Terms Used In Utah Code > Title 17 > Chapter 27a - County Land Use, Development, and Management Act

• Abuse of authority: means an arbitrary or capricious exercise of power that:
       (1)(a) adversely affects the employment rights of another; or
       (1)(b) results in personal gain to the person exercising the authority or to another person. See Utah Code 67-21-2
• Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 17-27a-103
• Accident and health insurance: means insurance to provide protection against economic losses resulting from:
            (1)(a)(i) a medical condition including:

                 (1)(a)(i)(A) a medical care expense; or

                 (1)(a)(i)(B) the risk of disability;
            (1)(a)(ii) accident; or
            (1)(a)(iii) sickness. See Utah Code 31A-1-301
• account: means a trust account established at a depository institution in this state pursuant to a medical care savings account program to pay the eligible medical expenses of:
       (9)(a) an employee or account holder; and
       (9)(b) the dependents of the employee or account holder. See Utah Code 31A-32a-102
• Account: means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section 32B-2-403. See Utah Code 32B-2-402
• Account administrator: means any of the following:
       (1)(a) a depository institution as defined in Section 7-1-103;
       (1)(b) a trust company as defined in Section 7-1-103;
       (1)(c) an insurance company authorized to do business in this state under this title;
       (1)(d) a third party administrator licensed under Section 31A-25-203; and
       (1)(e) an employer if the employer has a self-insured health plan under ERISA. See Utah Code 31A-32a-102
• Account holder: means the resident individual who establishes a medical care savings account or for whose benefit a medical care savings account is established. See Utah Code 31A-32a-102
• Actuarial certification: means a written statement by a member of the American Academy of Actuaries or other individual approved by the commissioner that a covered carrier is in compliance with this chapter, based upon the examination of the covered carrier, including review of the appropriate records and of the actuarial assumptions and methods used by the covered carrier in establishing premium rates for applicable health benefit plans. See Utah Code 31A-30-103
• Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
• 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
• administrative fee: means a fee charged to a client by a professional employer organization for a professional employer service. See Utah Code 31A-40-102
• Administrative fee: means any payment, other than a rebate, that a pharmaceutical manufacturer makes directly or indirectly to a pharmacy benefit manager. See Utah Code 31A-46-102
• Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adversely affected party: means a person other than a land use applicant who:
       (2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
       (2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103
• Advertising: includes the following, if the requirements of Subsection (1)(a) are met:
            (1)(b)(i) a written, electronic, or printed communication;
            (1)(b)(ii) a communication by means of a recorded telephone message;
            (1)(b)(iii) a communication transmitted on radio, television, the Internet, or similar communications media; and
            (1)(b)(iv) a film strip, motion picture, or video. See Utah Code 31A-36-102
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Adviser: means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. See Utah Code 70A-5-102
• Advisory committee: means the Utah Substance Use and Mental Health Advisory Committee created in Section 26B-5-801. See Utah Code 32B-2-402
• Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property owner's association, public utility, or the Department of Transportation, if:
       (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
       (3)(b) the entity has filed with the county a copy of the entity's general or long-range plan; or
       (3)(c) the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 17-27a-103
• Affected owner: means the owner of real property that is:
       (4)(a) a single project;
       (4)(b) the subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601(6); and
       (4)(c) determined to be legally referable under Section Utah Code 17-27a-103
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-28-203
• affiliated: means a person who directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified person. See Utah Code 31A-30-103
• Affiliated company: means a business entity that because of common ownership, control, operation, or management is in the same corporate or limited liability company system as:
            (1)(a)(i) a parent;
            (1)(a)(ii) an industrial insured; or
            (1)(a)(iii) a member organization. See Utah Code 31A-37-102
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Affordable housing: means housing offered for sale at 80% or less of the median county home price for housing of that type. See Utah Code 17-27a-1201
• Agency: means :
       (1)(a) any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or
       (1)(b) an association as defined in Section 53G-7-1101. See Utah Code 67-16-3
• Agency: means :
       (1)(a) a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;
       (1)(b) a county, city, town, school district, or special improvement or taxing district; or
       (1)(c) any other political subdivision. See Utah Code 67-20-2
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Agency: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• Agency head: means the chief executive or administrative officer of any agency. See Utah Code 67-16-3
• Aggravating circumstances: means :
       (1)(a) prior warnings about compliance problems;
       (1)(b) a prior violation history;
       (1)(c) a lack of written policies governing employee conduct;
       (1)(d) multiple violations during the course of an investigation;
       (1)(e) efforts to conceal a violation;
       (1)(f) an intentional violation;
       (1)(g) the violation involved more than one patron or employee; or
       (1)(h) a violation that results in injury or death. See Utah Code 32B-3-102
• Agreement: means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:
       (1)(a) course of dealing;
       (1)(b) usage of trade; or
       (1)(c) course of performance. See Utah Code 70C-1-302
• Airport lounge: means a business location:
       (1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and
       (1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
• Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 5, Airport Lounge License. See Utah Code 32B-1-102
• Alcohol training and education seminar: means a seminar that is:
       (5)(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
       (5)(b) described in Section 26B-5-205. See Utah Code 32B-1-102
• Alcoholic beverage: means the following:
       (3)(a) beer; or
       (3)(b) liquor. See Utah Code 32B-1-102
• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• Alien captive insurance company: means an insurer:
       (2)(a) formed to write insurance business for a parent or affiliate of the insurer; and
       (2)(b) licensed pursuant to the laws of an alien or foreign jurisdiction that imposes statutory or regulatory standards:

            (2)(b)(i) on a business entity transacting the business of insurance in the alien or foreign jurisdiction; and

            (2)(b)(ii) in a form acceptable to the commissioner. See Utah Code 31A-37-102
• Allegation: something that someone says happened.
• Allowable claim amount: means the amount paid by an insurer under the customer's health benefit plan. See Utah Code 31A-46-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
• Annual conviction time period: means the time period that:
            (1)(d)(i) begins on July 1 and ends on June 30; and
            (1)(d)(ii) immediately precedes the fiscal year for which an appropriation under this part is made. See Utah Code 32B-2-402
• 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.
• Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
• 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.
• Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means a person at whose request or for whose account a letter of credit is issued. See Utah Code 70A-5-102
• Applicant captive insurance company: means an entity that has submitted an application for a certificate of authority for a captive insurance company, unless the application has been denied or withdrawn. See Utah Code 31A-37-102
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arena: means an enclosed building:
       (6)(a) that is managed by:

            (6)(a)(i) the same person who owns the enclosed building;

            (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or

            (6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
       (6)(b) that operates as a venue; and
       (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
• Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. See Utah Code 32B-1-102
• Armed forces: means the same as that term is defined in Section Utah Code 71A-1-101
• 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: means :
       (11)(a) the original articles;
       (11)(b) a special law;
       (11)(c) a charter;
       (11)(d) an amendment;
       (11)(e) restated articles;
       (11)(f) articles of merger or consolidation;
       (11)(g) a trust instrument;
       (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
       (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assist: means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. See Utah Code 67-16-3
• Association: means a legal association of two or more persons that meets the following requirements:
       (4)(a) the persons are exposed to similar or related liability because of related, similar, or common business trade, products, services, premises, or operations; and
       (4)(b)

            (4)(b)(i) the association or the association's member organizations:

                 (4)(b)(i)(A) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;

                 (4)(b)(i)(B) have complete voting control over an association captive insurance company incorporated as a mutual insurer; or

                 (4)(b)(i)(C) have complete voting control over an association captive insurance company formed as a limited liability company; or

            (4)(b)(ii) the association's member organizations collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer. See Utah Code 31A-37-102
• Association account: means the Utah Property and Casualty Insurance Guaranty Association Account created by Section 31A-28-205. See Utah Code 31A-28-203
• Association captive insurance company: means a business entity that insures risks of:
       (5)(a) a member organization of the association;
       (5)(b) an affiliate of a member organization of the association; and
       (5)(c) the association. See Utah Code 31A-37-102
• Assurance organization: means a person designated as an assurance organization in accordance with Section 31A-40-303. See Utah Code 31A-40-102
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized agency: means :
       (1)(a) the attorney general;
       (1)(b) the state fire marshal;
       (1)(c) any state law enforcement agency;
       (1)(d) any criminal investigative department or agency of the United States;
       (1)(e) a district attorney;
       (1)(f) the prosecuting attorney of any municipality or county;
       (1)(g) the department; or
       (1)(h) the disciplinary section of an agency licensing a service provider. See Utah Code 31A-31-102
• authorized insurer: means an insurer:
            (191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
            (191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
• Authorized person: means a person authorized by law to sell or otherwise handle an alcoholic product. See Utah Code 32B-1-402
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail bond: means a bail bond insurance product for a specified monetary amount that is:
       (1)(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
       (1)(b) issued to a court, magistrate, or authorized officer to secure:

            (1)(b)(i) the release of a person from incarceration; and

            (1)(b)(ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
• Bail bond agency: means any sole proprietor or entity that:
       (2)(a) is licensed under Subsection 31A-35-404(1) or (2);
       (2)(b)

            (2)(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;

            (2)(b)(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or

            (2)(b)(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
       (2)(c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
• Bail bond insurance: means a guarantee that a person will attend court when required, up to and including surrender of the person in execution of a sentence imposed under Subsection 77-20-501(1), as a condition to the release of that person from confinement. See Utah Code 31A-1-301
• Bail bond producer: means an individual who:
       (3)(a) is appointed by:

            (3)(a)(i) a surety insurer that sells bail bonds; or

            (3)(a)(ii) a bail bond agency licensed under this chapter;
       (3)(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
       (3)(c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
• Bail enforcement agent: means the same as that term is defined in Section 53-11-102. See Utah Code 31A-35-102
• 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.
• Banquet: means an event:
       (8)(a) that is a private event or a privately sponsored event;
       (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:

            (8)(b)(i) a hotel;

            (8)(b)(ii) a resort facility;

            (8)(b)(iii) a sports center;

            (8)(b)(iv) a convention center;

            (8)(b)(v) a performing arts facility;

            (8)(b)(vi) an arena; or

            (8)(b)(vii) a restaurant venue;
       (8)(c) for which there is a contract:

            (8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and

            (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
       (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
• Bar establishment license: includes :
            (9)(b)(i) a dining club license;
            (9)(b)(ii) an equity license;
            (9)(b)(iii) a fraternal license; or
            (9)(b)(iv) a bar license. See Utah Code 32B-1-102
• Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
• Base premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or that could have been charged under a rating system for that class of business by the covered carrier to covered insureds with similar case characteristics for health benefit plans with the same or similar coverage. See Utah Code 31A-30-103
• Base taxable value: means a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17-27a-1201
• Base year: means , for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll before the adoption of the home ownership promotion zone. See Utah Code 17-27a-1201
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Beer retailer: means a business that:
       (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
       (13)(b) is licensed as:

            (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or

            (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
• Beer wholesaling license: means a license:
       (14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
       (14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
• Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
• 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}
• Beneficiary: means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. See Utah Code 70A-5-102
• benefit: means the health care services to which a covered person is entitled under the terms of a health care insurance plan offered by a managed care organization. See Utah Code 31A-45-102
• Bequest: Property gifted by will.
• Billboard: means a public display used to advertise, including:
       (15)(a) a light device;
       (15)(b) a painting;
       (15)(c) a drawing;
       (15)(d) a poster;
       (15)(e) a sign;
       (15)(f) a signboard; or
       (15)(g) a scoreboard. See Utah Code 32B-1-102
• Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 17-27a-103
• Board: means the Bail Bond Oversight Board created in Section 31A-35-201. See Utah Code 31A-35-102
• Board of canvassers: means the state board of canvassers created in Section 20A-4-306. See Utah Code 67-1b-102
• board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
• Bona fide employer association: means an association of employers:
            (4)(a)(i) that meets the requirements of Section 31A-22-505;
            (4)(a)(ii) in which the employers of the association, either directly or indirectly, exercise control over the plan;
            (4)(a)(iii) that is organized:

                 (4)(a)(iii)(A) based on a commonality of interest between the employers and their employees that participate in the plan by some common economic or representation interest or genuine organizational relationship unrelated to the provision of benefits; and

                 (4)(a)(iii)(B) to act in the best interests of its employers to provide benefits for the employer's employees and their spouses and dependents, and other benefits relating to employment; and
            (4)(a)(iv) whose association sponsored health plan complies with Utah Code 31A-30-103
• Branch business: means an insurance business transacted by a branch captive insurance company in this state. See Utah Code 31A-37-102
• Branch captive insurance company: means an alien captive insurance company that has a certificate of authority from the commissioner to transact the business of insurance in this state through a captive insurance company that is domiciled outside of this state. See Utah Code 31A-37-102
• Breach of system security: means an unauthorized acquisition of computerized data maintained by a person that compromises the security, confidentiality, or integrity of personal information. See Utah Code 13-44-102
• Brewer: means a person engaged in manufacturing:
       (16)(a) beer;
       (16)(b) heavy beer; or
       (16)(c) a flavored malt beverage. See Utah Code 32B-1-102
• Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
• Bridge program: means the program established by the Department of Workforce Services on July 1, 2003:
       (1)(a) to implement the federal health coverage tax credit program;
       (1)(b) with federal funds; and
       (1)(c) for qualified participants. See Utah Code 31A-38-102
• Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 67-16-3
• Business entity: means :
       (17)(a) a corporation;
       (17)(b) an association;
       (17)(c) a partnership;
       (17)(d) a limited liability company;
       (17)(e) a limited liability partnership; or
       (17)(f) another legal entity. See Utah Code 31A-1-301
• business of insurance: includes :
       (98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;
       (98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:

            (98)(b)(i) by a single employer or by multiple employer groups; or

            (98)(b)(ii) through one or more trusts, associations, or other entities;
       (98)(c) providing an annuity:

            (98)(c)(i) including an annuity issued in return for a gift; and

            (98)(c)(ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
       (98)(d) providing the characteristic services of a motor club;
       (98)(e) providing another person with insurance;
       (98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
       (98)(g) transacting or proposing to transact any phase of title insurance, including:

            (98)(g)(i) solicitation;

            (98)(g)(ii) negotiation preliminary to execution;

            (98)(g)(iii) execution of a contract of title insurance;

            (98)(g)(iv) insuring; and

            (98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
       (98)(h) transacting or proposing a life settlement; and
       (98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
• Business of life settlements: includes the following:
       (2)(a) offering a life settlement;
       (2)(b) soliciting a life settlement;
       (2)(c) negotiating a life settlement;
       (2)(d) procuring a life settlement;
       (2)(e) effectuating a life settlement;
       (2)(f) purchasing a life settlement;
       (2)(g) investing in a life settlement;
       (2)(h) financing a life settlement;
       (2)(i) monitoring a life settlement;
       (2)(j) tracking a life settlement;
       (2)(k) underwriting a life settlement;
       (2)(l) selling a life settlement;
       (2)(m) transferring a life settlement;
       (2)(n) assigning a life settlement;
       (2)(o) pledging a life settlement;
       (2)(p) hypothecating a life settlement; or
       (2)(q) in any other manner acquiring an interest in an insurance policy by means of a life settlement. See Utah Code 31A-36-102
• Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
       (19)(a) Section 31A-8-205; or
       (19)(b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
• capitol hill complex: means capitol hill, as defined in Section 63O-1-101. See Utah Code 32B-4-102
• Captive insurance company: means :
       (21)(a) an insurer:

            (21)(a)(i) owned by a parent organization; and

            (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:

                 (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and

                 (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
       (21)(b) in the case of a group or association, an insurer:

            (21)(b)(i) owned by the insureds; and

            (21)(b)(ii) whose purpose is to insure risks of:

                 (21)(b)(ii)(A) a member organization;

                 (21)(b)(ii)(B) a group member; or

                 (21)(b)(ii)(C) an affiliate of:

                      (21)(b)(ii)(C)(I) a member organization; or

                      (21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
• Captive insurance company: includes any of the following formed or holding a certificate of authority under this chapter:
            (9)(b)(i) a branch captive insurance company;
            (9)(b)(ii) a pure captive insurance company;
            (9)(b)(iii) an association captive insurance company;
            (9)(b)(iv) a sponsored captive insurance company;
            (9)(b)(v) an industrial insured captive insurance company, including an industrial insured captive insurance company formed as a risk retention group captive in this state pursuant to the provisions of the Federal Liability Risk Retention Act of 1986;
            (9)(b)(vi) a special purpose captive insurance company; or
            (9)(b)(vii) a special purpose financial captive insurance company. See Utah Code 31A-37-102
• Career service employee: means the same as that term is defined in Section 63A-17-102. See Utah Code 67-27-102
• Carrier: means a person that provides health insurance in this state including:
       (5)(a) an insurance company;
       (5)(b) a prepaid hospital or medical care plan;
       (5)(c) a health maintenance organization;
       (5)(d) a multiple employer welfare arrangement; and
       (5)(e) another person providing a health insurance plan under this title. See Utah Code 31A-30-103
• case characteristics: means demographic or other objective characteristics of a covered insured that are considered by the carrier in determining premium rates for the covered insured. See Utah Code 31A-30-103
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Casualty insurance: means liability insurance. See Utah Code 31A-1-301
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• Certificate: means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer. See Utah Code 31A-35-102
• Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
• Charter school: means :
            (7)(a)(i) an operating charter school;
            (7)(a)(ii) a charter school applicant that a charter school authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
            (7)(a)(iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 17-27a-103
• Chartered bus: means a passenger bus, coach, or other motor vehicle provided by a bus company to a group of persons pursuant to a common purpose:
       (19)(a) under a single contract;
       (19)(b) at a fixed charge in accordance with the bus company's tariff; and
       (19)(c) to give the group of persons the exclusive use of the passenger bus, coach, or other motor vehicle, and a driver to travel together to one or more specified destinations. See Utah Code 32B-1-102
• Chronically ill: means :
       (3)(a) being unable to perform at least two activities of daily living, such as eating, toileting, moving from one place to another, bathing, dressing, or continence;
       (3)(b) requiring substantial supervision for protection from threats to health and safety because of severe cognitive impairment; or
       (3)(c) having a level of disability similar to that described in Subsection (3)(a). See Utah Code 31A-36-102
• Church: means a building:
       (20)(a) set apart for worship;
       (20)(b) in which religious services are held;
       (20)(c) with which clergy is associated; and
       (20)(d) that is tax exempt under the laws of this state. See Utah Code 32B-1-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Claimant: means :
            (3)(a)(i) an insured making a first-party claim; or
            (3)(a)(ii) a person instituting a liability claim. See Utah Code 31A-28-203
• Class of business: means all or a separate grouping of covered insureds that is permitted by the commissioner in accordance with Section 31A-30-105. See Utah Code 31A-30-103
• Client: means a person who enters into a professional employer agreement with a professional employer organization. See Utah Code 31A-40-102
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Coemployer: means :
       (4)(a) a client; or
       (4)(b) a professional employer organization. See Utah Code 31A-40-102
• Coemployment relationship: means a relationship:
       (5)(a) that is intended to be ongoing rather than a temporary or project specific relationship; and
       (5)(b) wherein the rights and obligations of an employer that arise out of an employment relationship are allocated between coemployers pursuant to:

            (5)(b)(i) a professional employer agreement; or

            (5)(b)(ii) this chapter. See Utah Code 31A-40-102
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-41-102
• Commissioner: means the commissioner of the department. See Utah Code 70D-1-102
• Commissioner: means a member of the commission. See Utah Code 32B-1-102
• Commissioner: means Utah's Insurance Commissioner or the commissioner's designee. See Utah Code 31A-37-102
• 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 ownership and control: means that two or more captive insurance companies are owned or controlled by the same person or group of persons as follows:
       (11)(a) in the case of a captive insurance company that is a stock corporation, the direct or indirect ownership of 80% or more of the outstanding voting stock of the stock corporation;
       (11)(b) in the case of a captive insurance company that is a mutual corporation, the direct or indirect ownership of 80% or more of the surplus and the voting power of the mutual corporation;
       (11)(c) in the case of a captive insurance company that is a limited liability company, the direct or indirect ownership by the same member or members of 80% or more of the membership interests in the limited liability company; or
       (11)(d) in the case of a sponsored captive insurance company, a protected cell is a separate captive insurance company owned and controlled by the protected cell's participant, only if:

            (11)(d)(i) the participant is the only participant with respect to the protected cell; and

            (11)(d)(ii) the participant is the sponsor or is affiliated with the sponsor of the sponsored captive insurance company through common ownership and control. See Utah Code 31A-37-102
• Community location: means :
       (23)(a) a public or private school as defined in Subsection 32B-1-102(115);
       (23)(b) a church;
       (23)(c) a public library;
       (23)(d) a public playground; or
       (23)(e) a public park. See Utah Code 32B-1-102
• Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 67-16-3
• Compensatory service worker: means a person who performs a public service with or without compensation for an agency as a condition or part of the person's:
       (2)(a) incarceration;
       (2)(b) plea;
       (2)(c) sentence;
       (2)(d) diversion;
       (2)(e) probation; or
       (2)(f) parole. See Utah Code 67-20-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 17-27a-103
• Confirmer: means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another. See Utah Code 70A-5-102
• Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
       (10)(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
       (10)(b) Utah Constitution, Article I, Section 22. See Utah Code 17-27a-103
• consultant: means a person who:
       (99)(a) advises another person about insurance needs and coverages;
       (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
       (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
• Consumer: means a natural person. See Utah Code 13-44-102
• Consumer purchasing system: means the consumer purchasing system established in Section 32B-2-802. See Utah Code 32B-2-801
• Container: means a receptacle that contains an alcoholic product, including:
       (25)(a) a bottle;
       (25)(b) a vessel; or
       (25)(c) a similar item. See Utah Code 32B-1-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
• Continuing care contract: means a contract under which a provider provides continuing care to a resident. See Utah Code 31A-44-102
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means a document containing written terms and conditions of a credit agreement. See Utah Code 70C-1-302
• Contracting insurer: means an insurer with whom a pharmacy benefit manager contracts to provide a pharmacy benefit management service. See Utah Code 31A-46-102
• Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
• Controlled unaffiliated business: means a business entity:
       (14)(a)

            (14)(a)(i) in the case of a pure captive insurance company, that is not in the corporate or limited liability company system of a parent or the parent's affiliate; or

            (14)(a)(ii) in the case of an industrial insured captive insurance company, that is not in the corporate or limited liability company system of an industrial insured or an affiliated company of the industrial insured;
       (14)(b)

            (14)(b)(i) in the case of a pure captive insurance company, that has a contractual relationship with a parent or affiliate; or

            (14)(b)(ii) in the case of an industrial insured captive insurance company, that has a contractual relationship with an industrial insured or an affiliated company of the industrial insured; and
       (14)(c) whose risks that are or will be insured by a pure captive insurance company, an industrial insured captive insurance company, or both, are managed in accordance with Subsection 31A-37-106(1)(j) by:

            (14)(c)(i)

                 (14)(c)(i)(A) a pure captive insurance company; or

                 (14)(c)(i)(B) an industrial insured captive insurance company; or

            (14)(c)(ii) a parent or affiliate of:

                 (14)(c)(ii)(A) a pure captive insurance company; or

                 (14)(c)(ii)(B) an industrial insured captive insurance company. See Utah Code 31A-37-102
• controlling person: means a person who, individually or acting in concert with one or more persons, owns, directly or indirectly, 10% or more of the equity interest in a professional employer organization. See Utah Code 31A-40-102
• Convention center: means a facility that is:
       (27)(a) in total at least 30,000 square feet; and
       (27)(b) otherwise defined as a "convention center" by the commission by rule. See Utah Code 32B-1-102
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means an insurance corporation, except when referring to:
            (34)(a)(i) a corporation doing business:

                 (34)(a)(i)(A) as:

                      (34)(a)(i)(A)(I) an insurance producer;

                      (34)(a)(i)(A)(II) a surplus lines producer;

                      (34)(a)(i)(A)(III) a limited line producer;

                      (34)(a)(i)(A)(IV) a consultant;

                      (34)(a)(i)(A)(V) a managing general agent;

                      (34)(a)(i)(A)(VI) a reinsurance intermediary;

                      (34)(a)(i)(A)(VII) a third party administrator; or

                      (34)(a)(i)(A)(VIII) an adjuster; and

                 (34)(a)(i)(B) under:

                      (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;

                      (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or

                      (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
            (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
• Cost share: means the amount paid by an insured customer under the customer's health benefit plan. See Utah Code 31A-46-102
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County utility easement: means an easement that:
       (11)(a) a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement;
       (11)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
       (11)(c) the county or the county's affiliated governmental entity owns or creates; and
       (11)(d)

            (11)(d)(i) either:

                 (11)(d)(i)(A) no person uses or occupies; or

                 (11)(d)(i)(B) the county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; or

            (11)(d)(ii) a person uses or occupies with or without an authorized franchise or other agreement with the county. See Utah Code 17-27a-103
• Covered carrier: means an individual carrier or small employer carrier subject to this chapter. See Utah Code 31A-30-103
• Covered claim: means an unpaid claim, including an unpaid claim under a personal lines policy for unearned premiums submitted by a claimant, if:
            (4)(a)(i) the claim arises out of the coverage;
            (4)(a)(ii) the claim is within the coverage;
            (4)(a)(iii) the claim is not in excess of the applicable limits of an insurance policy to which this part applies;
            (4)(a)(iv) the insurer who issued the policy becomes an insolvent insurer; and
            (4)(a)(v)

                 (4)(a)(v)(A) the claimant or insured is a resident of this state at the time of the insured event; or

                 (4)(a)(v)(B) the claim is a first-party claim for damage to property that is permanently located in this state. See Utah Code 31A-28-203
• Covered employee: means an individual who has a coemployment relationship with a client and a professional employer organization if the conditions of Section 31A-40-203 are met. See Utah Code 31A-40-102
• Covered individual: means an individual who is covered under a health benefit plan subject to this chapter. See Utah Code 31A-30-103
• Covered insureds: means small employers and individuals who are issued a health benefit plan that is subject to this chapter. See Utah Code 31A-30-103
• Credit insurance: includes :
            (37)(b)(i) credit accident and health insurance;
            (37)(b)(ii) credit life insurance;
            (37)(b)(iii) credit property insurance;
            (37)(b)(iv) credit unemployment insurance;
            (37)(b)(v) guaranteed automobile protection insurance;
            (37)(b)(vi) involuntary unemployment insurance;
            (37)(b)(vii) mortgage accident and health insurance;
            (37)(b)(viii) mortgage guaranty insurance; and
            (37)(b)(ix) mortgage life insurance. See Utah Code 31A-1-301
• Creditor: means a person, including an insured, having a claim, whether:
       (39)(a) matured;
       (39)(b) unmatured;
       (39)(c) liquidated;
       (39)(d) unliquidated;
       (39)(e) secured;
       (39)(f) unsecured;
       (39)(g) absolute;
       (39)(h) fixed; or
       (39)(i) contingent. See Utah Code 31A-1-301
• Creditor: means :
            (4)(a)(i) a party:

                 (4)(a)(i)(A) who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and

                 (4)(a)(i)(B) to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;
            (4)(a)(ii) an issuer of a credit card that extends either open-end credit or credit that:

                 (4)(a)(ii)(A) is not subject to a finance charge; and

                 (4)(a)(ii)(B) is not payable by written agreement in more than four installments; and
            (4)(a)(iii) an issuer of a credit card that extends closed-end credit that:

                 (4)(a)(iii)(A) is subject to a finance charge; or

                 (4)(a)(iii)(B) is payable by written agreement in more than four installments. See Utah Code 70C-1-302
• Crime involving moral turpitude: is a s defined by the commission by rule. See Utah Code 32B-1-102
• Criminal act: means an act for which a person receives a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 31A-37-102
• Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-27a-1001
• Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-27a-1001
• Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
       (3)(a) owns, controls, or manages a critical infrastructure materials operations; and
       (3)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 17-27a-1001
• Cross examine: Questioning of a witness by the attorney for the other side.
• Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Damages: means general and special damages for injury or loss caused by each violation of this chapter. See Utah Code 67-21-2
• Deductible: means the total deductible for an employee and all the dependents of that employee for a calendar year. See Utah Code 31A-32a-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Financial Institutions. See Utah Code 70D-1-102
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
• Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
• Department compliance officer: means an individual who is:
       (31)(a) an auditor or inspector; and
       (31)(b) employed by the department. See Utah Code 32B-1-102
• Department sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling. See Utah Code 32B-1-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Depository institution: is a s defined in Section 7-1-103. See Utah Code 31A-36-102
• Development activity: means :
       (13)(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
       (13)(b) any change in use of a building or structure that creates additional demand and need for public facilities; or
       (13)(c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-103
• Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103
• Device: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Devise: To gift property by will.
• Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
• Direct or indirect remuneration: means any adjustment in the total compensation:
       (9)(a) received by a pharmacy from a pharmacy benefit manager for the sale of a drug, device, or other product or service; and
       (9)(b) that is determined after the sale of the product or service. See Utah Code 31A-46-102
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
       (51)(a) perform the duties of:

            (51)(a)(i) that individual's occupation; or

            (51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
       (51)(b) perform two or more of the following basic activities of daily living:

            (51)(b)(i) eating;

            (51)(b)(ii) toileting;

            (51)(b)(iii) transferring;

            (51)(b)(iv) bathing; or

            (51)(b)(v) dressing. See Utah Code 31A-1-301
• 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 17-27a-103
• Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
       (35)(a) against a person subject to administrative action; and
       (35)(b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispense: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Dispensing structure: means a surface or structure on a licensed premises:
       (37)(a) where an alcoholic product is dispensed; or
       (37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
• Distillery manufacturing license: means a license issued in accordance with Chapter 11, Part 4, Distillery Manufacturing License. See Utah Code 32B-1-102
• Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
• Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-701
• Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-801
• Document: means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion:
       (6)(a) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in Subsection 70A-5-108(5); and
       (6)(b) which is capable of being examined for compliance with the terms and conditions of the letter of credit. See Utah Code 70A-5-102
• Domestic airport: means an airport that:
       (40)(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
       (40)(b) receives scheduled commercial passenger aircraft service; and
       (40)(c) is not an international airport. See Utah Code 32B-1-102
• Donor: The person who makes a gift.
• Drug: means a substance that is:
            (1)(a)(i)

                 (1)(a)(i)(A) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans; and

                 (1)(a)(i)(B) recognized in or in a supplement to the official United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the official National Formulary;
            (1)(a)(ii) required by an applicable federal or state law or rule to be dispensed by prescription only;
            (1)(a)(iii) restricted to administration by practitioners only;
            (1)(a)(iv) a substance other than food intended to affect the structure or a function of the human body; or
            (1)(a)(v) intended for use as a component of a substance described in Subsection (1)(a)(i), (ii), (iii), or (iv). See Utah Code 31A-48-102
• Drug: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Dwelling: means a residential structure attached to real property that contains one to four units including any of the following if used as a residence:
       (5)(a) a condominium unit;
       (5)(b) a cooperative unit;
       (5)(c) a manufactured home; or
       (5)(d) a house. See Utah Code 70C-1-302
• Employee: means the individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. See Utah Code 31A-32a-102
• Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• Employer: includes an agent of an employer. See Utah Code 67-21-2
• Employment related economic incentive: means :
       (8)(a)

            (8)(a)(i) a credit against or exemption from taxes due the state or a political subdivision of the state; or

            (8)(a)(ii) an economic inducement, including a loan or a grant; and
       (8)(b) if the credit, exemption, or economic inducement described in Subsection (8)(a):

            (8)(b)(i) is offered by the state or a political subdivision of the state; and

            (8)(b)(ii) has an eligibility requirement that relates in whole or in part to employment including:

                 (8)(b)(ii)(A) the number of employees; or

                 (8)(b)(ii)(B) the nature of the employment. See Utah Code 31A-40-102
• Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
• Enrollee: includes an insured. See Utah Code 31A-1-301
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entrance fee: includes a monthly fee, assessed at a rate that is greater than the value of the provider's monthly services, that a resident agrees to pay in exchange for acceptance into a facility or a promise of future monthly fees assessed at a rate that is less than the value of the services rendered. See Utah Code 31A-44-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as an equity license. See Utah Code 32B-1-102
• ERISA: means the Employee Retirement Income Security Act of 1974, Public Law 93-406, 88 Stat. See Utah Code 31A-32a-102
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Escrow: means :
            (64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:

                 (64)(a)(i)(A) the explanation, holding, or creation of a document; or

                 (64)(a)(i)(B) the receipt, deposit, and disbursement of money; or
            (64)(a)(ii) a settlement or closing involving:

                 (64)(a)(ii)(A) a mobile home;

                 (64)(a)(ii)(B) a grazing right;

                 (64)(a)(ii)(C) a water right; or

                 (64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
• Escrow agent: means an agency title insurance producer meeting the requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301
• Establisher: means a person who establishes a business entity or a trust. See Utah Code 31A-37-102
• Event permit: means :
       (42)(a) a single event permit; or
       (42)(b) a temporary beer event permit. See Utah Code 32B-1-102
• Ex officio: Literally, by virtue of one's office.
• Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
       (67)(a) a specific physical condition;
       (67)(b) a specific medical procedure;
       (67)(c) a specific disease or disorder; or
       (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
• exclusion: is a s defined in Utah Code 32B-4-702
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Executive branch: means :
            (2)(a)(i) the governor, the governor's staff, and the governor's appointed advisors;
            (2)(a)(ii) the lieutenant governor and lieutenant governor's staff;
            (2)(a)(iii) cabinet level officials;
            (2)(a)(iv) except as provided in Subsection (2)(b), an agency, board, department, division, committee, commission, council, office, or other administrative subunit of the executive branch of state government;
            (2)(a)(v) except as provided in Subsection (2)(b), a cabinet officer, elected official, executive director, or board or commission vested with:

                 (2)(a)(v)(A) policy making and oversight responsibility for a state executive branch agency; or

                 (2)(a)(v)(B) authority to appoint and remove the director of a state executive branch agency;
            (2)(a)(vi) executive ministerial officers;
            (2)(a)(vii) each gubernatorial appointee to a state board, committee, commission, council, or authority;
            (2)(a)(viii) each executive branch management position, as defined in Section Utah Code 67-1b-102
• Executive branch elected official: means :
       (2)(a) the governor;
       (2)(b) the lieutenant governor;
       (2)(c) the attorney general;
       (2)(d) the state treasurer; or
       (2)(e) the state auditor. See Utah Code 67-27-102
• Executive branch official: means an individual who:
       (3)(a) is a management level employee of an executive branch elected official; and
       (3)(b) is not a career service employee. See Utah Code 67-27-102
• Executive director: means the executive director of the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
• Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal funds: means cash received from the United States government or from other individuals or entities for or on behalf of the United States and deposited with the state treasurer or any agency of the state. See Utah Code 67-4-2
• Federal health coverage tax credit program: means the health care tax credit program authorized by the Trade Reform Act. See Utah Code 31A-38-102
• 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}
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fiduciary: A trustee, executor, or administrator.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• Filing clerk: means :
       (7)(a) the special district clerk, for a special public officer who holds an office on:

            (7)(a)(i) the board of trustees of a special district; or

            (7)(a)(ii) the governing body of a special service district; or
       (7)(b) the chief administrative officer, for a special public officer who holds an office on a local school board. See Utah Code 67-16-3
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Financial institution: means the same as that term is defined in Utah Code 13-44-102
• Financial loss: includes :
       (2)(a) out-of-pocket expenses;
       (2)(b) reasonable attorney fees;
       (2)(c) repair and replacement costs; or
       (2)(d) claims payments. See Utah Code 31A-31-102
• Financing entity: includes , if the requirements of Subsection (5)(a) are met, the following:
            (5)(b)(i) an underwriter;
            (5)(b)(ii) a placement agent;
            (5)(b)(iii) an enhancer of credit;
            (5)(b)(iv) a lender;
            (5)(b)(v) a purchaser of securities; and
            (5)(b)(vi) a purchaser of a policy from a life settlement provider. See Utah Code 31A-36-102
• Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103
• 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.
• Flavored malt beverage: means a beverage:
            (44)(a)(i) that contains at least . See Utah Code 32B-1-102
• Flood plain: means land that:
       (18)(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
       (18)(b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 17-27a-103
• FLSA aggregate amount: means , except as otherwise required by the United States Department of Labor, the aggregate amount of nominal fees that a supervising agency may pay a volunteer, generally not exceeding 20% of the total compensation that the supervising agency would pay a full-time employee providing the same services as the volunteer. See Utah Code 67-20-2
• 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}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Form: means , in addition to a form as defined in Section 31A-1-301:
       (6)(a) a life settlement;
       (6)(b) a disclosure to an owner;
       (6)(c) a notice of intent to settle; or
       (6)(d) a verification of coverage. See Utah Code 31A-36-102
• Form: means one of the following prepared for general use:
            (74)(a)(i) a policy;
            (74)(a)(ii) a certificate;
            (74)(a)(iii) an application;
            (74)(a)(iv) an outline of coverage; or
            (74)(a)(v) an endorsement. See Utah Code 31A-1-301
• Franchise: means the same as that term is defined in Utah Code 31A-40-102
• Franchisee: means the same as that term is defined in Utah Code 31A-40-102
• Franchisor: means the same as that term is defined in Utah Code 31A-40-102
• Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
• Fraud: Intentional deception resulting in injury to another.
• Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
• Fund: means the Title Insurance Recovery, Education, and Research Fund created in Section 31A-41-201. See Utah Code 31A-41-102
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
• General Fund: means money received into the treasury and not specially appropriated to any other fund. See Utah Code 67-4-2
• General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
       (20)(a) the unincorporated land within the county; or
       (20)(b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103
• Geologic hazard: means :
       (21)(a) a surface fault rupture;
       (21)(b) shallow groundwater;
       (21)(c) liquefaction;
       (21)(d) a landslide;
       (21)(e) a debris flow;
       (21)(f) unstable soil;
       (21)(g) a rock fall; or
       (21)(h) any other geologic condition that presents a risk:

            (21)(h)(i) to life;

            (21)(h)(ii) of substantial loss of real property; or

            (21)(h)(iii) of substantial damage to real property. See Utah Code 17-27a-103
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means that an employee acts with:
       (6)(a) subjective good faith; and
       (6)(b) the objective good faith of a reasonable employee. See Utah Code 67-21-2
• Good faith: means honesty in fact in the conduct or transaction concerned. See Utah Code 70A-5-102
• Governing body: means :
       (8)(a) the legislative body of a county, city, or town that establishes a special service district, if an administrative control board has not been appointed under Section 17D-1-301; or
       (8)(b) the administrative control board of a special service district, if the administrative control board has been appointed under Section 17D-1-301. See Utah Code 67-16-3
• Governing body: means the persons who hold the ultimate authority to direct and manage the affairs of an entity. See Utah Code 31A-37-102
• Government entity: means the state, any county, municipality, special district, special service district, or any other political subdivision or administrative unit of the state, including state institutions of education. See Utah Code 71A-2-101
• Governmental action: means any action on the part of the state, a political subdivision, or an agency, including:
       (9)(a) any decision, determination, finding, ruling, or order; and
       (9)(b) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect to. See Utah Code 67-16-3
• Governor-elect: means , during a transition period, an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor, if that successful candidate is an individual other than the incumbent governor. See Utah Code 67-1b-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Gross mismanagement: means action or failure to act by a person, with respect to a person's responsibility, that causes significant harm or risk of harm to the mission of the public entity or public body that employs, or is managed or controlled by, the person. See Utah Code 67-21-2
• Ground lease: means a lease to a provider of the land and infrastructure improvements to the land on which a facility is located. See Utah Code 31A-44-102
• Ground lessor: means , for a facility subject to a ground lease, the owner and lessor of the land and infrastructure improvements to the land on which the facility is located. See Utah Code 31A-44-102
• Guarantee: means to assume an obligation of another person if that person fails to meet the obligation. See Utah Code 31A-40-102
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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
• Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
• Hard cider: means the same as that term is defined in Utah Code 32B-1-102
• Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
• Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
       (83)(a) a professional service;
       (83)(b) a personal service;
       (83)(c) a facility;
       (83)(d) equipment;
       (83)(e) a device;
       (83)(f) supplies; or
       (83)(g) medicine. See Utah Code 31A-1-301
• Health care practitioner: means :
       (50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
       (50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
       (50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
       (50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;
       (50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
       (50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;
       (50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;
       (50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
       (50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
       (50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
       (50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
       (50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and
       (50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
• health insurance: means insurance providing:
            (84)(a)(i) a health care benefit; or
            (84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
• Heavy beer: means a product that:
            (51)(a)(i)

                 (51)(a)(i)(A) contains more than 5% alcohol by volume;

                 (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
• Higher deductible: means a deductible of not less than $1,000. See Utah Code 31A-32a-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 17-27a-1201
• home solicitation sale: means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a face-to-face solicitation of the sale at a residence or place of employment of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. See Utah Code 70C-5-101
• Home-based microschool: means the same as that term is defined in Section 53G-6-201. See Utah Code 17-27a-103
• Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility system. See Utah Code 17-27a-103
• Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
• Hotel: includes a commercial lodging establishment that:
            (53)(b)(i) meets the requirements under Subsection (53)(a); and
            (53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
• Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
• Identical plans: means building plans submitted to a county that:
       (24)(a) are clearly marked as "identical plans";
       (24)(b) are substantially identical building plans that were previously submitted to and reviewed and approved by the county; and
       (24)(c) describe a building that:

            (24)(c)(i) is located on land zoned the same as the land on which the building described in the previously approved plans is located;

            (24)(c)(ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans;

            (24)(c)(iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the county; and

            (24)(c)(iv) does not require any additional engineering or analysis. See Utah Code 17-27a-103
• Identification card: means an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act. See Utah Code 32B-1-102
• Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 17-27a-103
• Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
       (26)(a) recording a subdivision plat; or
       (26)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103
• Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
       (27)(a) complies with the county's written standards for design, materials, and workmanship; and
       (27)(b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 17-27a-103
• Improvement warranty period: means a period:
       (28)(a) no later than one year after a county's acceptance of required landscaping; or
       (28)(b) no later than one year after a county's acceptance of required infrastructure, unless the county:

            (28)(b)(i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and

            (28)(b)(ii) has substantial evidence, on record:

                 (28)(b)(ii)(A) of prior poor performance by the applicant; or

                 (28)(b)(ii)(B) that the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 17-27a-103
• Incoming gubernatorial administration: means a governor-elect, a governor-elect's staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff. See Utah Code 67-1b-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indemnitor: means an entity or natural person that enters into an agreement with a bail bond agency to hold the bail bond agency harmless from loss incurred as a result of executing a bail bond. See Utah Code 31A-35-102
• Index rate: means , for each class of business as to a rating period for covered insureds with similar case characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. See Utah Code 31A-30-103
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual: means a natural person. See Utah Code 31A-1-301
• Individual carrier: means a carrier that provides coverage on an individual basis through a health benefit plan regardless of whether:
       (14)(a) coverage is offered through:

            (14)(a)(i) an association;

            (14)(a)(ii) a trust;

            (14)(a)(iii) a discretionary group; or

            (14)(a)(iv) other similar groups; or
       (14)(b) the policy or contract is situated out-of-state. See Utah Code 31A-30-103
• Individual with a disability: means a veteran or service member who has established the existence of a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a public statute administered by the VA or a military department. See Utah Code 71A-2-101
• Industrial insured: means an insured:
       (18)(a) that produces insurance:

            (18)(a)(i) by the services of a full-time employee acting as a risk manager or insurance manager; or

            (18)(a)(ii) using the services of a regularly and continuously qualified insurance consultant;
       (18)(b) whose aggregate annual premiums for insurance on all risks total at least $25,000; and
       (18)(c) that has at least 25 full-time employees. See Utah Code 31A-37-102
• Industrial insured captive insurance company: means a business entity that:
       (19)(a) insures risks of the industrial insureds that comprise the industrial insured group; and
       (19)(b) may insure the risks of:

            (19)(b)(i) an affiliated company of an industrial insured; or

            (19)(b)(ii) a controlled unaffiliated business of:

                 (19)(b)(ii)(A) an industrial insured; or

                 (19)(b)(ii)(B) an affiliated company of an industrial insured. See Utah Code 31A-37-102
• Industrial insured group: means :
       (20)(a) a group of industrial insureds that collectively:

            (20)(a)(i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated or organized as a limited liability company as a stock insurer; or

            (20)(a)(ii) have complete voting control over an industrial insured captive insurance company incorporated or organized as a limited liability company as a mutual insurer;
       (20)(b) a group that is:

            (20)(b)(i) created under the Product Liability Risk Retention Act of 1981, Utah Code 31A-37-102
• Industry member: means :
            (2)(a)(i) an alcoholic product manufacturer;
            (2)(a)(ii) a producer;
            (2)(a)(iii) a supplier;
            (2)(a)(iv) an importer;
            (2)(a)(v) a wholesaler;
            (2)(a)(vi) a bottler;
            (2)(a)(vii) a warehouser and bottler; or
            (2)(a)(viii) for a person described in Subsections (2)(a)(i) through (vii), any of its:

                 (2)(a)(viii)(A) affiliates;

                 (2)(a)(viii)(B) subsidiaries;

                 (2)(a)(viii)(C) officers;

                 (2)(a)(viii)(D) directors;

                 (2)(a)(viii)(E) partners;

                 (2)(a)(viii)(F) agents;

                 (2)(a)(viii)(G) employees; or

                 (2)(a)(viii)(H) representatives. See Utah Code 32B-4-702
• Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
• Industry representative sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling by a local industry representative on the premises of the department to educate the local industry representative of the quality and characteristics of the product. See Utah Code 32B-1-102
• Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
       (29)(a) is required for human consumption; and
       (29)(b) an applicant must install:

            (29)(b)(i) in accordance with published installation and inspection specifications for public improvements; and

            (29)(b)(ii) as a condition of:

                 (29)(b)(ii)(A) recording a subdivision plat;

                 (29)(b)(ii)(B) obtaining a building permit; or

                 (29)(b)(ii)(C) developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103
• insolvent: means that:
       (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
       (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
       (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
• Insolvent: means :
       (7)(a) having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute;
       (7)(b) being unable to pay debts as they become due; or
       (7)(c) being insolvent within the meaning of federal bankruptcy law. See Utah Code 31A-44-102
• Insolvent insurer: means a member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Utah Code 31A-28-203
• Installment: means a payment upon a debt that is part of a series of payments, each of which is less than the original amount of the debt and scheduled as to a specific amount and due date by agreement of the parties for the purpose of repaying the debt. See Utah Code 70C-1-302
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• insurance company: means a person doing an insurance business as a principal including:
            (104)(a)(i) a fraternal benefit society;
            (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
            (104)(a)(iii) a motor club;
            (104)(a)(iv) an employee welfare plan;
            (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
            (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• Insurer: means any person or aggregation of persons:
       (3)(a) doing insurance business, as defined in Section 31A-1-301; or
       (3)(b) subject to the supervision of the commissioner under:

            (3)(b)(i) this title; or

            (3)(b)(ii) any equivalent insurance supervisory official of another state. See Utah Code 31A-31-102
• Insurer: means the same as that term is defined in Section 31A-22-634. See Utah Code 31A-48-102
• Insurer: means the same as that term is defined in Section 31A-22-636. See Utah Code 31A-46-102
• Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
       (58)(a) law; or
       (58)(b) court order. See Utah Code 32B-1-102
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
       (30)(a) runs with the land; and
       (30)(b)

            (30)(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or

            (30)(b)(ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 17-27a-103
• International airport: means an airport:
       (59)(a) with a United States Customs and Border Protection office on the premises of the airport; and
       (59)(b) at which international flights may enter and depart. See Utah Code 32B-1-102
• intoxication: means that

       an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:

       (60)(a) an alcoholic product;
       (60)(b) a controlled substance;
       (60)(c) a substance having the property of releasing toxic vapors; or
       (60)(d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102
• Investigator: means an individual who is:
       (61)(a) a department compliance officer; or
       (61)(b) a nondepartment enforcement officer. See Utah Code 32B-1-102
• IRS aggregate amount: means the fixed or determinable income aggregate amount described in Utah Code 67-20-2
• Issuer: means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes. See Utah Code 70A-5-102
• Judicial employee: means an employee of the judicial branch of state government. See Utah Code 67-21-2
• Jurisprudence: The study of law and the structure of the legal system.
• Juror: A person who is on the jury.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103
• Land use authority: means :
       (35)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
       (35)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
• Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
       (36)(a) a land use permit;
       (36)(b) a land use application; or
       (36)(c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
• Land use permit: means a permit issued by a land use authority. See Utah Code 17-27a-103
• 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}
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
• Legislative employee: means an employee of the legislative branch of state government. See Utah Code 67-21-2
• Legislator: means a member or member-elect of either house of the Legislature of the state of Utah. See Utah Code 67-16-3
• Letter of credit: means a definite undertaking that satisfies the requirements of Section 70A-5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value. See Utah Code 70A-5-102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Liability insurance: includes :
            (112)(b)(i) vehicle liability insurance;
            (112)(b)(ii) residential dwelling liability insurance; and
            (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• License: means :
       (62)(a) a retail license;
       (62)(b) a sublicense;
       (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
       (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
       (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
       (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
       (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
• Licensee: means a person who holds a license. See Utah Code 32B-1-102
• Licensee: means a person licensed under this chapter. See Utah Code 31A-40-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lieutenant governor-elect: means , during a transition period, an individual whom the board of canvassers determines to be the successful candidate for lieutenant governor after a general election for the office of lieutenant governor, if that successful candidate is an individual other than the incumbent lieutenant governor. See Utah Code 67-1b-102
• Life expectancy: means the mean number of months an individual insured under a policy to be settled can be expected to live considering medical records and appropriate experiential data. See Utah Code 31A-36-102
• Life insurance: means :
            (114)(a)(i) insurance on a human life; and
            (114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
• Life settlement: includes :
            (8)(b)(i) the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns a policy if the trust or other entity is formed or operated for the principal purpose of acquiring one or more policies; or
            (8)(b)(ii) a premium finance loan made for a policy by a lender to an owner on, before, or after the date of issuance of the policy if the owner:

                 (8)(b)(ii)(A) receives on the date of the premium finance loan a guarantee of a future life settlement value of the policy; or

                 (8)(b)(ii)(B) agrees on the date of the premium finance loan to sell the policy or any portion of the policy's death benefit on a date following the issuance of the policy. See Utah Code 31A-36-102
• Life settlement producer: means a person licensed in the state as a life insurance producer that on behalf of an owner and for consideration offers or attempts to negotiate a life settlement between the owner and one or more life settlement providers. See Utah Code 31A-36-102
• Life settlement provider: means a person other than an owner that enters into or effectuates a life settlement. See Utah Code 31A-36-102
• Life settlement purchaser: means a person that, to derive an economic benefit:
            (11)(a)(i) provides a sum of money as consideration for a policy or an interest in the death benefits of a policy; or
            (11)(a)(ii) owns, acquires, or is entitled to a beneficial interest in a trust that:

                 (11)(a)(ii)(A) owns a life settlement; or

                 (11)(a)(ii)(B) is the beneficiary of a policy that has been or will be the subject of a life settlement. See Utah Code 31A-36-102
• Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
• Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
• Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
       (65)(a) in which the driver and a passenger are separated by a partition, glass, or other barrier;
       (65)(b) that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and
       (65)(c) to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. See Utah Code 32B-1-102
• Liquid assets: means financial holdings that can be converted into cash in a timely manner without the loss of principal. See Utah Code 31A-35-102
• Liquor: includes :
                 (66)(a)(ii)(A) heavy beer;
                 (66)(a)(ii)(B) wine; and
                 (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
• Liquor Control Fund: means the enterprise fund created by Section 32B-2-301. See Utah Code 32B-1-102
• Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
• Liquor warehousing license: means a license that is issued:
       (69)(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
       (69)(b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Living unit: means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified individuals. See Utah Code 31A-44-102
• Lobbying: is a s defined in Section 36-11-102. See Utah Code 67-24-102
• Lobbyist: is a s defined in Section 36-11-102. See Utah Code 67-24-102
• Local authority: means :
       (70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
       (70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or
       (70)(c) for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102
• Long-term care insurance: includes :
            (121)(b)(i) any of the following that provide directly or supplement long-term care insurance:

                 (121)(b)(i)(A) a group or individual annuity or rider; or

                 (121)(b)(i)(B) a life insurance policy or rider;
            (121)(b)(ii) a policy or rider that provides for payment of benefits on the basis of:

                 (121)(b)(ii)(A) cognitive impairment; or

                 (121)(b)(ii)(B) functional capacity; or
            (121)(b)(iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
• Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
• Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608:
            (41)(a)(i) whether or not the lots are located in the same subdivision; and
            (41)(a)(ii) with the consent of the owners of record. See Utah Code 17-27a-103
• Maintain custody: means to direct the safekeeping and investment of state funds. See Utah Code 67-4-2
• Major transit investment corridor: means public transit service that uses or occupies:
       (42)(a) public transit rail right-of-way;
       (42)(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
       (42)(c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:

            (42)(c)(i) a public transit district as defined in Section 17B-2a-802; or

            (42)(c)(ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 17-27a-103
• Majority leader: see Floor Leaders
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Malt substitute: means :
       (72)(a) rice;
       (72)(b) grain;
       (72)(c) bran;
       (72)(d) glucose;
       (72)(e) sugar; or
       (72)(f) molasses. See Utah Code 32B-1-102
• Malted beverage: means :
       (1)(a) beer;
       (1)(b) a flavored malt beverage; and
       (1)(c) heavy beer. See Utah Code 32B-1-602
• Managed care organization: means :
       (2)(a) a managed care organization as that term is defined in Section 31A-1-301; and
       (2)(b) a third party administrator as that term is defined in Section 31A-1-301. See Utah Code 31A-45-102
• Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
• Manufacturer: means a person that is engaged in the manufacturing of a drug that is available for purchase by residents of the state. See Utah Code 31A-48-102
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Maximum allowable cost: means :
       (13)(a) a maximum reimbursement amount for a group of pharmaceutically and therapeutically equivalent drugs; or
       (13)(b) any similar reimbursement amount that is used by a pharmacy benefit manager to reimburse pharmacies for multiple source drugs. See Utah Code 31A-46-102
• Medicaid program: means the same as that term is defined in Section 26B-3-101. See Utah Code 31A-46-102
• Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
• Member insurer: means any person who:
       (6)(a) writes any kind of insurance to which this part applies under Section 31A-28-202, including the exchange of reciprocal or inter-insurance contracts; and
       (6)(b) is licensed to transact insurance in this state. See Utah Code 31A-28-203
• Member organization: means a person that belongs to an association. See Utah Code 31A-37-102
• Micro-education entity: means the same as that term is defined in Section 53G-6-201. See Utah Code 17-27a-103
• Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
            (75)(a)(i)

                 (75)(a)(i)(A) under the control of the United States Department of Defense; or

                 (75)(a)(i)(B) of the National Guard;
            (75)(a)(ii) that is located within the state; and
            (75)(a)(iii) including a leased facility. See Utah Code 32B-1-102
• Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
• Minor: means an individual under 21 years old. See Utah Code 32B-1-102
• Minority leader: See Floor Leaders
• Mitigating circumstances: means :
       (3)(a) no prior violation history for the licensee or permittee;
       (3)(b) no prior violation history for the individual who committed the violation;
       (3)(c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or
       (3)(d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation. See Utah Code 32B-3-102
• Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 17-27a-103
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage: means a mortgage or deed of trust affecting real property located in this state. See Utah Code 70D-1-102
• Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103
• Municipality: means a city or town. See Utah Code 32B-2-402
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• mutual corporation: means a mutual insurance corporation. See Utah Code 31A-1-301
• NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
• Net direct written premiums: means direct gross premiums written in this state on insurance policies that this part applies to, less return premiums and dividends paid or credited to policyholders on the direct business. See Utah Code 31A-28-203
• Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
• New business premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or offered, or that could have been charged or offered, by the carrier to covered insureds with similar case characteristics for newly issued health benefit plans with the same or similar coverage. See Utah Code 31A-30-103
• 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.
• Nominal fee: means a fee described in Utah Code 67-20-2
• Nominal fee: means a fee that reasonably reimburses a county only for time spent and expenses incurred in:
       (46)(a) verifying that building plans are identical plans; and
       (46)(b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 17-27a-103
• Nominated person: means a person whom the issuer:
       (11)(a) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and
       (11)(b) undertakes by agreement or custom and practice to reimburse. See Utah Code 70A-5-102
• nonadmitted insurer: means an insurer:
            (191)(a)(i) not holding a valid certificate of authority to do an insurance business in this state; or
            (191)(a)(ii) transacting business not authorized by a valid certificate. See Utah Code 31A-1-301
• Noncomplying structure: means a structure that:
       (47)(a) legally existed before the structure's current land use designation; and
       (47)(b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. See Utah Code 17-27a-103
• Nonconforming use: means a use of land that:
       (48)(a) legally existed before the current land use designation;
       (48)(b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and
       (48)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103
• Nondepartment enforcement agency: means an agency that:
       (78)(a)

            (78)(a)(i) is a state agency other than the department; or

            (78)(a)(ii) is an agency of a county, city, or town; and
       (78)(b) has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102
• Nondepartment enforcement officer: means an individual who is:
       (79)(a) a peace officer, examiner, or investigator; and
       (79)(b) employed by a nondepartment enforcement agency. See Utah Code 32B-1-102
• Nuisance activity: means :
       (1)(a) a judicial finding that a licensed establishment is a nuisance under Section 32B-4-208; or
       (1)(b) an act described in Section 32B-3-303. See Utah Code 32B-3-302
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Objecting governmental entity: means :
       (2)(a) a local government entity;
       (2)(b) a prosecutor's office; or
       (2)(c) a law enforcement agency. See Utah Code 32B-3-302
• 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.
• Obsolete: means a product that may be listed in national drug pricing compendia but is no longer available to be dispensed based on the expiration date of the last lot manufactured. See Utah Code 31A-46-102
• Ocean marine insurance: means insurance against loss of or damage to:
       (138)(a) ships or hulls of ships;
       (138)(b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
       (138)(c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
       (138)(d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
• Off-premise beer retailer: means a beer retailer who is:
            (80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
            (80)(a)(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
• Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License. See Utah Code 32B-1-102
• Off-premise retail manager: means an individual who manages operations at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act. See Utah Code 32B-1-701
• Off-premise retail staff: means an individual who sells beer at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act. See Utah Code 32B-1-701
• offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
• Office of the Legislative Fiscal Analyst: means the office created in Section 36-12-13. See Utah Code 67-1b-102
• Official map: means a map drawn by county authorities and recorded in the county recorder's office that:
       (49)(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
       (49)(b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
       (49)(c) has been adopted as an element of the county's general plan. See Utah Code 17-27a-103
• On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. See Utah Code 32B-1-102
• On-premise beer retailer: means a beer retailer who is:
       (83)(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
       (83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:

            (83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and

            (83)(b)(ii) on and after March 1, 2012, operating:

                 (83)(b)(ii)(A) as a tavern; or

                 (83)(b)(ii)(B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
• Opaque: means impenetrable to sight. See Utah Code 32B-1-102
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any of the following who resides in this state and seeks to enter into a life settlement:
            (12)(a)(i) the owner of a policy; or
            (12)(a)(ii) the holder of a certificate of a group policy. See Utah Code 31A-36-102
• Package agency: means a retail liquor location operated:
       (85)(a) under an agreement with the department; and
       (85)(b) by a person:

            (85)(b)(i) other than the state; and

            (85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
• Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
• Packaging: means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container. See Utah Code 32B-1-602
• Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
• Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 17-27a-523, if no additional parcel is created and:
            (51)(a)(i) none of the property identified in the agreement is a lot; or
            (51)(a)(ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 17-27a-103
• Parent: means a person that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding securities of an organization. See Utah Code 31A-37-102
• Participant: means an entity that is insured by a sponsored captive insurance company:
       (23)(a) if the losses of the participant are limited through a participant contract to the assets of a protected cell; and
       (23)(b)

            (23)(b)(i) the entity is permitted to be a participant under Section 31A-37-403; or

            (23)(b)(ii) the entity is an affiliate of an entity permitted to be a participant under Section 31A-37-403. See Utah Code 31A-37-102
• Participant: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• Participant contract: means a contract by which a sponsored captive insurance company:
       (24)(a) insures the risks of a participant; and
       (24)(b) limits the losses of the participant to the assets of a protected cell. See Utah Code 31A-37-102
• Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
• Participation agreement: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• 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.
• Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
       (87)(a) a customer;
       (87)(b) a member;
       (87)(c) a guest;
       (87)(d) an attendee of a banquet or event;
       (87)(e) an individual who receives room service;
       (87)(f) a resident of a resort; or
       (87)(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
• Performing arts facility: means a multi-use performance space that:
            (88)(a)(i) is primarily used to present various types of performing arts, including dance, music, and theater;
            (88)(a)(ii) contains over 2,500 seats;
            (88)(a)(iii) is owned and operated by a governmental entity; and
            (88)(a)(iv) is located in a city of the first class. See Utah Code 32B-1-102
• Permittee: means a person issued a permit under:
       (89)(a) Chapter 9, Event Permit Act; or
       (89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
• Person: means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity. See Utah Code 31A-31-102
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person subject to administrative action: means :
       (90)(a) a licensee;
       (90)(b) a permittee;
       (90)(c) a manufacturer;
       (90)(d) a supplier;
       (90)(e) an importer;
       (90)(f) one of the following holding a certificate of approval:

            (90)(f)(i) an out-of-state brewer;

            (90)(f)(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or

            (90)(f)(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
       (90)(g) staff of:

            (90)(g)(i) a person listed in Subsections (90)(a) through (f); or

            (90)(g)(ii) a package agent. See Utah Code 32B-1-102
• Personal information: means a person's first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or date element is unencrypted or not protected by another method that renders the data unreadable or unusable:
            (4)(a)(i) Social Security number;
            (4)(a)(ii)

                 (4)(a)(ii)(A) financial account number, or credit or debit card number; and

                 (4)(a)(ii)(B) any required security code, access code, or password that would permit access to the person's account; or
            (4)(a)(iii) driver license number or state identification card number. See Utah Code 13-44-102
• Personal lines policy: means an insurance policy issued to an individual that:
       (8)(a) insures a motor vehicle used for personal purposes and not used in trade or business; or
       (8)(b) insures a residential dwelling. See Utah Code 31A-28-203
• 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
• Pharmaceutical facility: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Pharmaceutical manufacturer: means a pharmaceutical facility that manufactures prescription drugs. See Utah Code 31A-46-102
• Pharmacist: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Pharmacy: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Pharmacy benefit manager: means a person licensed under this chapter to provide a pharmacy benefits management service. See Utah Code 31A-46-102
• Pharmacy benefits management service: means any of the following services provided to a health benefit plan, or to a participant of a health benefit plan:
       (21)(a) negotiating the amount to be paid by a health benefit plan for a prescription drug; or
       (21)(b) administering or managing a prescription drug benefit provided by the health benefit plan for the benefit of a participant of the health benefit plan, including administering or managing:

            (21)(b)(i) an out-of-state mail service pharmacy;

            (21)(b)(ii) a specialty pharmacy;

            (21)(b)(iii) claims processing;

            (21)(b)(iv) payment of a claim;

            (21)(b)(v) retail network management;

            (21)(b)(vi) clinical formulary development;

            (21)(b)(vii) clinical formulary management services;

            (21)(b)(viii) rebate contracting;

            (21)(b)(ix) rebate administration;

            (21)(b)(x) a participant compliance program;

            (21)(b)(xi) a therapeutic intervention program;

            (21)(b)(xii) a disease management program; or

            (21)(b)(xiii) a service that is similar to, or related to, a service described in Subsection (21)(a) or (21)(b)(i) through (xii). See Utah Code 31A-46-102
• Pharmacy service: means a product, good, or service provided to an individual by a pharmacy or pharmacist. See Utah Code 31A-46-102
• Pharmacy service entity: means :
       (25)(a) a pharmacy services administration organization; or
       (25)(b) a pharmacy benefit manager. See Utah Code 31A-46-102
• Pharmacy services administration organization: means an entity that contracts with a pharmacy to assist with third-party payer interactions and administrative services related to third-party payer interactions, including:
       (24)(a) contracting with a pharmacy benefit manager on behalf of the pharmacy; and
       (24)(b) managing a pharmacy's claims payments from third-party payers. See Utah Code 31A-46-102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan for moderate income housing: means a written document adopted by a county legislative body that includes:
       (53)(a) an estimate of the existing supply of moderate income housing located within the county;
       (53)(b) an estimate of the need for moderate income housing in the county for the next five years;
       (53)(c) a survey of total residential land use;
       (53)(d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
       (53)(e) a description of the county's program to encourage an adequate supply of moderate income housing. See Utah Code 17-27a-103
• Plan year: means :
       (149)(a) the year that is designated as the plan year in:

            (149)(a)(i) the plan document of a group health plan; or

            (149)(a)(ii) a summary plan description of a group health plan;
       (149)(b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:

            (149)(b)(i) the year used to determine deductibles or limits;

            (149)(b)(ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or

            (149)(b)(iii) the employer's taxable year if:

                 (149)(b)(iii)(A) the plan does not impose deductibles or limits on a yearly basis; and

                 (149)(b)(iii)(B)

                      (149)(b)(iii)(B)(I) the plan is not insured; or

                      (149)(b)(iii)(B)(II) the insurance policy is not renewed on an annual basis; or
       (149)(c) in a case not described in Subsection (149)(a) or (b), the calendar year. See Utah Code 31A-1-301
• Planning advisory area: means a contiguous, geographically defined portion of the unincorporated area of a county established under this part with planning and zoning functions as exercised through the planning advisory area planning commission, as provided in this chapter, but with no legal or political identity separate from the county and no taxing authority. See Utah Code 17-27a-103
• Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Policy: means :
       (13)(a) an individual or group life insurance policy;
       (13)(b) an individual or group annuity policy;
       (13)(c) a group life insurance certificate;
       (13)(d) a group annuity certificate; or
       (13)(e) a life insurance policy or an annuity policy, whether or not delivered or issued for delivery in Utah:

            (13)(e)(i) affecting the rights of a resident of Utah; or

            (13)(e)(ii) bearing a reasonable relation to Utah. See Utah Code 31A-36-102
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
• Political subdivision: means a district, school district, or any other political subdivision of the state that is not an agency, but does not include a municipality or a county. See Utah Code 67-16-3
• Political subdivision employee: means an employee of a political subdivision of the state. See Utah Code 67-21-2
• Potential geologic hazard area: means an area that:
       (56)(a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
       (56)(b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 17-27a-103
• 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 Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
• 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.
• Preference eligible: means :
            (1)(c)(i) any individual who is a veteran or service member;
            (1)(c)(ii) an individual with a disability, regardless of the percentage of disability;
            (1)(c)(iii) the spouse or surviving spouse of a veteran or service member;
            (1)(c)(iv) a purple heart recipient; or
            (1)(c)(v) a retired member of the armed forces. See Utah Code 71A-2-101
• Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
• Premium: includes , however designated:
            (156)(b)(i) an assessment;
            (156)(b)(ii) a membership fee;
            (156)(b)(iii) a required contribution; or
            (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
• Premium: means money paid by covered insureds and covered individuals as a condition of receiving coverage from a covered carrier, including fees or other contributions associated with the health benefit plan. See Utah Code 31A-30-103
• Premium: means the specified monetary amount used to purchase a bail bond. See Utah Code 31A-35-102
• Premium finance loan: is a loan made primarily for the purpose of making premium payments on a policy if the loan is secured by an interest in the policy. See Utah Code 31A-36-102
• Prescription: means an order issued by a health care practitioner when:
       (92)(a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
       (92)(b) the order is made in the course of that health care practitioner's professional practice; and
       (92)(c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
• Prescription device: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Prescription drug: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Presentation: means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. See Utah Code 70A-5-102
• Presenter: means a person making a presentation as or on behalf of a beneficiary or nominated person. See Utah Code 70A-5-102
• 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.
• Prevention: is a s defined by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the Division of Integrated Healthcare within the Department of Health and Human Services. See Utah Code 32B-2-402
• Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
• Principal: means a person that:
       (10)(a) guarantees the performance of a bail bond; or
       (10)(b) owns not less than 10% of the bail bond agency. See Utah Code 31A-35-102
• Principal license: means :
       (94)(a) a resort license;
       (94)(b) a hotel license; or
       (94)(c) an arena license. See Utah Code 32B-1-102
• Private event: means a specific social, business, or recreational event:
            (95)(a)(i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and
            (95)(a)(ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
• Privately sponsored event: means a specific social, business, or recreational event:
       (96)(a) that is held in or on the premises of an on-premise banquet licensee; and
       (96)(b) to which entry is restricted by an admission fee. See Utah Code 32B-1-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
• Product: means an alcoholic product or item associated with an alcoholic product. See Utah Code 32B-4-702
• Professional employer agreement: means a written contract by and between a client and a professional employer organization that provides for:
       (15)(a) the coemployment of a covered employee;
       (15)(b) with respect to a covered employee, the allocation of a right or obligation of an employer between:

            (15)(b)(i) the client; and

            (15)(b)(ii) the professional employer organization; and
       (15)(c) the assumption of the obligations imposed by this chapter by:

            (15)(c)(i) the client; or

            (15)(c)(ii) the professional employer organization. See Utah Code 31A-40-102
• professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
• Professional employer organization group: means two or more professional employer organizations that are majority owned or commonly controlled or directed by the same one or more persons. See Utah Code 31A-40-102
• Professional employer service: means the service of entering into a coemployment relationship under this chapter under which all or a majority of the employees who provide a service to a client, or a division or work unit of a client, are covered employees. See Utah Code 31A-40-102
• program: means one of the following programs:
       (10)(a) a program established by an employer in which the employer:

            (10)(a)(i) purchases a qualified higher deductible health plan for the benefit of an employee and the employee's dependents; and

            (10)(a)(ii) contributes on behalf of an employee into a medical care savings account; or
       (10)(b) a program established by an account holder in which the account holder:

            (10)(b)(i) purchases a qualified higher deductible health plan for the benefit of the account holder and the account holder's dependents; and

            (10)(b)(ii) contributes an amount to the medical care savings account. See Utah Code 31A-32a-102
• Proof of age: means :
            (97)(a)(i) an identification card;
            (97)(a)(ii) an identification that:

                 (97)(a)(ii)(A) is substantially similar to an identification card;

                 (97)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;

                 (97)(a)(ii)(C) includes date of birth; and

                 (97)(a)(ii)(D) has a picture affixed;
            (97)(a)(iii) a valid driver license certificate that:

                 (97)(a)(iii)(A) includes date of birth;

                 (97)(a)(iii)(B) has a picture affixed; and

                 (97)(a)(iii)(C) is issuedunder Title 53, Chapter 3, Uniform Driver License Act, in accordance with the laws of the state in which it is issued, orin accordance with federal law by the United States Department of State;
            (97)(a)(iv) a military identification card that:

                 (97)(a)(iv)(A) includes date of birth; and

                 (97)(a)(iv)(B) has a picture affixed; or
            (97)(a)(v) a valid passport. See Utah Code 32B-1-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected cell: means a separate account established and maintained by a sponsored captive insurance company for one participant. See Utah Code 31A-37-102
• Provider: means :
            (9)(a)(i) the owner of a facility;
            (9)(a)(ii) a person, other than a resident, that claims a possessory interest in a facility; or
            (9)(a)(iii) a person who enters into a continuing care contract with a resident or potential resident. See Utah Code 31A-44-102
• Provider disclosure statement: means , for a given provider, the disclosure statement described in Section 31A-44-301. See Utah Code 31A-44-102
• Provisions applicable to a sublicense: means :
       (98)(a) for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
       (98)(b) for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
       (98)(c) for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License;
       (98)(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License;
       (98)(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
       (98)(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
       (98)(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and
       (98)(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
• Public agency: means :
       (57)(a) the federal government;
       (57)(b) the state;
       (57)(c) a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
       (57)(d) a charter school. See Utah Code 17-27a-103
• Public body: means any of the following:
       (11)(a) a state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution, or any other body in the executive branch of state government;
       (11)(b) an agency, board, commission, council, institution member, or employee of the legislative branch of state government;
       (11)(c) a county, city, town, regional governing body, council, school district, special district, special service district, or municipal corporation, board, department, commission, council, agency, or any member or employee of them;
       (11)(d) any other body that is created by state or local authority, or that is primarily funded by or through state or local authority, or any member or employee of that body;
       (11)(e) a law enforcement agency or any member or employee of a law enforcement agency; and
       (11)(f) the judiciary and any member or employee of the judiciary. See Utah Code 67-21-2
• Public building: means a building or permanent structure that is:
            (99)(a)(i) owned or leased by:

                 (99)(a)(i)(A) the state; or

                 (99)(a)(i)(B) a local government entity; and
            (99)(a)(ii) used for:

                 (99)(a)(ii)(A) public education;

                 (99)(a)(ii)(B) transacting public business; or

                 (99)(a)(ii)(C) regularly conducting government activities. See Utah Code 32B-1-102
• Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public employee: means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by:
            (14)(a)(i) the state;
            (14)(a)(ii) a political subdivision of the state; or
            (14)(a)(iii) an association as defined in Section 53G-7-1101. See Utah Code 67-16-3
• Public entity: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-21-2
• Public entity employee: means an employee of a public entity. See Utah Code 67-21-2
• Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
• Public officer: includes a special public officer. See Utah Code 67-16-3
• Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 17-27a-103
• Pure captive insurance company: means a business entity that insures risks of a parent or affiliate of the business entity. See Utah Code 31A-37-102
• Qualified actuary: means an individual who:
       (19)(a) is a member in good standing of a professional actuarial accreditation organization designated by the department by rule;
       (19)(b) is qualified to sign a statement of actuarial opinion or annual statement for a professional employer organization in accordance with the qualification standards for an actuary signing an opinion or annual statement as provided by the professional actuarial accreditation organization designated under Subsection (19)(a);
       (19)(c) is familiar with the valuation requirements applicable to a professional employer organization;
       (19)(d) has not been found by the commissioner, or if so found has subsequently been reinstated as a qualified actuary, following appropriate notice and hearing to have:

            (19)(d)(i) violated a provision of, or an obligation imposed by, statute or other law in the course of the actuary's dealings as a qualified actuary;

            (19)(d)(ii) been found guilty of a fraudulent or dishonest practice;

            (19)(d)(iii) demonstrated the actuary's incompetency, lack of cooperation, or untrustworthiness to act as a qualified actuary;

            (19)(d)(iv) submitted to the commissioner during the past five years, pursuant to this rule, an actuarial opinion or memorandum that the commissioner rejected because it did not meet the provisions of rule; or

            (19)(d)(v) resigned or been removed as an actuary within the past five years as a result of an act or omission indicated in an adverse report on examination or as a result of failure to adhere to a generally acceptable actuarial standard; and
       (19)(e) has not failed to notify the commissioner of an action taken by any commissioner of another state similar to that under Subsection (19)(d). See Utah Code 31A-40-102
• Qualified higher deductible health plan: means a health coverage policy, certificate, or contract that:
       (11)(a) provides for payments for covered benefits that exceed the higher deductible; and
       (11)(b) is purchased by:

            (11)(b)(i) an employer for the benefit of an employee for whom the employer makes deposits into a medical care savings account; or

            (11)(b)(ii) an account holder. See Utah Code 31A-32a-102
• Qualified participant: means an individual:
       (3)(a) eligible for coverage under the state program in accordance with Section 31A-38-103; and
       (3)(b) qualified by the Internal Revenue Service and the Department of the United States Treasury to participate in the federal health coverage tax credit program. See Utah Code 31A-38-102
• Quorum: The number of legislators that must be present to do business.
• Rate: means :
            (163)(a)(i) the cost of a given unit of insurance; or
            (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

                 (163)(a)(ii)(A) a single number; or

                 (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

                      (163)(a)(ii)(B)(I) expenses;

                      (163)(a)(ii)(B)(II) profit; and

                      (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
• Rating period: means the calendar period for which premium rates established by a covered carrier are assumed to be in effect, as determined by the carrier. See Utah Code 31A-30-103
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Reasonable benefits: includes , in accordance with Utah Code 67-20-2
• Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
            (166)(a)(i) a refund of premium or portion of premium;
            (166)(a)(ii) a refund of commission or portion of commission;
            (166)(a)(iii) a refund of all or a portion of a consultant fee; or
            (166)(a)(iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
• Rebate: means a refund, discount, or other price concession that is paid by a pharmaceutical manufacturer to a pharmacy benefit manager based on a prescription drug's utilization or effectiveness. See Utah Code 31A-46-102
• Receiving zone: means an unincorporated area of a county that the county designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 17-27a-103
• Reception center: means a business that:
       (101)(a) operates facilities that are at least 5,000 square feet; and
       (101)(b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
• Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License. See Utah Code 32B-1-102
• Recess: A temporary interruption of the legislative business.
• Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 67-1b-102
• Record: means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70A-5-102
• Record: includes :
            (103)(b)(i) a book;
            (103)(b)(ii) a book of account;
            (103)(b)(iii) a paper;
            (103)(b)(iv) a contract;
            (103)(b)(v) an agreement;
            (103)(b)(vi) a document; or
            (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
• Record: includes materials maintained in any form, including paper and electronic. See Utah Code 13-44-102
• Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 17-27a-103
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Reimbursement report: means a report on the adjustment in total compensation for a claim. See Utah Code 31A-46-102
• Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
• Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
• Related provider trust: means a trust established by a licensed life settlement provider or a financing entity solely to hold the ownership of or beneficial interests in purchased policies in connection with financing. See Utah Code 31A-36-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Reservation agreement: means an agreement that requires the payment of a deposit to reserve a living unit for a prospective resident. See Utah Code 31A-44-102
• Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
• Residence: means , for entities other than a natural person, the state where the principal place of business of a claimant, insured, or policyholder is located at the time of the insured event. See Utah Code 31A-28-203
• Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
• Residential facility for persons with a disability: means a residence:
       (63)(a) in which more than one person with a disability resides; and
       (63)(b) which is licensed or certified by the Department of Health and Human Services under:

            (63)(b)(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or

            (63)(b)(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 17-27a-103
• Residential roadway: means a public local residential road that:
       (64)(a) will serve primarily to provide access to adjacent primarily residential areas and property;
       (64)(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
       (64)(c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
       (64)(d) has a posted speed limit of 25 miles per hour or less;
       (64)(e) does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
       (64)(f) cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and
       (64)(g) primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 17-27a-103
• Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
• Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
• Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
• Responsible alcohol service plan: means a written set of policies and procedures that outlines measures to prevent employees from:
       (109)(a) over-serving alcoholic beverages to customers;
       (109)(b) serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and
       (109)(c) serving alcoholic beverages to minors. See Utah Code 32B-1-102
• Restaurant: means a business location:
       (110)(a) at which a variety of foods are prepared;
       (110)(b) at which complete meals are served; and
       (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
• Restaurant license: means one of the following licenses issued under this title:
       (111)(a) a full-service restaurant license;
       (111)(b) a limited-service restaurant license; or
       (111)(c) a beer-only restaurant license. See Utah Code 32B-1-102
• Restaurant venue: means a room within a restaurant that:
       (112)(a) is located on the licensed premises of a restaurant licensee;
       (112)(b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and
       (112)(c)

            (112)(c)(i) has at least 1,000 square feet that:

                 (112)(c)(i)(A) may be reserved for a banquet; and

                 (112)(c)(i)(B) accommodates at least 75 individuals; or

            (112)(c)(ii) if the restaurant is located in a small or unincorporated locality, has an appropriate amount of space, as determined by the commission, that may be reserved for a banquet. See Utah Code 32B-1-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted area: means a place where an alcoholic product is sold or consumed, but where under this title a minor is not permitted. See Utah Code 32B-1-402
• Retail license: means one of the following licenses issued under this title:
       (113)(a) a full-service restaurant license;
       (113)(b) a master full-service restaurant license;
       (113)(c) a limited-service restaurant license;
       (113)(d) a master limited-service restaurant license;
       (113)(e) a bar establishment license;
       (113)(f) an airport lounge license;
       (113)(g) an on-premise banquet license;
       (113)(h) an on-premise beer license;
       (113)(i) a reception center license;
       (113)(j) a beer-only restaurant license;
       (113)(k) a hospitality amenity license;
       (113)(l) a resort license;
       (113)(m) a hotel license; or
       (113)(n) an arena license. See Utah Code 32B-1-102
• Retail manager: means an individual who:
       (3)(a) manages operations at a premises that is licensed under Chapter 5, Retail License Act; or
       (3)(b) supervises the furnishing of an alcoholic product at a premises that is licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701
• Retail pharmacy: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
• Retail staff: means an individual who serves an alcoholic product at a premises licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701
• Retailer: means :
       (4)(a) the holder of a license or permit issued by the commission or by a local authority to allow the holder to engage in the sale of an alcoholic product to a patron whether for consumption on or off the premises; or
       (4)(b) an agent, officer, director, shareholder, partner, or employee of a holder described in Subsection (4)(a). See Utah Code 32B-4-702
• Retaliatory action: means the same as that term is defined in Section 67-19a-101. See Utah Code 67-21-2
• Retrocession: means reinsurance with another insurer of a liability assumed under a reinsurance contract. See Utah Code 31A-1-301
• Rider: means an endorsement to:
       (173)(a) an insurance policy; or
       (173)(b) an insurance certificate. See Utah Code 31A-1-301
• 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
• Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
       (114)(a) hotel; or
       (114)(b) resort facility. See Utah Code 32B-1-102
• Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
       (65)(a) parliamentary order and procedure;
       (65)(b) ethical behavior; and
       (65)(c) civil discourse. See Utah Code 17-27a-103
• Runner: includes :
            (6)(b)(i) a capper; or
            (6)(b)(ii) a steerer. See Utah Code 31A-31-102
• Sale: means a prescription drug or prescription device claim covered by a health benefit plan. See Utah Code 31A-46-102
• Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103
• School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
            (115)(a)(i) elementary school;
            (115)(a)(ii) secondary school; or
            (115)(a)(iii) kindergarten. See Utah Code 32B-1-102
• Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
• Secondary medical condition: means a complication related to an exclusion from coverage in accident and health insurance. See Utah Code 31A-1-301
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• Self-insurance: includes :
            (178)(b)(i) an arrangement under which a governmental entity undertakes to indemnify an employee for liability arising out of the employee's employment; and
            (178)(b)(ii) an arrangement under which a person with a managed program of self-insurance and risk management undertakes to indemnify the person's affiliate, subsidiary, director, officer, or employee for liability or risk that arises out of the person's relationship with the affiliate, subsidiary, director, officer, or employee. See Utah Code 31A-1-301
• Sell: means to exchange a contract of insurance:
       (179)(a) by any means;
       (179)(b) for money or its equivalent; and
       (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
• Sending zone: means an unincorporated area of a county that the county designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 17-27a-103
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
• Service member: means a currently serving member of the armed forces. See Utah Code 71A-1-101
• Service of process: The service of writs or summonses to the appropriate party.
• Service provider: means :
       (7)(a) an individual licensed to practice law;
       (7)(b) an individual licensed or certified by the state under:

            (7)(b)(i) this title;

            (7)(b)(ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;

            (7)(b)(iii) Title 58, Occupations and Professions; or

            (7)(b)(iv) Title 61, Securities Division - Real Estate Division;
       (7)(c) an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);
       (7)(d) an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or
       (7)(e) a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance. See Utah Code 31A-31-102
• Settled policy: means a policy that is acquired by a life settlement provider pursuant to a life settlement. See Utah Code 31A-36-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexually oriented entertainer: means a person who while in a state of seminudity appears at or performs:
       (119)(a) for the entertainment of one or more patrons;
       (119)(b) on the premises of:

            (119)(b)(i) a bar licensee; or

            (119)(b)(ii) a tavern;
       (119)(c) on behalf of or at the request of the licensee described in Subsection (119)(b);
       (119)(d) on a contractual or voluntary basis; and
       (119)(e) whether or not the person is designated as:

            (119)(e)(i) an employee;

            (119)(e)(ii) an independent contractor;

            (119)(e)(iii) an agent of the licensee; or

            (119)(e)(iv) a different type of classification. See Utah Code 32B-1-102
• Shared seating area: means the licensed premises of two or more restaurant licensees that the restaurant licensees share as an area for alcoholic beverage consumption in accordance with Subsection 32B-5-207(3). See Utah Code 32B-1-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Single event permit: means a permit issued in accordance with Chapter 9, Part 3, Single Event Permit. See Utah Code 32B-1-102
• Site plan: means a document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. See Utah Code 17-27a-103
• Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
       (122)(a) if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and
       (122)(b) excluding beer, heavy beer, or flavored malt beverage the brewer:

            (122)(b)(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

            (122)(b)(ii) does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102
• Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
            (182)(a)(i)

                 (182)(a)(i)(A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or

                 (182)(a)(i)(B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
            (182)(a)(ii) employs at least one employee on the first day of the plan year; and
            (182)(a)(iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under Utah Code 31A-1-301
• Small employer carrier: means a carrier that provides health benefit plans covering eligible employees of one or more small employers in this state, regardless of whether:
       (19)(a) coverage is offered through:

            (19)(a)(i) an association;

            (19)(a)(ii) a trust;

            (19)(a)(iii) a discretionary group; or

            (19)(a)(iv) other similar grouping; or
       (19)(b) the policy or contract is situated out-of-state. See Utah Code 31A-30-103
• Small or unincorporated locality: means :
       (123)(a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
       (123)(b) a town, as classified under Section 10-2-301; or
       (123)(c) an unincorporated area in a county of the third, fourth, or fifth class, as classified under Section 17-50-501. See Utah Code 32B-1-102
• Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1
• Spa sublicense: means a sublicense:
       (124)(a) to a resort license or hotel license; and
       (124)(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
• Special district: includes a governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 17-27a-103
• Special public officer: means a public officer who is an elected or appointed member of:
       (16)(a) the board of trustees of a special district or the governing body of a special service district, if the special district or the special service district has an annual budget that is equal to or exceeds 10 times the revenue and expenditure amount described in Subsection 51-2a-201(1); or
       (16)(b) a local school board. See Utah Code 67-16-3
• Special purpose entity: means an entity formed by a licensed life settlement provider solely to enable the life settlement provider to gain access to institutional markets for capital. See Utah Code 31A-36-102
• Special purpose financial captive insurance company: means the same as that term is defined in Section 31A-37a-102. See Utah Code 31A-37-102
• Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
• Specified public agency: means :
       (70)(a) the state;
       (70)(b) a school district; or
       (70)(c) a charter school. See Utah Code 17-27a-103
• Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 17-27a-103
• Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
• Sponsor: means an entity that:
       (28)(a) meets the requirements of Section 31A-37-402; and
       (28)(b) is approved by the commissioner to:

            (28)(b)(i) provide all or part of the capital and surplus required by applicable law in an amount of not less than $350,000, which amount the commissioner may increase by order if the commissioner considers it necessary; and

            (28)(b)(ii) organize and operate a sponsored captive insurance company. See Utah Code 31A-37-102
• Sponsored captive insurance company: means a captive insurance company:
       (29)(a) in which the minimum capital and surplus required by applicable law is provided by one or more sponsors;
       (29)(b) that is formed or holding a certificate of authority under this chapter;
       (29)(c) that insures the risks of a separate participant through the contract; and
       (29)(d) that segregates each participant's liability through one or more protected cells. See Utah Code 31A-37-102
• Sports center: is a s defined by the commission by rule. See Utah Code 32B-1-102
• Staff: includes :
            (128)(b)(i) an officer;
            (128)(b)(ii) a director;
            (128)(b)(iii) an employee;
            (128)(b)(iv) personnel management;
            (128)(b)(v) an agent of the licensee, including a managing agent;
            (128)(b)(vi) an operator; or
            (128)(b)(vii) a representative. See Utah Code 32B-1-102
• State: means :
       (10)(a) a state, territory, or possession of the United States;
       (10)(b) the District of Columbia; or
       (10)(c) the Commonwealth of Puerto Rico. See Utah Code 70D-1-102
• State: means the state of Utah. See Utah Code 67-16-3
• State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
• State agency: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-27-102
• State entity: includes independent state agencies and public corporations. See Utah Code 67-4-2
• State funds: includes funds of independent state agencies or public corporations, regardless of the source of funds. See Utah Code 67-4-2
• State institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 67-21-2
• State lands: means all lands administered by the division. See Utah Code 65A-1-1
• State of nudity: means :
       (129)(a) the appearance of:

            (129)(a)(i) the nipple or areola of a female human breast;

            (129)(a)(ii) a human genital;

            (129)(a)(iii) a human pubic area; or

            (129)(a)(iv) a human anus; or
       (129)(b) a state of dress that fails to opaquely cover:

            (129)(b)(i) the nipple or areola of a female human breast;

            (129)(b)(ii) a human genital;

            (129)(b)(iii) a human pubic area; or

            (129)(b)(iv) a human anus. See Utah Code 32B-1-102
• State of seminudity: means a state of dress in which opaque clothing covers no more than:
       (130)(a) the nipple and areola of the female human breast in a shape and color other than the natural shape and color of the nipple and areola; and
       (130)(b) the human genitals, pubic area, and anus:

            (130)(b)(i) with no less than the following at its widest point:

                 (130)(b)(i)(A) four inches coverage width in the front of the human body; and

                 (130)(b)(i)(B) five inches coverage width in the back of the human body; and

            (130)(b)(ii) with coverage that does not taper to less than one inch wide at the narrowest point. See Utah Code 32B-1-102
• State official: means :
       (3)(a) a member of the Legislature;
       (3)(b) the governor;
       (3)(c) the lieutenant governor;
       (3)(d) the state auditor;
       (3)(e) the state treasurer; and
       (3)(f) the attorney general. See Utah Code 67-24-102
• State program: means the program established under this chapter:
       (4)(a) to implement the federal health coverage tax credit program; and
       (4)(b) for qualified participants. See Utah Code 31A-38-102
• State store: means a facility for the sale of packaged liquor:
            (131)(a)(i) located on premises owned or leased by the state; and
            (131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102
• Statement: includes any:
       (8)(a)

            (8)(a)(i) notice;

            (8)(a)(ii) statement;

            (8)(a)(iii) proof of loss;

            (8)(a)(iv) bill of lading;

            (8)(a)(v) receipt for payment;

            (8)(a)(vi) invoice;

            (8)(a)(vii) account;

            (8)(a)(viii) estimate of property damage;

            (8)(a)(ix) bill for services;

            (8)(a)(x) diagnosis;

            (8)(a)(xi) prescription;

            (8)(a)(xii) hospital or doctor record;

            (8)(a)(xiii) x-ray;

            (8)(a)(xiv) test result; or

            (8)(a)(xv) other evidence of loss, injury, or expense; or
       (8)(b) item listed in Subsection (8)(a) that is a computer-generated document. See Utah Code 31A-31-102
• Statement of age: means a statement signed under Section 32B-1-405 verifying the age of the person signing the statement. See Utah Code 32B-1-402
• Statute: A law passed by a legislature.
• Stock corporation: means a stock insurance corporation. See Utah Code 31A-1-301
• Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
• Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
• Stranger-originated life insurance: includes when:
            (18)(b)(i) a policy is purchased with resources or guarantees from or through a person who, at the time of policy origination, could not lawfully initiate the policy itself; and
            (18)(b)(ii) at the time of policy origination, there is an agreement, whether oral or written, to directly or indirectly transfer to a third party the ownership of a policy, policy benefits, or both. See Utah Code 31A-36-102
• Subdivision: includes :
            (73)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
            (73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103
• Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 17-27a-608 that:
            (74)(a)(i) vacates all or a portion of the subdivision;
            (74)(a)(ii) alters the outside boundary of the subdivision;
            (74)(a)(iii) changes the number of lots within the subdivision;
            (74)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
            (74)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 17-27a-103
• Sublicense: means :
       (133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:

            (133)(a)(i) a full-service restaurant license;

            (133)(a)(ii) a limited-service restaurant license;

            (133)(a)(iii) a bar establishment license;

            (133)(a)(iv) an on-premise banquet license;

            (133)(a)(v) an on-premise beer retailer license;

            (133)(a)(vi) a beer-only restaurant license; or

            (133)(a)(vii) a hospitality amenity license; or
       (133)(b) a spa sublicense. See Utah Code 32B-1-102
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2). See Utah Code 32B-2-701
• Subscription program: means the wine subscription program established in Section 32B-2-702. See Utah Code 32B-2-701
• Substantial evidence: means evidence that:
       (75)(a) is beyond a scintilla; and
       (75)(b) a reasonable mind would accept as adequate to support a conclusion. See Utah Code 17-27a-103
• Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding capital stock of a corporation or a 10% interest in any other business entity. See Utah Code 67-16-3
• Successor of a beneficiary: means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver. See Utah Code 70A-5-102
• Summons: Another word for subpoena used by the criminal justice system.
• Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
• Surety insurer: means an insurer that:
       (11)(a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
       (11)(b) receives a certificate under this title; and
       (11)(c) sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Suspect soil: means soil that has:
       (76)(a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
       (76)(b) bedrock units with high shrink or swell susceptibility; or
       (76)(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. See Utah Code 17-27a-103
• taking: means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
       (1)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
       (1)(b) Utah Constitution Article I, § 22. See Utah Code 13-43-102
• Tavern: means an on-premise beer retailer who is:
       (135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
       (135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
• Tax commission: means the State Tax Commission created in Section 59-1-201. See Utah Code 17-27a-1201
• Tax increment: means the difference between:
            (11)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
            (11)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17-27a-1201
• Taxing entity: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. See Utah Code 32B-1-102
• Temporary domicile: means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely. See Utah Code 32B-1-102
• Temporary help service: means a service consisting of a person:
       (20)(a) recruiting and hiring the person's own employee;
       (20)(b) finding another person that wants the services of that employee;
       (20)(c) assigning the employee to:

            (20)(c)(i) perform services at or for the other person to support or supplement the other person's employees;

            (20)(c)(ii) provide assistance in a special work situation such as:

                 (20)(c)(ii)(A) an employee absence;

                 (20)(c)(ii)(B) a skill shortage; or

                 (20)(c)(ii)(C) a seasonal workload; or

            (20)(c)(iii) perform a special assignment or project; and
       (20)(d) customarily reassigning the employee to another organization when the employee finishes an assignment. See Utah Code 31A-40-102
• Terminally ill: means having a condition that reasonably may be expected to result in death within 24 months. See Utah Code 31A-36-102
• 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.
• Therapeutic school: means a residential group living facility:
       (77)(a) for four or more individuals who are not related to:

            (77)(a)(i) the owner of the facility; or

            (77)(a)(ii) the primary service provider of the facility;
       (77)(b) that serves students who have a history of failing to function:

            (77)(b)(i) at home;

            (77)(b)(ii) in a public school; or

            (77)(b)(iii) in a nonresidential private school; and
       (77)(c) that offers:

            (77)(c)(i) room and board; and

            (77)(c)(ii) an academic education integrated with:

                 (77)(c)(ii)(A) specialized structure and supervision; or

                 (77)(c)(ii)(B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. See Utah Code 17-27a-103
• Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
• Title insurance licensee: means :
       (3)(a) an agency title insurance producer; or
       (3)(b) an individual title insurance producer. See Utah Code 31A-41-102
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trade Reform Act: means the Trade Adjustment Assistance Reform Act of 2002, 107 P. See Utah Code 31A-38-102
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 17-27a-103
• Transition period: means the period of time beginning the day after the meeting of the board of canvassers under Section 20A-4-306 in a year in which the board of canvassers determines that the successful candidate for governor is an individual other than the incumbent governor, and ending on the first Monday of the next January. See Utah Code 67-1b-102
• Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
• Treasury rates: means the United States Treasury strip asked yield as published in the Wall Street Journal as of a balance sheet date. See Utah Code 31A-37-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• 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.
• Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
• Unethical conduct: means conduct that violates a provision of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act. See Utah Code 67-21-2
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uniformed services: means the same as that term is defined in Section Utah Code 71A-1-101
• Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unsaleable liquor merchandise: means a container that:
       (139)(a) is unsaleable because the container is:

            (139)(a)(i) unlabeled;

            (139)(a)(ii) leaky;

            (139)(a)(iii) damaged;

            (139)(a)(iv) difficult to open; or

            (139)(a)(v) partly filled;
       (139)(b)

            (139)(b)(i) has faded labels or defective caps or corks;

            (139)(b)(ii) has contents that are:

                 (139)(b)(ii)(A) cloudy;

                 (139)(b)(ii)(B) spoiled; or

                 (139)(b)(ii)(C) chemically determined to be impure; or

            (139)(b)(iii) contains:

                 (139)(b)(iii)(A) sediment; or

                 (139)(b)(iii)(B) a foreign substance; or
       (139)(c) is otherwise considered by the department as unfit for sale. See Utah Code 32B-1-102
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• 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
• Utah depository institution: means a depository institution, as defined in Section 7-1-103, that:
       (12)(a) has Utah as its home state; or
       (12)(b) operates a branch in Utah. See Utah Code 31A-35-102
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
       (4)(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
       (4)(b) January 1, 2019. See Utah Code 17-27a-1001
• Veteran: means the same as that term is defined in Section Utah Code 71A-1-101
• Veterans service organization: means an organization or individual accredited by the VA Office of General Counsel or recognized by the department whose purpose is to serve service members and veterans, their spouses, surviving spouses, and children. See Utah Code 71A-1-101
• Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2
• Volunteer facilitator: means a business or nonprofit organization that, from individuals who have a relationship with the business or nonprofit organization, such as membership or employment, provides volunteers to an agency or facilitates volunteers volunteering with an agency. See Utah Code 67-20-2
• Volunteer safety officer: means an individual who:
       (10)(a) provides services as a volunteer under the supervision of an agency; and
       (10)(b) at the time the individual provides the services to the supervising agency described in Subsection (10)(a), the individual is:

            (10)(b)(i) exercising peace officer authority as provided in Section 53-13-102; or

            (10)(b)(ii) if the supervising agency described in Subsection (10)(a) is a fire department:

                 (10)(b)(ii)(A) on the rolls of the supervising agency as a firefighter;

                 (10)(b)(ii)(B) not regularly employed as a firefighter by the supervising agency; and

                 (10)(b)(ii)(C) acting in a capacity that includes the responsibility for the extinguishment of fire. See Utah Code 67-20-2
• Volunteer search and rescue team member: means an individual who:
       (11)(a) provides services as a volunteer under the supervision of a county sheriff; and
       (11)(b) at the time the individual provides the services to the county sheriff described in Subsection (11)(a), is:

            (11)(b)(i) certified as a member of the county sheriff's search and rescue team; and

            (11)(b)(ii) acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2
• Warrant: means an order in a specific amount drawn upon the treasurer by the Division of Finance or another state agency. See Utah Code 67-4-2
• Water interest: means any right to the beneficial use of water, including:
       (80)(a) each of the rights listed in Section 73-1-11; and
       (80)(b) an ownership interest in the right to the beneficial use of water represented by:

            (80)(b)(i) a contract; or

            (80)(b)(ii) a share in a water company, as defined in Section Utah Code 17-27a-103
• Wholesale acquisition cost: means the same as that term is defined in Utah Code 31A-48-102
• Wine: includes :
            (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
• Wine subscription: means an arrangement in which a customer pays a recurring price at regular intervals for a product that involves the shipment or transportation of wine. See Utah Code 32B-2-701
• Wine subscription business: means a person that:
       (5)(a) sells or offers for sale a wine subscription; and
       (5)(b) contracts with the department to participate in the subscription program. See Utah Code 32B-2-701
• Winery manufacturing license: means a license issued in accordance with Chapter 11, Part 3, Winery Manufacturing License. See Utah Code 32B-1-102
• Working capital: means the current assets minus the current liabilities of a professional employer organization determined in accordance with generally accepted accounting principles. See Utah Code 31A-40-102
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of:
       (47)(a) the state;
       (47)(b) a court; or
       (47)(c) a judicial officer. See Utah Code 68-3-12.5
• Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 17-27a-103