Utah Code > Title 17 > Chapter 27a > Part 6 – Subdivisions
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Terms Used In Utah Code > Title 17 > Chapter 27a > Part 6 - Subdivisions
- 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
- 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- 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
- 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- 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
- 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 Section53G-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 Section31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- Agency head: means the chief executive or administrative officer of any agency. See Utah Code 67-16-3
- 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.
- 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.
- 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
- 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
- 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
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- benefit: means the 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
- board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
- Business entity: means 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
- Career service employee: means the same as that term is defined in Section 63A-17-102. See Utah Code 67-27-102
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- 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.
- 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.
- 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.
- 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
- 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.
- Cost share: means the amount paid by an insured customer under the customer's health benefit plan. See Utah Code 31A-46-102
- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-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 Section54-3-27 ;(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- 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
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Insurance Department. See Utah Code 31A-1-301
- 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
- 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
- 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
- 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
- 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
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- 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- 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- 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.
- 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) Section31A-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- 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.
- 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
- 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- Fraud: Intentional deception resulting in injury to another.
- 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- 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- 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 Section17D-1-301 ; or(8)(b) the administrative control board of a special service district, if the administrative control board has been appointed under Section17D-1-301 . See Utah Code 67-16-3- 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- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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
- 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 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- 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- 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
- Individual: means a natural person. See Utah Code 31A-1-301
- 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- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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 Subsection31A-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- 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- 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 the same as that term is defined in Section 31A-22-636. See Utah Code 31A-46-102
- 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- IRS aggregate amount: means the fixed or determinable income aggregate amount described in Utah Code 67-20-2
- Judicial employee: means an employee of the judicial branch of state government. See Utah Code 67-21-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 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- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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- 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- 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- 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
- 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.
- 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- Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
- 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
- Nominal fee: means a fee described in Utah Code 67-20-2
- 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
- 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.
- Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
- 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
- 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.
- 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- 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- 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 or57-8-13 . 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: 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- 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
- PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
- 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- 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
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
- 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 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 Section53G-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 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
- 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- 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 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
- 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 , or57-8-13 . See Utah Code 17-27a-103- Reimbursement report: means a report on the adjustment in total compensation for a claim. See Utah Code 31A-46-102
- 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.
- 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
- Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
- Retail pharmacy: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
- Retaliatory action: means the same as that term is defined in Section 67-19a-101. See Utah Code 67-21-2
- 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- 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
- 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- 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- 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.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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- 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 Subsection51-2a-201 (1); or(16)(b) a local school board. See Utah Code 67-16-3- 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: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State 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 institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 67-21-2
- 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- Statute: A law passed by a legislature.
- 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- 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
- Summons: Another word for subpoena used by the criminal justice system.
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- 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.
- 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
- 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
- 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- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5 - Accident and health insurance: means insurance to provide protection against economic losses resulting from: