 57-2a-2
  • Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
  • Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
         (17)(a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
         (17)(b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
         (17)(c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
  • Nursing care facility: means the following facilities licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection:
              (12)(a)(i) skilled nursing facilities;
              (12)(a)(ii) intermediate care facilities; and
              (12)(a)(iii) an intermediate care facility for people with an intellectual disability. See Utah Code 26B-3-301
  • Nursing care facility: means :
              (1)(a)(i) a nursing care facility as defined in Section 26B-2-201;
              (1)(a)(ii) a designated swing bed in:
                   (1)(a)(ii)(A) a general acute hospital as defined in Section 26B-2-201; and
                   (1)(a)(ii)(B) a critical access hospital which meets the criteria of Utah Code 26B-3-401
  • Nursing care facility program: means the personnel, licenses, services, contracts, and all other requirements that shall be met for a nursing care facility to be eligible for Medicaid certification under this part and division rule. See Utah Code 26B-3-301
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offer: includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit. See Utah Code 57-11-2
  • Offer: means a solicitation solely intended to result in a person purchasing an interest in a development. See Utah Code 57-19-2
  • Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 55-5a-2
  • Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
  • Office: means the Office of Emergency Medical Services and Preparedness within the department. See Utah Code 26B-4-301
  • Office of Recovery Services: means the Office of Recovery Services within the department. See Utah Code 26B-3-1001
  • Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301
  • Ombudsman program: means the Long-Term Care Ombudsman Program. See Utah Code 26B-2-301
  • Opiate: means the same as that term is defined in Section 58-37-2. See Utah Code 26B-4-501
  • Opiate antagonist: means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal Food and Drug Administration for the diagnosis or treatment of an opiate-related drug overdose. See Utah Code 26B-4-501
  • Opiate-related drug overdose event: means an acute condition, including a decreased level of consciousness or respiratory depression resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to require medical assistance. See Utah Code 26B-4-501
  • Outdoor youth program: means a program that provides:
         (34)(a) services to a child that has:
              (34)(a)(i) a chemical dependency; or
              (34)(a)(ii) a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral;
         (34)(b) a 24-hour outdoor group living environment; and
         (34)(c)
              (34)(c)(i) regular therapy, including group, individual, or supportive family therapy; or
              (34)(c)(ii) informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101
  • Outpatient treatment: means individual, family, or group therapy or counseling designed to improve and enhance social or psychological functioning for those whose physical and emotional status allows them to continue functioning in their usual living environment. See Utah Code 26B-2-101
  • Overdose outreach provider: means :
         (15)(a) a law enforcement agency;
         (15)(b) a fire department;
         (15)(c) an emergency medical service provider, as defined in Section 26B-4-101;
         (15)(d) emergency medical service personnel, as defined in Section 26B-4-101;
         (15)(e) an organization providing treatment or recovery services for drug or alcohol use;
         (15)(f) an organization providing support services for an individual, or a family of an individual, with a substance use disorder;
         (15)(g) a certified peer support specialist, as defined in Section 26B-5-610;
         (15)(h) an organization providing substance use or mental health services under contract with a local substance abuse authority, as defined in Section 26B-5-101, or a local mental health authority, as defined in Section 26B-5-101;
         (15)(i) an organization providing services to the homeless;
         (15)(j) a local health department;
         (15)(k) an individual licensed to practice under:
              (15)(k)(i) Title 58, Chapter 17b, Pharmacy Practice Act;
              (15)(k)(ii) Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
              (15)(k)(iii) Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
         (15)(l) an individual. See Utah Code 26B-4-501
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the owner, lessor, or sublessor of a residential rental unit. See Utah Code 57-22-2
  • Par value: means a number of dollars or points assigned to each unit by the declaration. See Utah Code 57-8-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Passenger train: means any train operated by a railroad company or corporation pursuant to Title 56, Chapter 1, General Provisions, for the primary purpose of transporting passengers for hire. See Utah Code 56-3-1
  • Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101
  • Patient counseling: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • Patient day: means each calendar day in which an individual patient is admitted to the nursing care facility during a calendar month, even if on a temporary leave of absence from the facility. See Utah Code 26B-3-401
  • Period of administrative control: means the period of control described in Subsection Utah Code 57-8-3
  • Person: means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 56-3-1
  • Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
  • Person: includes :
         (6)(a) a business trust;
         (6)(b) an estate;
         (6)(c) a trust;
         (6)(d) a partnership;
         (6)(e) an unincorporated association;
         (6)(f) two or more of any entity having a joint or common interest; or
         (6)(g) any other legal or commercial entity. See Utah Code 57-11-2
  • Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3
  • Person: means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity. See Utah Code 57-13c-101
  • Person: includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries. See Utah Code 57-21-2
  • Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
  • Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • Pharmacist: means a person licensed in this state to engage in the practice of pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act. See Utah Code 26B-3-301
  • Pharmacist: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-401
  • Pharmacist: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • Pharmacy intern: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-401
  • Pharmacy intern: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201
  • Physical facility: means the buildings or other physical structures where a nursing care facility program is operated. See Utah Code 26B-3-301
  • Physician: means a person licensed in this state to practice medicine and surgery under Section 58-67-301 or osteopathic medicine under Section 58-68-301. See Utah Code 26B-3-301
  • Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 26B-4-401
  • Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 26B-4-501
  • Pilot program period: means a period of five years during which the sustainable transportation and energy plan is effective:
         (2)(a) for a large-scale electric utility, beginning on January 1, 2017; or
         (2)(b) for a large-scale natural gas utility, beginning on July 1, 2019. See Utah Code 54-20-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the department's plan submitted to the United States Department of Health and Human Services pursuant to Utah Code 26B-3-901
  • 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.
  • 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.
  • Pole barn: includes any building or structure that met the definition of a pole barn in Subsection (9)(a) at any time in the five years preceding the proposed acquisition. See Utah Code 57-12-3
  • Political sign: means any sign or document that advocates:
         (34)(a) the election or defeat of a candidate for public office; or
         (34)(b) the approval or defeat of a ballot proposition. See Utah Code 57-8-3
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • PPACA: means the same as that term is defined in Section 31A-1-301. See Utah Code 26B-3-101
  • Practitioner: means :
         (20)(a) a physician; or
         (20)(b) any other person who is permitted by law to prescribe emergency contraception. See Utah Code 26B-4-501
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Pregnancy support services: means services that:
         (9)(a) encourage childbirth instead of voluntary termination of pregnancy; and
         (9)(b) assist pregnant women, or women who may become pregnant, to choose childbirth whether they intend to parent or select adoption for the child. See Utah Code 26B-4-301
  • Prescribe: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • 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.
  • Primary care grant: means a grant awarded by the department under Subsection 26B-4-310(1). See Utah Code 26B-4-301
  • Primary health care: includes :
              (11)(b)(i) services of physicians, nurses, physician's assistants, and dentists licensed to practice in this state under Title 58, Occupations and Professions;
              (11)(b)(ii) diagnostic and radiologic services;
              (11)(b)(iii) preventive health services including perinatal services, well-child services, and other services that seek to prevent disease or its consequences;
              (11)(b)(iv) emergency medical services;
              (11)(b)(v) preventive dental services; and
              (11)(b)(vi) pharmaceutical services. See Utah Code 26B-4-301
  • Private hospital: means :
              (12)(a)(i) a general acute hospital, as defined in Section 26B-2-201, that is privately owned and operating in the state; and
              (12)(a)(ii) a privately owned specialty hospital operating in the state, including a privately owned hospital whose inpatient admissions are predominantly for:
                   (12)(a)(ii)(A) rehabilitation;
                   (12)(a)(ii)(B) psychiatric care;
                   (12)(a)(ii)(C) chemical dependency services; or
                   (12)(a)(ii)(D) long-term acute care services. See Utah Code 26B-3-501
  • Private hospital: means :
              (11)(a)(i) a privately owned general acute hospital operating in the state as defined in Section 26B-2-201; or
              (11)(a)(ii) a privately owned specialty hospital operating in the state, including a privately owned hospital for which inpatient admissions are predominantly:
                   (11)(a)(ii)(A) rehabilitation;
                   (11)(a)(ii)(B) psychiatric;
                   (11)(a)(ii)(C) chemical dependency; or
                   (11)(a)(ii)(D) long-term acute care services. See Utah Code 26B-3-601
  • Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes :
         (26)(a) a civil suit;
         (26)(b) arbitration or mediation; and
         (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Utah Children's Health Insurance Program created by this part. See Utah Code 26B-3-901
  • Program: means the Adult Autism Treatment Program created in Section 26B-4-602. See Utah Code 26B-4-601
  • Program or facility: means the settings, activities, services, procedures, and premises used by a provider to provide services regulated by the department. See Utah Code 26B-2-701
  • Property: means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Utah Code 57-8-3
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property report: means the form of a written disclosure described in Section 57-19-11. See Utah Code 57-19-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected area: means the same as that term is defined in Section Utah Code 57-8-3
  • Provider: means a license holder, certificate holder, or legally responsible person that provides services regulated by the department. See Utah Code 26B-2-701
  • Provider: means a person or entity who provides services to a recipient. See Utah Code 26B-3-1001
  • Provisional patient card: means a card that:
         (42)(a) the department issues to a minor with a qualifying condition for whom:
              (42)(a)(i) a recommending medical provider has recommended a medical cannabis treatment; and
              (42)(a)(ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and
         (42)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Public entity: means :
         (12)(a) the United States;
         (12)(b) an agency of the United States;
         (12)(c) the state;
         (12)(d) a political subdivision of the state; or
         (12)(e) an agency of the state or a political subdivision of the state. See Utah Code 57-13c-101
  • Public office building: means all county courthouses, all city or town halls, and all buildings used primarily for governmental offices of the state or any county, city, or town. See Utah Code 55-5-6
  • Public school: means :
         (9)(a) a school, including a charter school, that:
              (9)(a)(i) is directly funded at public expense; and
              (9)(a)(ii) provides education to qualifying children for any grade from first grade through twelfth grade; or
         (9)(b) a school, including a charter school, that provides:
              (9)(b)(i) preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and
              (9)(b)(ii) education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense. See Utah Code 26B-2-401
  • Public school: means a district school or a charter school. See Utah Code 26B-4-401 v2
  • Public transit facility: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
  • Public utility: means the same as that term is defined in Section 54-2-1. See Utah Code 57-13c-101
  • Public utility: means an entity that provides electrical or gas service, including a:
         (7)(a) public utility as defined in Title 54, Chapter 2, General Provisions; or
         (7)(b) municipality as defined in Title 10, Utah Municipal Code. See Utah Code 57-16-3
  • Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
  • Public-entity easement: means a nonpossessory property interest in which the easement holder is a public entity. See Utah Code 57-13c-101
  • Public-utility easement: includes :
              (15)(b)(i) an easement benefitting an intrastate utility, an interstate utility, or a utility cooperative;
              (15)(b)(ii) a protected utility easement as defined in Section 54-3-27; and
              (15)(b)(iii) a public utility easement as defined in Section 54-3-27. See Utah Code 57-13c-101
  • Purchaser: means a person who acquires or attempts to acquire or succeeds to an interest in land. See Utah Code 57-11-2
  • Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2
  • Qualified adult: means a person who:
         (12)(a) is 18 years of age or older; and
         (12)(b)
              (12)(b)(i) for purposes of administering an epinephrine auto-injector, has successfully completed the training program established in Section 26B-4-407; and
              (12)(b)(ii) for purposes of administering stock albuterol, has successfully completed the training program established in Section 26B-4-408. See Utah Code 26B-4-401
  • Qualified health care provider: means a health care provider who:
         (14)(a) is licensed under Title 58, Occupations and Professions; and
         (14)(b) may evaluate and manage a concussion within the health care provider's scope of practice. See Utah Code 26B-4-401
  • Qualified individual: means an individual who:
         (7)(a) at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;
         (7)(b)
              (7)(b)(i) is in the custody of the department or a division of the department; and
              (7)(b)(ii) is placed in a residential placement by the department or a division of the department;
         (7)(c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:
              (7)(c)(i) an investigation for abuse, neglect, or dependency;
              (7)(c)(ii) foster care;
              (7)(c)(iii) in-home services; or
              (7)(c)(iv) substitute care;
         (7)(d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;
         (7)(e) was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:
              (7)(e)(i) the department or a division of the department is aware of the death; and
              (7)(e)(ii) the death is reported as a homicide, suicide, or an undetermined cause;
         (7)(f) received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies;
         (7)(g) dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;
         (7)(h) is a child who:
              (7)(h)(i) suffers a near fatality; and
              (7)(h)(ii) is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:
                   (7)(h)(ii)(A) an investigation for abuse, neglect, or dependency;
                   (7)(h)(ii)(B) foster care;
                   (7)(h)(ii)(C) in-home services; or
                   (7)(h)(ii)(D) substitute care; or
         (7)(i) is designated as a qualified individual by the executive director. See Utah Code 26B-1-501
  • Qualified individual: means an individual who:
         (6)(a) is at least 22 years old;
         (6)(b) is a resident of the state;
         (6)(c) has been diagnosed by a qualified professional as having:
              (6)(c)(i) an autism spectrum disorder; or
              (6)(c)(ii) another neurodevelopmental disorder requiring significant supports through treatment using applied behavior analysis; and
         (6)(d) needs significant supports for a condition described in Subsection (6)(c), as demonstrated by formal assessments of the individual's:
              (6)(d)(i) cognitive ability;
              (6)(d)(ii) adaptive ability;
              (6)(d)(iii) behavior; and
              (6)(d)(iv) communication ability. See Utah Code 26B-4-601
  • Qualified medical provider: means an individual:
         (43)(a) who meets the recommending qualifications; and
         (43)(b) whom the department registers to recommend treatment with cannabis in a medicinal dosage form under Section 26B-4-204. See Utah Code 26B-4-201
  • Qualified Patient Enterprise Fund: means the enterprise fund created in Section 26B-1-310. See Utah Code 26B-4-201
  • Qualified provider: means a provider that is qualified under Section 26B-4-603 to provide services for the program. See Utah Code 26B-4-601
  • Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share:
         (27)(a) that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or
         (27)(b) the voting of which is controlled, by:
              (27)(b)(i) a director who has a conflicting interest respecting the transaction;
              (27)(b)(ii) a related person of that director; or
              (27)(b)(iii) a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102
  • Qualified stock albuterol entity: means a public or private school that employs, contracts with, or has a similar relationship with a qualified adult who is likely to have contact with another person who may experience an asthma emergency. See Utah Code 26B-4-401
  • Qualifying child: means an individual who is:
         (10)(a)
              (10)(a)(i) under the age of 13 years old; or
              (10)(a)(ii) under the age of 18 years old, if the person has a disability; and
         (10)(b) a child of:
              (10)(b)(i) a person other than the person providing care to the child;
              (10)(b)(ii) a regulated provider, if the child is under the age of four; or
              (10)(b)(iii) an employee or owner of a licensed child care center, if the child is under the age of four. See Utah Code 26B-2-401
  • Qualifying condition: means a condition described in Section 26B-4-203. See Utah Code 26B-4-201
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes :
              (17)(b)(i) the interest of a lessor and lessee; and
              (17)(b)(ii) an interest in a common-interest community, unless the interest is personal property under Chapter 23, Real Estate Cooperative Marketing Act. See Utah Code 57-13c-101
  • 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
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
         (28)(a) the corporation at its:
              (28)(a)(i) registered office in this state; or
              (28)(a)(ii) principal office;
         (28)(b) the secretary of the corporation, wherever the secretary is found; or
         (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
  • Recess: A temporary interruption of the legislative business.
  • Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
  • Recipient: means :
         (11)(a) an individual who has applied for or received medical assistance from the state;
         (11)(b) the guardian, conservator, or other personal representative of an individual under Subsection (11)(a) if the individual is a minor or an incapacitated person; or
         (11)(c) the estate and survivors of an individual under Subsection (11)(a), if the individual is deceased. See Utah Code 26B-3-1001
  • recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
         (46)(a) certifies the patient's eligibility for a medical cannabis card; and
         (46)(b) may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201
  • Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201
  • Recommending qualifications: means that an individual:
         (48)(a)
              (48)(a)(i) has the authority to write a prescription;
              (48)(a)(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act; and
              (48)(a)(iii) possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and
         (48)(b) is licensed as:
              (48)(b)(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
              (48)(b)(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;
              (48)(b)(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
              (48)(b)(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-201
  • Recovery estate: means , regarding a deceased recipient:
         (12)(a) all real and personal property or other assets included within a decedent's estate as defined in Section 75-1-201;
         (12)(b) the decedent's augmented estate as defined in Section 75-2-203; and
         (12)(c) that part of other real or personal property in which the decedent had a legal interest at the time of death including assets conveyed to a survivor, heir, or assign of the decedent through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement. See Utah Code 26B-3-1001
  • Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:
              (38)(a)(i) provides a supervised living environment for individuals recovering from a substance use disorder;
              (38)(a)(ii) provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder;
              (38)(a)(iii) provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site;
              (38)(a)(iv) is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or
              (38)(a)(v)
                   (38)(a)(v)(A) receives public funding; or
                   (38)(a)(v)(B) is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101
  • Registration: means :
         (20)(a) for a development, an approved application for registration described in Section 57-19-5; or
         (20)(b) for a salesperson, an approved application for registration described in Section 57-19-15. See Utah Code 57-19-2
  • Regular business hours: means :
         (39)(a) the hours during which services of any kind are provided to a client; or
         (39)(b) the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101
  • Regulated provider: means a licensed provider or certified provider. See Utah Code 26B-2-401
  • 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.
  • renew: means extending a development's or a salesperson's registration for an additional period on or before the registration's expiration date. See Utah Code 57-19-2
  • Rent: means charges paid for the privilege of occupying a mobile home space, and may include service charges and fees. See Utah Code 57-16-3
  • Rental agreement: means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit. See Utah Code 57-22-2
  • Rental application: means an application required by an owner as a prerequisite to the owner entering into a rental agreement for a residential rental unit. See Utah Code 57-22-2
  • rental unit: means :
         (38)(a) a unit that:
              (38)(a)(i) is not owned by an entity or trust; and
              (38)(a)(ii) is occupied by an individual while the unit owner is not occupying the unit as the unit owner's primary residence; or
         (38)(b) an occupied unit owned by an entity or trust, regardless of who occupies the unit. See Utah Code 57-8-3
  • Renter: means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others. See Utah Code 57-22-2
  • Resident: means an individual who leases or rents space in a mobile home park. See Utah Code 57-16-3
  • Resident: means :
         (2)(a) a renter as defined in Section 57-22-2;
         (2)(b) a resident as defined in Section 57-16-3; or
         (2)(c) a unit owner as defined in Section 57-8-3. See Utah Code 57-24-101
  • Resident: means a person 21 years old or older who:
         (19)(a) as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
         (19)(b) does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
  • Resident: means an individual who resides in a long-term care facility. See Utah Code 26B-2-301
  • Residential child care: means child care provided in the home of the provider. See Utah Code 26B-2-401
  • Residential property management authority: means :
         (3)(a) an owner as defined in Section 57-22-2;
         (3)(b) a mobile home park as defined in Section 57-16-3;
         (3)(c) a mobile home park residents' association established in accordance with Section 57-16-16;
         (3)(d) an association of unit owners as defined in Section 57-8-3; or
         (3)(e) a management committee as defined in Section 57-8-3. See Utah Code 57-24-101
  • Residential rental unit: means a renter's principal place of residence and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. See Utah Code 57-22-2
  • Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are:
              (40)(b)(i) emotional;
              (40)(b)(ii) psychological;
              (40)(b)(iii) developmental; or
              (40)(b)(iv) behavioral. See Utah Code 26B-2-101
  • Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
  • Residential treatment program: means a program or facility that provides:
         (42)(a) residential treatment; or
         (42)(b) intermediate secure treatment. See Utah Code 26B-2-101
  • Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • 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
  • Rural county: means a county with a population of less than 50,000, as determined by:
         (20)(a) the most recent official census or census estimate of the United States Bureau of the Census; or
         (20)(b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (20)(a). See Utah Code 26B-3-301
  • Salesperson: means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. See Utah Code 57-19-2
  • salesperson: means a principal broker, an associate broker, or a sales agent as those terms are defined in Section 61-2f-102. See Utah Code 57-21-2
  • Seclusion: means the involuntary confinement of an individual in a room or an area:
         (43)(a) away from the individual's peers; and
         (43)(b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
         (32)(a) the preparation and maintenance of:
              (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and
              (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
         (32)(b) authenticating records of the corporation. See Utah Code 16-10a-102
  • Security instrument: includes :
              (19)(b)(i) a security instrument that also creates or provides for a security interest in personal property;
              (19)(b)(ii) a modification or amendment of a security instrument; and
              (19)(b)(iii) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner in a common-interest community. See Utah Code 57-13c-101
  • Security-interest holder of record: means a person holding an interest in real property created by a recorded security instrument. See Utah Code 57-13c-101
  • Self-administered hormonal contraceptive: includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. See Utah Code 26B-4-501
  • sell: means selling an interest in a development for value. See Utah Code 57-19-2
  • Service charges: means separate charges paid for the use of electrical and gas service improvements which exist at a mobile home space, or for trash removal, sewage and water, or any combination of the above. See Utah Code 57-16-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101
  • 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 gender and includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth. See Utah Code 57-21-2
  • 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
  • Sexual assault: means any criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses, that may result in a pregnancy. See Utah Code 26B-4-501
  • Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 57-21-2
  • Shareholder: means :
              (34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
              (34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
  • Short-term relief care provider: means an individual who:
         (44)(a) provides short-term and temporary relief care to a foster parent:
              (44)(a)(i) for less than six consecutive nights; and
              (44)(a)(ii) in the short-term relief care provider's home;
         (44)(b) is an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster parent;
         (44)(c) is direct access qualified, as that term is defined in Section 26B-2-120;
         (44)(d) has been approved to provide short-term relief care by the department;
         (44)(e) is not reimbursed by the department for the temporary relief care provided; and
         (44)(f) is not an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster child. See Utah Code 26B-2-101
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Site: includes a geographic location where one or more camping sites or accommodations are located that is constructed in phases and is under common management. See Utah Code 57-19-2
  • Size: means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. See Utah Code 57-8-3
  • Skilled nursing facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
  • Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26B-2-201
  • Small health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
  • Social detoxification: means short-term residential services for persons who are experiencing or have recently experienced drug or alcohol intoxication, that are provided outside of a health care facility licensed under Part 2, Health Care Facility Licensing and Inspection, and that include:
         (45)(a) room and board for persons who are unrelated to the owner or manager of the facility;
         (45)(b) specialized rehabilitation to acquire sobriety; and
         (45)(c) aftercare services. See Utah Code 26B-2-101
  • Source of income: means the verifiable condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements. See Utah Code 57-21-2
  • Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201
  • Sporting event: means any of the following athletic activities that is organized, managed, or sponsored by an organization:
              (16)(a)(i) a game;
              (16)(a)(ii) a practice;
              (16)(a)(iii) a sports camp;
              (16)(a)(iv) a physical education class;
              (16)(a)(v) a competition; or
              (16)(a)(vi) a tryout. See Utah Code 26B-4-401
  • Standards: means the acceptable range of deviation from the criteria that reflects local medical practice and that is tested on the Medicaid recipient database. See Utah Code 26B-3-301
  • 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 central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201
  • State certified: means that an individual has obtained the state certification described in Subsection 26B-2-504(1). See Utah Code 26B-2-501
  • State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201
  • State plan: means the state Medicaid program as enacted in accordance with Title XIX, federal Social Security Act. See Utah Code 26B-3-1001
  • State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-501
  • State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-601
  • 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.
  • Stigmatized: means :
         (4)(a) the site or suspected site of a homicide, other felony, or suicide;
         (4)(b) the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or
         (4)(c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act. See Utah Code 57-1-1
  • Stock albuterol: means a prescription inhaled medication:
         (17)(a) used to treat asthma; and
         (17)(b) that may be delivered through a device, including:
              (17)(b)(i) an inhaler; or
              (17)(b)(ii) a nebulizer with a mouthpiece or mask. See Utah Code 26B-4-401
  • subdivided lands: means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale. See Utah Code 57-11-2
  • Subdivider: means :
         (9)(a) an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or
         (9)(b) a principal agent of an owner of an interest in subdivided lands if the owner is inactive. See Utah Code 57-11-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Substitute care: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Summons: Another word for subpoena used by the criminal justice system.
  • SURS: means the Surveillance Utilization Review System of the Medicaid program. See Utah Code 26B-3-301
  • Sustainable transportation and energy plan: means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including:
         (3)(a) a natural gas vehicle rate or natural gas clean air program described in Section Utah Code 54-20-102
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Targeted marketing: means the promotion by a qualified medical provider, medical clinic, or medical office that employs a qualified medical provider of a medical cannabis recommendation service using any of the following methods:
         (51)(a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;
         (51)(b) an in-person marketing event that is held in an area where only an individual who is at least 21 years old may access the event;
         (51)(c) other marketing material that is physically or digitally displayed in the office of the medical clinic or office that employs a qualified medical provider; or
         (51)(d) a leaflet that a qualified medical provider, medical clinic, or medical office that employs a qualified medical provider shares with an individual who is at least 21 years old. See Utah Code 26B-4-201
  • TEFRA lien: means a lien, authorized under the Tax Equity and Fiscal Responsibility Act of 1982, against the real property of an individual prior to the individual's death, as described in Utah Code 26B-3-1001
  • telecommunications facility: means fiber optics or related conduit installed in a crossing. See Utah Code 54-23-102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • 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.
  • THC: means a substance derived from cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA). See Utah Code 26B-4-201
  • THC analog: means the same as that term is defined in Section 4-41-102. See Utah Code 26B-4-201
  • Therapeutic appropriateness: means drug prescribing and dispensing based on rational drug therapy that is consistent with criteria and standards. See Utah Code 26B-3-301
  • Therapeutic duplication: means prescribing and dispensing the same drug or two or more drugs from the same therapeutic class where periods of drug administration overlap and where that practice is not medically indicated. See Utah Code 26B-3-301
  • Therapeutic school: means a residential group living facility:
         (48)(a) for four or more individuals that are not related to:
              (48)(a)(i) the owner of the facility; or
              (48)(a)(ii) the primary service provider of the facility;
         (48)(b) that serves students who have a history of failing to function:
              (48)(b)(i) at home;
              (48)(b)(ii) in a public school; or
              (48)(b)(iii) in a nonresidential private school; and
         (48)(c) that offers:
              (48)(c)(i) room and board; and
              (48)(c)(ii) an academic education integrated with:
                   (48)(c)(ii)(A) specialized structure and supervision; or
                   (48)(c)(ii)(B) services or treatment related to:
                        (48)(c)(ii)(B)(I) a disability;
                        (48)(c)(ii)(B)(II) emotional development;
                        (48)(c)(ii)(B)(III) behavioral development;
                        (48)(c)(ii)(B)(IV) familial development; or
                        (48)(c)(ii)(B)(V) social development. See Utah Code 26B-2-101
  • Third party: includes :
         (15)(a) an individual, institution, corporation, public or private agency, trust, estate, insurance carrier, employee welfare benefit plan, health maintenance organization, health service organization, preferred provider organization, governmental program such as Medicare, CHAMPUS, and workers' compensation, which may be obligated to pay all or part of the medical costs of injury, disease, or disability of a recipient, unless any of these are excluded by department rule; and
         (15)(b) a spouse or a parent who:
              (15)(b)(i) may be obligated to pay all or part of the medical costs of a recipient under law or by court or administrative order; or
              (15)(b)(ii) has been ordered to maintain health, dental, or accident and health insurance to cover medical expenses of a spouse or dependent child by court or administrative order. See Utah Code 26B-3-1001
  • Time period unit: means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as defined in Section 57-19-2. See Utah Code 57-8-3
  • Timeshare development: means an enterprise with the primary purpose of offering a timeshare interest, including an interest that gives the purchaser the right to use and occupy an accommodation at a single- or multiple-site development. See Utah Code 57-19-2
  • Timeshare estate: means a small, undivided fractional fee interest in real property by which the purchaser does not receive any right to use an accommodation except as provided by contract, declaration, or other instrument defining a legal right. See Utah Code 57-19-2
  • Timeshare interest: includes a timeshare estate. See Utah Code 57-19-2
  • Total transports: means the number of total ambulance transports applicable to a given fiscal year, as determined under Subsection 26B-3-803(5). See Utah Code 26B-3-801
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Traditionally eligible child: means , subject to limitations created by the federal government, a child who is:
         (5)(a) a citizen of the United States;
         (5)(b) a qualified non-citizen;
         (5)(c) a Supplemental Security Income recipient living in the United States on August 22, 1996, that meets the federal government's criteria for one of the grand-fathered Supplemental Security Income recipient non-citizen groups; or
         (5)(d) a lawfully present child. See Utah Code 26B-3-901
  • Traumatic head injury: means an injury to the head arising from blunt trauma, an acceleration force, or a deceleration force, with one of the following observed or self-reported conditions attributable to the injury:
         (18)(a) transient confusion, disorientation, or impaired consciousness;
         (18)(b) dysfunction of memory;
         (18)(c) loss of consciousness; or
         (18)(d) signs of other neurological or neuropsychological dysfunction, including:
              (18)(d)(i) seizures;
              (18)(d)(ii) irritability;
              (18)(d)(iii) lethargy;
              (18)(d)(iv) vomiting;
              (18)(d)(v) headache;
              (18)(d)(vi) dizziness; or
              (18)(d)(vii) fatigue. See Utah Code 26B-4-401
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Unconstructed unit: means a unit that:
         (41)(a) is intended, as depicted in the condominium plat, to be fully or partially contained in a building; and
         (41)(b) is not constructed. See Utah Code 57-8-3
  • underutilization: means the use of a drug in such quantities that the desired therapeutic goal is not achieved. See Utah Code 26B-3-301
  • Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
  • Unit: includes a lot, parcel, or other interest in land separately offered for disposition. See Utah Code 57-11-2
  • Unit: means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community. See Utah Code 57-13c-101
  • Unit number: means the number, letter, or combination of numbers and letters designating the unit in the declaration and in the record of survey map. See Utah Code 57-8-3
  • Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Upper payment limit gap: means the difference between the private hospital outpatient upper payment limit and the private hospital Medicaid outpatient payments, as determined in accordance with Utah Code 26B-3-501
  • Urban county: means a county that is not a rural county. See Utah Code 26B-3-301
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
  • Utility cooperative: includes an electric cooperative, a rural electric cooperative, a rural water district, and a rural water association. See Utah Code 57-13c-101
  • 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 of sexual assault: means any person who presents to receive, or receives, medical care in consequence of being subjected to sexual assault. See Utah Code 26B-4-501
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
  • Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
         (50)(a) provide personal protection;
         (50)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
         (50)(c) obtain services necessary for health, safety, or welfare;
         (50)(d) carry out the activities of daily living;
         (50)(e) manage the adult's own resources; or
         (50)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101
  • Water conveyance: means a canal, ditch, pipeline, or other means of conveying water. See Utah Code 57-13a-101
  • Water user: means a water user or the water user's predecessor whose water being conveyed is represented by a water right recognized under state law or by shares in a mutual irrigation company. See Utah Code 57-13a-101
  • Water wise landscaping: means :
         (45)(a) installation of plant materials, suited to the microclimate and soil conditions, that can:
              (45)(a)(i) remain healthy with minimal irrigation once established; or
              (45)(a)(ii) be maintained without the use of overhead spray irrigation;
         (45)(b) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
         (45)(c) use of other landscape design features that:
              (45)(c)(i) minimize the landscape's need for supplemental water from irrigation;
              (45)(c)(ii) reduce the landscape area dedicated to lawn or turf; or
              (45)(c)(iii) encourage vegetative coverage. See Utah Code 57-8-3
  • Water wise plant material: means a plant material suited to water wise landscaping. See Utah Code 57-8-3
  • Water-conveyance easement: means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage, culinary or industrial water, or a federal water project facility. See Utah Code 57-13c-101
  • Woman: means an adult human female. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
  • Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that:
              (51)(a)(i) serves adjudicated or nonadjudicated youth;
              (51)(a)(ii) charges a fee for the program's services;
              (51)(a)(iii) may provide host homes or other arrangements for overnight accommodation of the youth;
              (51)(a)(iv) may provide all or part of the program's services in the outdoors;
              (51)(a)(v) may limit or censor access to parents or guardians; and
              (51)(a)(vi) prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101
  • Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101