Utah Code > Title 17B > Chapter 1 – Provisions Applicable to All Special Districts
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Terms Used In Utah Code > Title 17B > Chapter 1 - Provisions Applicable to All Special Districts
- Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
- Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75-11-102
- Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75A-6-102
- Account: means an account in a qualified ABLE program. See Utah Code 35A-12-102
- Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402 . See Utah Code 35A-16-401 - Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- 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 order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult: means an individual who is:
(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75-2a-103- Adult: means an individual who is 21 years old or older. See Utah Code 75A-8-102
- Adverse action: means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges. See Utah Code 34-48-102
- Adverse action: means :
(1)(a)(i) an action that results in:(1)(a)(i)(A) the refusal to hire a potential employee; or(1)(a)(i)(B) the termination of employment, demotion, or reduction of wages of an employee; or(1)(a)(ii) a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee. See Utah Code 34-56-101- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Advisory board executive committee: means the executive committee of the Agricultural Advisory Board created by Section 4-2-108. See Utah Code 73-20-2
- Affected county: means a county of the first, second, third, or fourth class in which a code blue event is anticipated. See Utah Code 35A-16-701
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliate: means the same as that term is defined in Section
16-6a-102 . See Utah Code 34A-5-102- 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 occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households. See Utah Code 35A-8-501
- Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
- Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102
- Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75A-6-102
- Aggregate daily expenditures: means :
(1)(a) for a single lobbyist, principal, or government officer, the total of all expenditures made within a calendar day by the lobbyist, principal, or government officer for the benefit of an individual public official;(1)(b) for an expenditure made by a member of a lobbyist group, the total of all expenditures made within a calendar day by every member of the lobbyist group for the benefit of an individual public official; or(1)(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient lobbyist within a calendar day for the benefit of an individual public official, regardless of whether the expenditures were attributed to different clients. See Utah Code 36-11-102- Agreement: means a short-term agreement or a long-term agreement. See Utah Code 73-10d-3
- Allegation: something that someone says happened.
- Allocated volume cap: means a volume cap for which:
(1)(a) a certificate of allocation is in effect; or(1)(b) bonds have been issued. See Utah Code 35A-8-2102- Allotment accounts: means the various accounts created in Section 35A-8-2106. See Utah Code 35A-8-2102
- 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.
- Anchored: means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline. See Utah Code 73-18-2
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Applicable area: means :
(1)(a) for a county, the unincorporated area of the county that is included within the proposed special district; or(1)(b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201- Applicable area: means :
(1)(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or(1)(b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401- Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
- Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501
- Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
- Applicant: means an individual who provides information to a public employer or private employer for the purpose of obtaining employment. See Utah Code 34-52-102
- Applicant: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
- Application: means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. See Utah Code 75-1-201 v2
- Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
- Appraisal: A determination of property value.
- Apprentice: means an individual who has entered into:
(1)(a) a written agreement approved by the Office of Apprenticeship with an employer or the employer's agent, an association of employers, an organization of employees, or a joint committee representing employers and employees;(1)(b) an apprenticeship that meets Office of Apprenticeship standards; or(1)(c) an apprenticeship that can be completed at no charge to the participant where the participant learns and works with registered standards to learn a set of skills that result in the participant qualifying for a state license or certification or earning industry recognized credentials at the completion of the apprenticeship. See Utah Code 35A-6-102- Apprenticeship: means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section
35A-6-102 . See Utah Code 34A-5-102- Apprenticeship: means an industry-driven, high-quality career pathway where employers can develop and prepare their future workforce, and individuals can obtain paid work experience, classroom instruction, and a portable, nationally recognized credential. See Utah Code 35A-6-102
- 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
- Appropriation: means an allocation of money by the board of trustees for a specific purpose. See Utah Code 17B-1-601
- Approved activity: means an event, a tour, or a meeting:
(2)(a)(2)(a)(i) to which a legislator or another nonexecutive branch public official is invited; and(2)(a)(ii) attendance at which is approved by:(2)(a)(ii)(A) the speaker of the House of Representatives, if the public official is a member of the House of Representatives or another nonexecutive branch public official; or(2)(a)(ii)(B) the president of the Senate, if the public official is a member of the Senate or another nonexecutive branch public official; or(2)(b)(2)(b)(i) to which a public official who holds a position in the executive branch of state government is invited; and(2)(b)(ii) attendance at which is approved by the governor or the lieutenant governor. See Utah Code 36-11-102- Approved self-reliance training: means an educational class, training session, or counseling session:
(4)(a) approved by the department;(4)(b) described in Section 35A-3-118; and(4)(c) provided at no cost to a client. See Utah Code 35A-3-102- APRN: means an individual who is:
(4)(a) certified or licensed as an advance practice registered nurse under Subsection58-31b-301 (2)(e);(4)(b) an independent practitioner; and(4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103- Area of operation: means :
(1)(a) in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or(1)(b) in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city. See Utah Code 35A-8-401- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 75A-7-102
- Assignment of support: means the transfer to the state of a recipient's right to receive support from another person that accrues during the period the recipient receives public assistance, including a right to receive support on behalf of any family member for whom the recipient is applying for or receiving assistance. See Utah Code 35A-3-102
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 13-68-101
- authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401
- Authorized provider: means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with Part 5, Winter Response Plan Requirements. See Utah Code 35A-16-401
- Automatic renewal provision: means a provision under a contract that is automatically renewed at the end of a definite, paid term for a subsequent, paid term that is longer than 45 days. See Utah Code 13-70-101
- Average monthly number of families: means the average number of families who received cash assistance on a monthly basis during the previous federal fiscal year. See Utah Code 35A-3-102
- Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
- Award: means a final order of the commission as to the amount of compensation due:
(1)(b)(i) an injured employee; or(1)(b)(ii) a dependent of a deceased employee. See Utah Code 34A-2-102- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- base period: means the first four of the last five completed calendar quarters next preceding the first day of the individual's benefit year with respect to any individual whose benefit year commences on or after January 5, 1986. See Utah Code 35A-4-201
- Basic livestock: means a herd of cattle, sheep, or swine kept and maintained primarily for breeding purposes. See Utah Code 73-20-2
- Beached: means that a vessel's hull is resting on the bed or shoreline of a waterbody. See Utah Code 73-18-2
- 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 the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Beneficiary: means the individual designated:
(2)(a) in a 529 savings account agreement between a person, an estate, or a trust and the plan; and(2)(b) to benefit from the amount saved in a 529 savings account. See Utah Code 35A-9-601- Benefit cost rate: means benefit costs of all individuals paid in a calendar year, as defined in Subsection (2), including the state's share of extended benefit costs, divided by the total wages paid by all employers subject to contributions in the same calendar year, calculated to four decimal places, disregarding the remaining fraction, if any. See Utah Code 35A-4-301
- Benefit costs: means the net money payments made to individuals who were employed by employers subject to contributions, excluding extended benefit costs, as provided in this chapter with respect to unemployment. See Utah Code 35A-4-301
- Benefit year: means the 52 consecutive week period beginning with the first week with respect to which an individual files for benefits and is found to have an insured status. See Utah Code 35A-4-201
- Benefits: means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment. See Utah Code 35A-4-201
- Bequest: Property gifted by will.
- Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:
(5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;(5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;(5)(c) the degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;(5)(d) the effect of the treatment on the life expectancy of the individual;(5)(e) the prognosis of the individual for recovery with and without the treatment;(5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and(5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103- Blighted area: means an area where dwellings predominate that, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities or any combination of these factors, are detrimental to safety, health, and morals. See Utah Code 35A-8-401
- Blind: means an individual:
(1)(a) whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or(1)(b) whose visual acuity is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees. See Utah Code 35A-13-102- Board: means the Board of Water Resources created in Section
Utah Code 73-10c-2 - Board: means the Board of Water Resources created by Section Utah Code 73-20-2
- Board: means the Utah Homeless Services Board created in Section
35A-16-204 . See Utah Code 35A-16-102- Board: means the special district board of trustees. See Utah Code 17B-1-701
- Board: means the Housing Board created by this part. See Utah Code 35A-8-501
- Board: means the Uintah Basin Revitalization Fund Board. See Utah Code 35A-8-1601
- Board: means the Navajo Revitalization Fund Board. See Utah Code 35A-8-1702
- Board of education: means :
(3)(a) a local school board described in Title 53G, Chapter 4, School Districts;(3)(b) the State Board of Education;(3)(c) the State Charter School Board created under Section53G-5-201 ; or(3)(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 36-11-102- Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102
- Boat livery: means a person that holds a vessel for renting or leasing. See Utah Code 73-18-2
- Bona fide occupational qualification: means a characteristic applying to an employee that:
(1)(c)(i) is necessary to the operation; or(1)(c)(ii) is the essence of the employee's employer's business. See Utah Code 34A-5-102- Bond: means :
(3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and(3)(b) a lease agreement, installment purchase agreement, or other agreement that:(3)(b)(i) includes an obligation by the district to pay money; and(3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102- Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102
- Bonds: means obligations issued by a municipality or a county under
Title 11, Chapter 17, Utah Industrial Facilities and Development Act , and the provisions of this chapter. See Utah Code 73-10d-3- Bonds: means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part. See Utah Code 35A-8-401
- Bonus payments: means that portion of the bonus payments received by the United States government under the Leasing Act paid to the state under Section 35 of the Leasing Act, Utah Code 35A-8-302
- Breach of trust: includes a violation by a trust director or trustee of a duty imposed on the director or trustee by the terms of the trust, this chapter, or the law of this state other than this chapter pertaining to trusts. See Utah Code 75-12-102
- Broadcasting company: means a person engaged in the business of:
(2)(a) distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following:(2)(a)(i) television;(2)(a)(ii) cable; or(2)(a)(iii) radio; or(2)(b) preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a). See Utah Code 34-51-102- Broadcasting employee: means an employee of a broadcasting company. See Utah Code 34-51-102
- Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the accounts of others. See Utah Code 75A-8-102
- Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
- Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
- Budget: means a plan of financial operations for a fiscal year that includes:
(3)(a) estimates of proposed expenditures for given purposes and the proposed means of financing them;(3)(b) the source and amount of estimated revenue for the district for the fiscal year;(3)(c) fund balance in each fund at the beginning of the fiscal year and the projected fund balance for each fund at the end of the fiscal year; and(3)(d) capital projects or budgets for proposed construction or improvement to capital facilities within the district. See Utah Code 17B-1-701- Budget officer: means the person appointed by the special district board of trustees to prepare the budget for the district. See Utah Code 17B-1-601
- Budget year: means the fiscal year for which a budget is prepared. See Utah Code 17B-1-601
- Building service: means any of the following services, if the charge for the service is $3,000 or less:
(1)(a) cleaning or janitorial;(1)(b) furniture delivery, assembly, moving, or installation;(1)(c) landscaping;(1)(d) home repair; or(1)(e) any service similar to the services described in Subsections (1)(a) through (d). See Utah Code 34-53-102- Building service contractor: means a person who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking a building service. See Utah Code 34-53-102
- Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other legal entity that is:
(1)(a) used to carry on a business for profit; and(1)(b) a participant in the sandbox. See Utah Code 13-69-101- Business entity: means :
(1)(a) a sole proprietorship;(1)(b) a corporation;(1)(c) a partnership;(1)(d) a limited liability company; or(1)(e) an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002- Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
- Calendar quarter: means the period of three consecutive months ending on March 31, June 30, September 30, or December 31, or the equivalent, as the department may by rule prescribe. See Utah Code 35A-4-201
- Calendar year entity: means a special district whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 17B-1-602. See Utah Code 17B-1-601
- Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501
- Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit. See Utah Code 35A-16-701
- Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular individual as agent. See Utah Code 75-2a-103
- Capital project: means an expenditure for land, improvements on the land, or equipment intended to have long-term beneficial use. See Utah Code 35A-8-1702
- Capital projects: means expenditures for land, improvements on the land, and equipment intended to have long-term beneficial use. See Utah Code 35A-8-1601
- Capitol hill complex: means capitol hill, as defined in Section
63O-1-101 . See Utah Code 36-11-102- Carries: means engages in the transmission of an electronic communication. See Utah Code 75-11-102
- Carries: means engages in the transmission of an electronic communication. See Utah Code 75A-6-102
- Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2
- Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
- Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75-11-102
- Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75A-6-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 34-43-102
- Certified interpreter: means an individual who is certified as meeting the certification requirements of this part. See Utah Code 35A-13-602
- Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102
- Chambers: A judge's office.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Chief executive officer: means the same as that term is defined in Section
11-51-102 . See Utah Code 35A-16-102- Chief executive officer: means the same as that term is defined in Section
11-51-102 . See Utah Code 35A-16-501- Child: includes :
(2)(b)(i) a posthumous child; or(2)(b)(ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102- Child care: means the child care services defined in Section 35A-3-102 for:
(1)(a) children age 12 or younger; and(1)(b) children with disabilities age 18 or younger. See Utah Code 35A-3-201- Child care provider association: means an association:
(2)(a) that has functioned as a child care provider association in the state for at least three years; and(2)(b) is affiliated with a national child care provider association. See Utah Code 35A-3-201- Child care services: means care of a child by a responsible person who is not the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-3-102
- City: means a city or town in the state. See Utah Code 35A-8-401
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Civic organization: includes a community service club or organization, a charitable health care or service organization, a fraternal organization, a labor union, a minority or ethnic organization, a commercial or industrial organization, a commerce or business club, a private nonprofit organization, a private nonprofit corporation that provides funding to a community service organization, an organization that advocates or provides for the needs of persons with low incomes, a religious organization, and an organization that fosters strong neighborhoods and communities. See Utah Code 35A-3-102
- Claim of beneficial interest: includes :
(2)(a) a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf; and(2)(b) a claim that the transfer would be in breach of fiduciary duties. See Utah Code 75A-7-102- Clerk: means the city or county clerk, or the officer charged with the duties customarily imposed on the clerk. See Utah Code 35A-8-401
- Client: means an individual who the department has determined to be eligible for services or benefits under:
(1)(a) Chapter 3, Employment Support Act; and(1)(b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102- Client: means a person that is provided lawyer referral services by a lawyer referral consultant. See Utah Code 13-68-101
- Client: means an individual who is experiencing homelessness or an individual at risk of becoming homeless. See Utah Code 35A-16-102
- Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102
- Code blue alert: means a proclamation issued by the Department of Health and Human Services under Section
35A-16-702 to alert the public of a code blue event. See Utah Code 35A-16-701- Code blue event: means a weather event in which the National Weather Service predicts temperatures of 18 degrees Fahrenheit or less, including wind chill, or any other extreme weather conditions established in rules made by the Department of Health and Human Services under Subsection
35A-16-702 (4), to occur in any county of the first, second, third, or fourth class for two hours or longer within the next 24 to 48 hours. See Utah Code 35A-16-701- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Collaborative applicant: means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development. See Utah Code 35A-16-102
- Commencement of prosecution: means the filing of an information or an indictment. See Utah Code 77-2-2
- Commercial farm: means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock. See Utah Code 73-20-2
- Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2
- Commission: means the Outdoor Adventure Commission. See Utah Code 73-18a-1
- Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
- Commission: means :
(2)(a) compensation:(2)(a)(i) that accrues to a sales representative;(2)(a)(ii) for payment by a principal; and(2)(a)(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or(2)(b) any other method of compensation agreed to between a sales representative and a principal including:(2)(b)(i) fees for services; and(2)(b)(ii) a retainer. See Utah Code 34-44-102- Commission: means the Labor Commission. See Utah Code 34-47-102
- Commission: means the Labor Commission. See Utah Code 34A-6-103
- Commission: means the Commission on Housing Affordability created in Section 35A-8-2202. See Utah Code 35A-8-2201
- Commission: means the State Tax Commission. See Utah Code 35A-9-601
- Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
- Commissioner: means the commissioner of the Labor Commission. See Utah Code 34-47-102
- Commissioner: means the Commissioner of Apprenticeship Programs described in Section 35A-6-105. See Utah Code 35A-6-102
- Committee: means the Child Care Advisory Committee created in Section 35A-3-205. See Utah Code 35A-3-201
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Common 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.
- Community action agency: means a local subdivision of the state, a combination of political subdivisions, a separate public agency, or a private nonprofit agency, which:
(1)(a) has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the state; and(1)(b) is designated as a community action agency by federal law, federal regulations, or the governor. See Utah Code 35A-8-1002- Community action statewide organization: means community action programs, organized on a statewide basis, to enhance the capability of community action agencies. See Utah Code 35A-8-1002
- Community location: means the same as that term is defined in Section
Utah Code 35A-16-501 - Community Services Block Grant: means the Federal Community Services Block Grant Act, Utah Code 35A-8-1002
- Compensation: means payment owed by an employer for labor or services performed by an employee. See Utah Code 35A-7-102
- Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 76-6a-101
- Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
- Compensation: includes :
(5)(b)(i) a salary or commission;(5)(b)(ii) a bonus;(5)(b)(iii) a benefit;(5)(b)(iv) a contribution to a retirement program or account;(5)(b)(v) a payment includable in gross income, as defined in Section 62, Internal Revenue Code, and subject to social security deductions, including a payment in excess of the maximum amount subject to deduction under social security law;(5)(b)(vi) an amount that the individual authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; or(5)(b)(vii) income based on an individual's ownership interest. See Utah Code 36-11-102- Compensation payor: means a person who pays compensation to a public official in the ordinary course of business:
(6)(a) because of the public official's ownership interest in the compensation payor; or(6)(b) for services rendered by the public official on behalf of the compensation payor. See Utah Code 36-11-102- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computation date: means July 1 of any year, beginning July 1, 1984. See Utah Code 35A-4-301
- Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501
- Conservator: includes a limited conservator. See Utah Code 75-11-102
- Conservator: includes a limited conservator. See Utah Code 75A-6-102
- Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Utah Code 75-1-201 v2
- Consideration: means something of value given or done in exchange for something given or done by another. See Utah Code 73-18-2
- Constituent entity: means any county, city, or town that levies property taxes within the boundaries of the district. See Utah Code 17B-1-701
- Content of an electronic communication: means information concerning the substance or meaning of the communication that:
(6)(a) has been sent or received by a user;(6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and(6)(c) is not readily accessible to the public. See Utah Code 75-11-102- Content of an electronic communication: means information concerning the substance or meaning of the communication that:
(6)(a) has been sent or received by a user;(6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and(6)(c) is not readily accessible to the public. See Utah Code 75A-6-102- Continuance: Putting off of a hearing ot trial until a later time.
- Continuum of care: means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
- Contract: A legal written agreement that becomes binding when signed.
- Contribution: means the money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ. See Utah Code 35A-4-201
- Contribution year: means any calendar year beginning on January 1 and ending on December 31. See Utah Code 35A-4-301
- Conviction: A judgement of guilt against a criminal defendant.
- Coordinator: means the state homelessness coordinator appointed under Section
63J-4-202 . See Utah Code 35A-16-102- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a private or public corporation, association or trust issuing a security. See Utah Code 75A-7-102
- Cost: means , with respect to any privatization project or facility related thereto, without limitation:
(3)(a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way;(3)(b) any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility;(3)(c) all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project;(3)(d) all costs incident to the authorization and issuance of bonds, including accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and other professional services and printing costs;(3)(e) all costs incident to the establishment and funding of appropriate reserve funds; and(3)(f) interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction. See Utah Code 73-10d-3- Council: means the Water Development Coordinating Council created by Sections
79-2-201 and73-10c-3 . See Utah Code 73-10c-2- Council: means the Worker Classification Coordinated Enforcement Council created in Section 34-47-201. See Utah Code 34-47-102
- Council of governments: means the same as that term is defined in Section
Utah Code 35A-16-501 - County: means a county in the state. See Utah Code 35A-8-401
- County: means :
(3)(a) Duchesne County; or(3)(b) Uintah County. See Utah Code 35A-8-1601- 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 Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-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 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- Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 34A-5-102
- Court: means a court with jurisdiction under
Title 78A, Judiciary and Judicial Administration . See Utah Code 75-11-102- Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-6-102
- Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-8-102
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Court rule: means rules of procedure, evidence, or practice for use of the courts of this state. See Utah Code 13-69-101
- Criminal conduct: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
- Criminal conviction: means 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 34-52-102
- Current year: means the fiscal year in which a budget is prepared and adopted, which is the fiscal year next preceding the budget year. See Utah Code 17B-1-601
- Custodial property: means :
(7)(a) any interest in property transferred to a custodian under this chapter; and(7)(b) the income from and proceeds of that interest in property. See Utah Code 75A-8-102- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75A-6-102
- Custodian: means a person so designated under Section
75A-8-110 or a successor or substitute custodian designated under Section75A-8-119 . See Utah Code 75A-8-102- Customer agencies: means those governmental entities, except school districts, institutions of higher education, and federal government agencies that purchase or obtain services from the special district. See Utah Code 17B-1-701
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Date of enrollment: means the date on which the applicant was approved as eligible for cash assistance. See Utah Code 35A-3-102
- Date of hire: means the date labor or services for compensation are first performed by the employee. See Utah Code 35A-7-102
- Date of hire: means the date a person who is homeless first performs labor or services for compensation for an employer. See Utah Code 35A-5-302
- Date of rehire: means the date labor or services for compensation are first performed by an employee who was previously employed by the employer but has been separated from that employment for at least 60 consecutive days. See Utah Code 35A-7-102
- Deaf: means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102
- Dealer: means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale. See Utah Code 73-18-2
- Decedent: A deceased person.
- Decision: includes :
(1)(d)(ii)(A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or(1)(d)(ii)(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102- Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Default surrogate: means the adult who may make decisions for an individual when either:
(8)(a) an agent or guardian has not been appointed; or(8)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deficit: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
- Department: means the Department of Veterans and Military Affairs, created in Section 71A-1-201. See Utah Code 34-50-102
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Department: means the Department of Workforce Services. See Utah Code 35A-15-102
- Dependent: A person dependent for support upon another.
- Deposit: means the payment of money from a source other than a match. See Utah Code 35A-9-601
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75-11-102
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75A-6-102
- Devise: To gift property by will.
- Devisee: means any person designated in a will to receive a devise. See Utah Code 75-1-201 v2
- Digital application: means an Internet-connected software application that a person uses to obtain or provide a remote service. See Utah Code 34-53a-102
- Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102
- Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75A-6-102
- Direct sales company: means a person that:
(3)(a)(i) sells, distributes, or supplies for consideration a good or service through participants:(3)(a)(i)(A) at different levels of distribution; or(3)(a)(i)(B) in accordance with a formula for compensating participants in whole or in part based on:(3)(a)(i)(B)(I) the sale of a good or service; and(3)(a)(i)(B)(II) the recruitment of or the performance or action of another participant; and(3)(a)(ii)(3)(a)(ii)(A) permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or(3)(a)(ii)(B) provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:(3)(a)(ii)(B)(I) the sale of a good or service; or(3)(a)(ii)(B)(II) the recruitment of or the performance or action of another participant. See Utah Code 34-44-102- Directed trust: means a trust for which the terms of the trust grant a power of direction. See Utah Code 75-12-102
- Directed trustee: means a trustee that is subject to a trust director's power of direction. See Utah Code 75-12-102
- Director: means the director of the division. See Utah Code 34A-5-102
- Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
- Director: means the director of the division assigned by the department to administer a program. See Utah Code 35A-3-102
- Director: means the director of the division. See Utah Code 35A-8-101
- Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102
- Director: means the director of the Office of Child Care. See Utah Code 35A-3-201
- Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, Utah Code 34A-5-102
- Disability: means cause for a protective order as described by Section
75-5-401 . See Utah Code 75-1-201 v2- Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
- Disability: means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning. See Utah Code 35A-13-102
- Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 34-43-102
- Discharge document: means a document received by a service member upon separation from military service, including:
(2)(a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;(2)(b) a DD 256, United States Department of Defense Honorable Discharge Certificate;(2)(c) a DD 257, United States General Discharge Certificate; or(2)(d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 34-50-102- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Diversion: means suspending criminal proceedings before conviction on the condition that a defendant agree to:
(2)(a) participate in a rehabilitation program;(2)(b) pay restitution to a victim; or(2)(c) fulfill some other condition. See Utah Code 77-2-2- diversion payment: means a one-time cash assistance payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require extended cash assistance under Part 3, Family Employment Program. See Utah Code 35A-3-102
- Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102
- Division: means the Division of Water Resources. See Utah Code 73-10f-1
- Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
- Division: means the Division of Outdoor Recreation. See Utah Code 73-18a-1
- Division: means the Division of Water Rights, Department of Natural Resources. See Utah Code 73-22-3
- Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-68-101
- Division: means the Division of Consumer Protection established in Section
13-2-1 . See Utah Code 13-70-101- Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
- Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-54-102
- Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
- Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103
- Division: means the Unemployment Insurance Division. See Utah Code 35A-4-201
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
- Division: means the Division of Boiler and Elevator Safety within the commission. See Utah Code 34A-7-202
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-1601
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-1702
- Docket: A log containing brief entries of court proceedings.
- Donor: The person who makes a gift.
- Donor: means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or a state institution of higher education. See Utah Code 34-41-101
- Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Drinking Water Board: means the Drinking Water Board appointed according to Section
19-4-103 . See Utah Code 73-10c-2- Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
- Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101
- Economically disadvantaged: means to be eligible to receive free or reduced price lunch. See Utah Code 35A-15-102
- Education action: means :
(7)(a) a resolution, policy, or other official action for consideration by a board of education;(7)(b) a nomination or appointment by an education official or a board of education;(7)(c) a vote on an administrative action taken by a vote of a board of education;(7)(d) an adjudicative proceeding over which an education official has direct or indirect control;(7)(e) a purchasing or contracting decision;(7)(f) drafting or making a policy, resolution, or rule;(7)(g) determining a rate or fee; or(7)(h) making an adjudicative decision. See Utah Code 36-11-102- Education official: means :
(8)(a) a member of a board of education;(8)(b) an individual appointed to or employed in a position under a board of education, if that individual:(8)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;(8)(b)(ii) drafts resolutions or policies or drafts or makes rules;(8)(b)(iii) determines rates or fees;(8)(b)(iv) makes decisions relating to an education budget or the expenditure of public money; or(8)(b)(v) makes adjudicative decisions; or(8)(c) an immediate family member of an individual described in Subsection (8)(a) or (b). See Utah Code 36-11-102- Education or training: means education or training in accordance with Utah Code 35A-3-102
- Elderly: means a person who meets the age, disability, or other conditions established by regulation of the authority. See Utah Code 35A-8-401
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-6-102
- Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75-11-102
- Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75A-6-102
- Elevator: means a hoisting and lowering mechanism:
(2)(a)(i) equipped with a car or platform; and(2)(a)(ii) that moves in guides in a substantially vertical direction. See Utah Code 34A-7-202- Eligible entity: means :
(4)(a) the Navajo Nation;(4)(b) a department or division of the Navajo Nation;(4)(c) a Utah Navajo Chapter;(4)(d) the Navajo Utah Commission;(4)(e) an agency of the state or a political subdivision of the state; or(4)(f) a nonprofit corporation. See Utah Code 35A-8-1702- Eligible function: means :
(1)(a) a power conferred on a special district under this title;(1)(b) a tax or assessment levied by a special district;(1)(c) an act or proceeding that a special district:(1)(c)(i) has taken; or(1)(c)(ii) contemplates taking; or(1)(d) a district contract, whether already executed or to be executed in the future, including a contract for the acquisition, construction, maintenance, or operation of works for the district. See Utah Code 17B-1-1201- Eligible municipality: means :
(3)(a) a first-tier eligible municipality;(3)(b) a second-tier eligible municipality; or(3)(c) a third-tier eligible municipality. See Utah Code 35A-16-401- Eligible private provider: means a child care program that:
(4)(a)(i) is licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; or(4)(a)(ii) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section26B-2-405 . See Utah Code 35A-15-102- Eligible services: means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-16-401
- Eligible shelter: means :
(5)(a) for a first-tier eligible municipality, a homeless shelter that:(5)(a)(i) has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office;(5)(a)(ii) operates year-round; and(5)(a)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation;(5)(b) for a second-tier municipality, a homeless shelter that:(5)(b)(i) has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office;(5)(b)(ii) operates year-round; and(5)(b)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation; and(5)(c) for a third-tier eligible municipality, a homeless shelter that:(5)(c)(i)(5)(c)(i)(A) has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and(5)(c)(i)(B) operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or(5)(c)(ii)(5)(c)(ii)(A) meets the definition of a homeless shelter under Section35A-16-501 ; and(5)(c)(ii)(B) contains beds that are utilized as part of a county's winter response plan under Section35A-16-502 . See Utah Code 35A-16-401- Eligible student: means a student:
(5)(a)(5)(a)(i) who is three, four, or five years old; and(5)(a)(ii) is not eligible for enrollment under Subsection53G-4-402 (8); and(5)(b)(5)(b)(i) who is economically disadvantaged;(5)(b)(ii) whose parent or legal guardian reports that the student has experienced at least one risk factor;(5)(b)(iii) is an English learner; or(5)(b)(iv) has ever been in foster care. See Utah Code 35A-15-102- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Emergency medical services provider: means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act. See Utah Code 75-2a-103
- Employee: means a person applying with or employed by an employer. See Utah Code 34A-5-102
- Employee: means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986. See Utah Code 35A-7-102
- Employee: means an individual suffered or permitted to work by an employer. See Utah Code 34-56-101
- Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103
- Employer: means :
(1)(i)(i)(A) the state;(1)(i)(i)(B) a political subdivision;(1)(i)(i)(C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or(1)(i)(i)(D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34A-5-102- Employer: includes any governmental entity and any labor organization. See Utah Code 35A-7-102
- Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
- Employer: means a person, including the state or a political subdivision of the state, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-48-102
- Employer: means , except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals. See Utah Code 34-54-102
- employer: includes a federal contractor. See Utah Code 34-56-101
- Employer: means :
(1)(f)(i) the state;(1)(f)(ii) a county, city, town, and school district in the state; and(1)(f)(iii) a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103- employer: means :
(1)(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;(1)(b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or(1)(c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203- Employing unit: means :
(1)(a)(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:(1)(a)(i)(A) partnership;(1)(a)(i)(B) association;(1)(a)(i)(C) trust;(1)(a)(i)(D) estate;(1)(a)(i)(E) joint stock company;(1)(a)(i)(F) insurance company;(1)(a)(i)(G) limited liability company;(1)(a)(i)(H) limited liability partnership;(1)(a)(i)(I) joint venture;(1)(a)(i)(J) corporation, whether domestic or foreign;(1)(a)(i)(K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);(1)(a)(i)(L) the legal representative of a deceased person; or(1)(a)(i)(M) a tribal unit; or(1)(a)(ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202- Employment agency: means a person:
(1)(j)(i) undertaking to procure employees or opportunities to work for any other person; or(1)(j)(ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 34A-5-102- Employment assistance: means services or benefits provided by the department under:
(4)(a) Chapter 3, Employment Support Act; and(4)(b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102- Employment center: is a location in an economic service area where the services provided by an economic service area under Section 35A-2-201 may be accessed by a client. See Utah Code 35A-1-102
- Employment certification form: means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program. See Utah Code 34-54-102
- Employment counselor: means an individual responsible for developing an employment plan and coordinating the services and benefits under this title in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102
- Employment office: means a free public employment office or branch operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. See Utah Code 35A-4-201
- Employment plan: means a written agreement between the department and a client that describes:
(7)(a) the relationship between the department and the client;(7)(b) the obligations of the department and the client; and(7)(c) the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102- Employment selection process: means the process by which an employer selects an individual to be an employee for the employer. See Utah Code 34-46-102
- 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.
- 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
- Escalator: means a stairway, moving walkway, or runway that is:
(3)(a)(i) power-driven;(3)(a)(ii) continuous; and(3)(a)(iii) used to transport one or more individuals. See Utah Code 34A-7-202- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Estate: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-6-102- Estate: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 17B-1-601
- Evaluation: means an evaluation conducted in accordance with Section
35A-15-303 . See Utah Code 35A-15-102- Event: means entertainment, a performance, a contest, or a recreational activity that an individual participates in or is a spectator at, including a sporting event, an artistic event, a play, a movie, dancing, or singing. See Utah Code 36-11-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- Executive action: means :
(10)(a) a nomination or appointment by the governor;(10)(b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(10)(c) agency ratemaking proceedings; or(10)(d) an adjudicative proceeding of a state agency. See Utah Code 36-11-102- Executive committee: means the executive committee of the board. See Utah Code 35A-16-102
- Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
- Executor: A male person named in a will to carry out the decedent
- Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Exempt broadcasting employee: means a broadcasting employee who is compensated on a salary basis, as defined in Utah Code 34-51-102
- Exit destination: means :
(8)(a) a homeless situation;(8)(b) an institutional situation;(8)(c) a temporary housing situation;(8)(d) a permanent housing situation; or(8)(e) other. See Utah Code 35A-16-102- Expenditure: means any of the items listed in this Subsection (11)(a) when given to or for the benefit of a public official unless consideration of equal or greater value is received:
(11)(a)(i) a purchase, payment, or distribution;(11)(a)(ii) a loan, gift, or advance;(11)(a)(iii) a deposit, subscription, or forbearance;(11)(a)(iv) services or goods;(11)(a)(v) money;(11)(a)(vi) real property;(11)(a)(vii) a ticket or admission to an event; or(11)(a)(viii) a contract, promise, or agreement, whether or not legally enforceable, to provide any item listed in Subsections (11)(a)(i) through (vii). See Utah Code 36-11-102- Extended benefits: has the meaning specified in Subsection 35A-4-402(7)(f). See Utah Code 35A-4-201
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
- Facility: means any structure, building, machinery, system, land, water right, or other property necessary or desirable to provide the services contemplated by a privatization project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings. See Utah Code 73-10d-3
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
- 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.
- Farmer: means any person who owns and operates or leases and operates a commercial farm in this state, and includes individuals, partnerships and corporations. See Utah Code 73-20-2
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal earned income tax credit: means the federal earned income tax credit:
(6)(a) described in Section 32, Internal Revenue Code; and(6)(b) that a qualifying individual claims and is eligible to claim on the federal income tax return for the taxable year. See Utah Code 35A-9-601- Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-5-102
- Federal executive agency: means an executive agency, as defined in Utah Code 34A-6-103
- federal executive agency: means an executive agency, as defined in Utah Code 35A-4-203
- Federal government: includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States. See Utah Code 35A-8-401
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75-11-102
- Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75A-6-102
- Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Utah Code 75A-7-102
- Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Utah Code 75A-8-102
- Financial officer: means the official under Section 17B-1-642. See Utah Code 17B-1-601
- Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- First responder: means :
(1)(b)(i) a first responder as defined in Section 34A-2-102;(1)(b)(ii) an individual employed by:(1)(b)(ii)(A) a health care facility as defined in Section 26B-2-201;(1)(b)(ii)(B) an office of a physician, chiropractor, or dentist;(1)(b)(ii)(C) a nursing home;(1)(b)(ii)(D) a retirement facility;(1)(b)(ii)(E) a home health care provider;(1)(b)(ii)(F) a pharmacy;(1)(b)(ii)(G) a facility that performs laboratory or medical testing on human specimens; or(1)(b)(ii)(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);(1)(b)(iii) an individual employed by, working with, or working at the direction of a local health department; or(1)(b)(iv) a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201- First-tier eligible municipality: means a municipality that:
(9)(a) is located within a county of the first or second class;(9)(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;(9)(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and(9)(d) is certified as a first-tier eligible municipality in accordance with Section35A-16-404 . See Utah Code 35A-16-102- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fiscal year: means the annual period for accounting for fiscal operations in each district. See Utah Code 17B-1-601
- Fiscal year: means the year beginning with July 1 of one year and ending June 30 of the next year. See Utah Code 35A-4-301
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- Food reimbursement rate: means the total amount set by the director of the Division of Finance, by rule, under Section
63A-3-107 , for in-state meal reimbursement, for an employee of the executive branch, for an entire day. See Utah Code 36-11-102- Forbearance: A means of handling a delinquent loan. A
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Foreign agent: means an individual who engages in lobbying under contract with a foreign government. See Utah Code 36-11-102
- Foreign government: means a government other than the government of:
(14)(a) the United States;(14)(b) a state within the United States;(14)(c) a territory or possession of the United States; or(14)(d) a political subdivision of the United States. See Utah Code 36-11-102- 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
- Franchise: means the same as that term is defined in Utah Code 34A-5-102
- Franchise: means the same as that term is defined in Utah Code 34A-6-103
- Franchise: means the same as that term is defined in Utah Code 35A-4-203
- Franchisee: means the same as that term is defined in Utah Code 34A-5-102
- Franchisee: means the same as that term is defined in Utah Code 34A-6-103
- Franchisee: means the same as that term is defined in Utah Code 35A-4-203
- Franchisor: means the same as that term is defined in Utah Code 34A-5-102
- Franchisor: means the same as that term is defined in Utah Code 34A-6-103
- Franchisor: means the same as that term is defined in Utah Code 35A-4-203
- Fraud: Intentional deception resulting in injury to another.
- Full-time education or training: means training on a full-time basis as defined by the educational institution attended by the parent recipient. See Utah Code 35A-3-102
- Fund: means the Unemployment Compensation Fund established by this chapter. See Utah Code 35A-4-201
- Fund: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
- Fund: means the Olene Walker Housing Loan Fund created by this part. See Utah Code 35A-8-501
- Fund balance: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 34A-5-102
- General assistance: means financial assistance provided to a person under Part 4, General Assistance. See Utah Code 35A-3-102
- General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17B-1-601
- Geothermal area: means the general land area which is underlain or reasonably appears to be underlain by geothermal resources. See Utah Code 73-22-3
- Geothermal resource: means :
(5)(a)(i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and(5)(a)(ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium. See Utah Code 73-22-3- Geothermal system: means any strata, pool, reservoir, or other geologic formation containing geothermal resources. See Utah Code 73-22-3
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing authority: means the persons, board, body, or entity in which the legislative powers of a political subdivision are vested. See Utah Code 73-10d-3
- Governing body: means the body in which the general legislative powers of a municipality or county are vested. See Utah Code 73-10d-3
- Governing body: means :
(2)(a) for a county or municipality, the legislative body of the county or municipality; and(2)(b) for a special district, the board of trustees of the special district. See Utah Code 17B-1-201- Governing body: means , in the case of a city, the council or other body of the city in which is vested legislative authority customarily imposed on the city council, and in the case of a county, the board of county commissioners. See Utah Code 35A-8-401
- Governing instrument: means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. See Utah Code 75-1-201 v2
- Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
- Government officer: means :
(15)(a)(i) an individual elected to a position in state or local government, when acting in the capacity of the state or local government position;(15)(a)(ii) an individual elected to a board of education, when acting in the capacity of a member of a board of education;(15)(a)(iii) an individual appointed to fill a vacancy in a position described in Subsection (15)(a)(i) or (ii), when acting in the capacity of the position; or(15)(a)(iv) an individual appointed to or employed in a full-time position by state government, local government, or a board of education, when acting in the capacity of the individual's appointment or employment. See Utah Code 36-11-102- Governmental entity: means :
(6)(a) an executive branch agency as defined in Section 63A-16-102;(6)(b) the legislative branch;(6)(c) the judicial branch;(6)(d) the State Board of Education;(6)(e) the Utah Board of Higher Education;(6)(f) an institution of higher education; and(6)(g) a political subdivision of the state:(6)(g)(i) as defined in Section 17B-1-102; and(6)(g)(ii) including a school district. See Utah Code 34-56-101- Governmental entity: is a s defined in Section 59-2-511. See Utah Code 35A-5-302
- Governmental funds: means the general fund, special revenue fund, debt service fund, and capital projects fund of a special district. See Utah Code 17B-1-601
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grant program: means the COVID-19 Homeless Housing and Services Grant Program established in Section 35A-16-602. See Utah Code 35A-16-601
- Groundwater right owner petition: means a petition under Subsection
17B-1-203 (1)(c). See Utah Code 17B-1-201- Groundwater right owner request: means a request under Section
17B-1-204 that is signed by owners of water rights as provided in Subsection17B-1-204 (2)(b)(ii). See Utah Code 17B-1-201- 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 limited guardian. See Utah Code 75-11-102
- Guardian: includes a limited guardian. See Utah Code 75A-6-102
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section
Utah Code 75-1-201 v2 - Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Hard of hearing: means an individual with a diagnosed auditory deficit ranging from mild to profound that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102
- Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
- Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
(13)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;(13)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and(13)(c) the ability to communicate a decision. See Utah Code 75-2a-103- Health care facility: means :
(14)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and(14)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103- Health care provider: means the same as that term is defined in Section
78B-3-403 , except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103- Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- High quality school readiness program: means a preschool program that:
(7)(a) is provided by an eligible LEA or eligible private provider; and(7)(b) meets the elements of a high quality school readiness program described in Section35A-15-202 . See Utah Code 35A-15-102- Highway: includes :
(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5- Hiring party: means a person who hires or enters into a contract with an independent contractor. See Utah Code 34-57-101
- HMIS: means an information technology system that:
(10)(a) is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and(10)(b) meets the requirements of the United States Department of Housing and Urban Development. See Utah Code 35A-16-102- Homeless services budget: means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection
35A-16-203 (1)(b). See Utah Code 35A-16-102- Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401
- Homeless shelter: means a facility that:
(9)(a) provides temporary shelter to individuals experiencing homelessness;(9)(b) operates year-round; and(9)(c) is not subject to restrictions that limit the hours, days, weeks, or months of operation. See Utah Code 35A-16-501- Homeless shelter: means a facility that provides temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-701
- Hospital: means an institution that is licensed, certified, or approved by the Department of Health as a hospital. See Utah Code 35A-4-202
- House block equivalency file: means the electronic file designated as HB2005_BEF. See Utah Code 36-1-201.1
- House shapefile: means the electronic shapefile that:
(3)(a) is the resulting projection of the House block equivalency file; and(3)(b) stores the boundary of each of the 75 Utah House of Representatives districts. See Utah Code 36-1-201.1- Housing affordability: means the ability of a household to occupy a housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
- Housing project: includes :
(11)(b)(i) buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances;(11)(b)(ii) streets, sewers, water service, utilities, parks, site preparation and landscaping;(11)(b)(iii) facilities for administrative, community, health, recreational, welfare, or other purposes;(11)(b)(iv) the planning of the buildings and other improvements;(11)(b)(v) the acquisition of property or any interest in the property;(11)(b)(vi) the demolition of existing structures;(11)(b)(vii) the construction, reconstruction, rehabilitation, alteration, or repair of the improvements and all other work in connection with them; and(11)(b)(viii) all other real and personal property and all tangible or intangible assets held or used in connection with the housing project. See Utah Code 35A-8-401- Housing sponsor: means a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, affordable housing. See Utah Code 35A-8-501
- Human body waste: means excrement, feces, or other waste material discharged from the human body. See Utah Code 73-18a-1
- Immediate family: means :
(16)(a) a spouse;(16)(b) a child residing in the household; or(16)(c) an individual claimed as a dependent for tax purposes. See Utah Code 36-11-102- Imminent danger: means a danger exists which reasonably could be expected to cause an occupational disease, death, or serious physical harm immediately, or before the danger could be eliminated through enforcement procedures under this chapter. See Utah Code 34A-6-103
- Impact board: means the Permanent Community Impact Fund Board created under Section 35A-8-304. See Utah Code 35A-8-302
- Impact fund: means the Permanent Community Impact Fund established by this chapter. See Utah Code 35A-8-302
- Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Incapacitated: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:
(24)(a) receive and evaluate information;(24)(b) make and communicate decisions; or(24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2- Incapacity: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Incapacity: means incapacitated. See Utah Code 75-1-201 v2
- Income: means gross income, whether earned or unearned, as defined by rule made in accordance with Section 35A-3-203. See Utah Code 35A-3-201
- Income-eligible child: means a child whose:
(6)(a) family income does not exceed 85% of state median income for a family of the same size; and(6)(b) family assets do not exceed the limit established by the office through rule created in accordance with Section 35A-3-203. See Utah Code 35A-3-201- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Independent contractor: means the same as that term is defined in Section 34A-2-103. See Utah Code 34-57-101
- Independent living rehabilitation services: means goods and services reasonably necessary to enable an individual with a severe disability to maintain or increase functional independence. See Utah Code 35A-13-102
- 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.
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75-11-102
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75A-6-102
- Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
- Initial selection process: means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying. See Utah Code 34-46-102
- Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection
17B-1-203 (1)(f). See Utah Code 17B-1-201- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insured average annual wage: means on or before the 15th day of May of each year, the total wages of insured workers for the preceding calendar year, divided by the average monthly number of insured workers, determined by dividing by 12 the total insured workers for the preceding calendar year as determined under the rules of the department calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201
- Insured average fiscal year wage: means on or before the 15th day of November of each year, the total wages of insured workers for the preceding fiscal year, divided by the average monthly number of insured workers, determined by dividing by 12 the total insured workers for the preceding fiscal year as determined under the rules of the department calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201
- Insured average fiscal year weekly wage: means the insured average fiscal year wage determined in Subsection (11), divided by 52, calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201
- Insured status: means that an individual has, during the individual's base-period, performed services and earned wages in employment sufficient to qualify for benefits under Section 35A-4-403. See Utah Code 35A-4-201
- Insured work: means employment for an employer, as defined in Section 35A-4-203. See Utah Code 35A-4-201
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Interested person: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Interested person: includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. See Utah Code 75-1-201 v2
- Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 17B-1-601
- Intergenerational poverty: means poverty in which two or more successive generations of a family continue in the cycle of poverty and government dependance. See Utah Code 35A-9-102
- Interlocal agency: means a legal or administrative entity created by a subdivision or combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 35A-8-302
- Interpreter services: means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language. See Utah Code 35A-13-602
- Intestate: Dying without leaving a will.
- Investor: means a person that enters into a results-based contract to provide funding to a high quality school readiness program on the condition that the person will receive payment in accordance with Section
35A-15-402 if the high quality school readiness program meets the performance outcome measures included in the results-based contract. See Utah Code 35A-15-102- Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
- Issuing authority: means :
(7)(a) any county, city, or town in the state;(7)(b) any not-for-profit corporation or joint agency, or other entity acting on behalf of one or more counties, cities, towns, or any combination of these;(7)(c) the state; or(7)(d) any other entity authorized to issue bonds under state law. See Utah Code 35A-8-2102- Joint apprenticeship committee: means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. See Utah Code 34A-5-102
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- 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.
- Juvenile adjudication: means :
(3)(a) a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or(3)(b) an admission or plea of no contest under Section 80-6-306. See Utah Code 34-52-102- Kindergarten transition plan: means a plan that supports the smooth transition of a preschool student to kindergarten and includes communication and alignment among the preschool, program, parents, and K-12 personnel. See Utah Code 35A-15-102
- Labor organization: means an organization that exists for the purpose in whole or in part of:
(1)(q)(i) collective bargaining;(1)(q)(ii) dealing with employers concerning grievances, terms or conditions of employment; or(1)(q)(iii) other mutual aid or protection in connection with employment. See Utah Code 34A-5-102- Labor organization: includes any entity or hiring hall that is used by agreement between the organization and an employer to carry out requirements described in Section 8(f)(3) of the National Labor Relations Act. See Utah Code 35A-7-102
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Last completed fiscal year: means the fiscal year next preceding the current fiscal year. See Utah Code 17B-1-601
- Law enforcement agency: is a s defined in Section 53-1-102. See Utah Code 34-48-102
- 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.
- Lawyer referral consultant: means an individual that engages in lawyer referral service. See Utah Code 13-68-101
- LEA: means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. See Utah Code 34-54-102
- LEA: means a school district or charter school. See Utah Code 35A-15-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Leasing Act: means the Mineral Lands Leasing Act of 1920, Utah Code 35A-8-302
- Legal representative: means an individual's personal representative or conservator. See Utah Code 75A-8-102
- Legatee: A beneficiary of a decedent
- Legislative action: means :
(17)(a) a bill, resolution, amendment, nomination, veto override, or other matter pending or proposed in either house of the Legislature or its committees or requested by a legislator; and(17)(b) the action of the governor in approving or vetoing legislation. See Utah Code 36-11-102- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensed clinical therapist: means an individual licensed by the state under:
(18)(d) Title 58, Chapter 61, Psychologist Licensing Act. See Utah Code 35A-3-102- Lien: A claim against real or personal property in satisfaction of a debt.
- Life sustaining care: means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. See Utah Code 75-2a-103
- Lineal descendant: Direct descendant of the same ancestors.
- Litter: means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful. See Utah Code 73-18a-1
- Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102
- Lobbyist: means :
(19)(a)(i) an individual who is employed by a principal; or(19)(a)(ii) an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102- Lobbyist group: means two or more lobbyists, principals, government officers, or any combination of lobbyists, principals, and government officers, who each contribute a portion of an expenditure made to benefit a public official or member of the public official's immediate family. See Utah Code 36-11-102
- Local action: means :
(21)(a) an ordinance or resolution for consideration by a local government;(21)(b) a nomination or appointment by a local official or a local government;(21)(c) a vote on an administrative action taken by a vote of a local government's legislative body;(21)(d) an adjudicative proceeding over which a local official has direct or indirect control;(21)(e) a purchasing or contracting decision;(21)(f) drafting or making a policy, resolution, or rule;(21)(g) determining a rate or fee; or(21)(h) making an adjudicative decision. See Utah Code 36-11-102- Local government: means :
(22)(a) a county, city, or town;(22)(b) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;(22)(c) a special service district governed by Title 17D, Chapter 1, Special Service District Act;(22)(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;(22)(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;(22)(f) a redevelopment agency; or(22)(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102- Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
- Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
- Local official: means :
(23)(a) an elected member of a local government;(23)(b) an individual appointed to or employed in a position in a local government if that individual:(23)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;(23)(b)(ii) drafts ordinances or resolutions or drafts or makes rules;(23)(b)(iii) determines rates or fees; or(23)(b)(iv) makes adjudicative decisions; or(23)(c) an immediate family member of an individual described in Subsection (23)(a) or (b). See Utah Code 36-11-102- Long-term agreement: means an agreement or contract having a term of more than five years and less than 50 years. See Utah Code 73-10d-3
- Major disaster: means a flood, drought, fire, hurricane, earthquake, storm, or other catastrophe, which in the determination of the governing body is of sufficient severity and magnitude to warrant the use of available resources of the federal, state, and local governments to alleviate the damage, hardship, or suffering caused. See Utah Code 35A-8-401
- Man: means an adult human male. See Utah Code 68-3-12.5
- Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1
- Marine toilet: means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. See Utah Code 73-18a-1
- Marketplace company: means a person that:
(2)(a) offers a digital application to the public; and(2)(b) accepts requests for remote services exclusively through the person's digital application. See Utah Code 34-53a-102- Match: means the monetary amount described in Subsection 35A-9-603(2). See Utah Code 35A-9-601
- Material medium: means geothermal fluids, or water and other substances artificially introduced into a geothermal system to serve as a heat transfer medium. See Utah Code 73-22-3
- Mayor: means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city. See Utah Code 35A-8-401
- Meeting: means a gathering of people to discuss an issue, receive instruction, or make a decision, including a conference, seminar, or summit. See Utah Code 36-11-102
- Member agency: means an agency that is represented on the council. See Utah Code 34-47-102
- Mental health professional applicant: means an individual who:
(4)(a) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and(4)(b) provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act. See Utah Code 34-52-102- Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Minor: means an individual who:
(18)(a) is under 18 years old; and(18)(b) is not an emancipated minor. See Utah Code 75-2a-103- Minor: means an individual who is under 21 years old. See Utah Code 75A-8-102
- Minor: means a person who is under 18 years old. See Utah Code 75-1-201 v2
- Misclassification: means to classify an individual as something other than an employee, if under the relevant law the individual is required to be classified as an employee. See Utah Code 34-47-102
- 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 35A-8-101
- Moderate income housing unit: means a housing unit where a household whose income is no more than 80% of the area median income is able to occupy the housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Moored: means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency. See Utah Code 73-18-2
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Motor carrier: means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. See Utah Code 34A-2-104
- Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. See Utah Code 34A-2-104
- Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2
- Multiclient lobbyist: means a single lobbyist, principal, or government officer who represents two or more clients and divides the aggregate daily expenditure made to benefit a public official or member of the public official's immediate family between two or more of those clients. See Utah Code 36-11-102
- Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
- Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
- Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 73-10d-3
- Municipality: means a city or town. See Utah Code 17B-1-102
- Municipality: means a city or town. See Utah Code 35A-16-401
- Municipality: means a city or town. See Utah Code 35A-16-501
- Municipality: means a city or town. See Utah Code 35A-16-701
- National consensus standard: means any occupational safety and health standard or modification:
(1)(m)(i) adopted by a nationally recognized standards-producing organization under procedures where it can be determined by the administrator and division that persons interested and affected by the standard have reached substantial agreement on its adoption;(1)(m)(ii) formulated in a manner which affords an opportunity for diverse views to be considered; and(1)(m)(iii) designated as such a standard by the secretary of the United States Department of Labor. See Utah Code 34A-6-103- National origin: means the place of birth, domicile, or residence of an individual or of an individual's ancestors. See Utah Code 34A-5-102
- Navajo Utah Commission: means the commission created by Resolution IGRJN-134-92 of the Intergovernmental Relations Committee of the Navajo Nation Council. See Utah Code 35A-8-1702
- New employer: means any employer who has been an employer as defined in this chapter and whose account has been chargeable with benefits for less than one fiscal year immediately preceding the computation date. See Utah Code 35A-4-301
- 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.
- Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102
- Nurse practitioner: means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act. See Utah Code 34-56-101
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- obligee: includes a bondholder, agent or trustee for a bondholder, a lessor demising to the authority used in connection with a project, an assignee or assignees of the lessor's interest in whole or in part, and the federal government when it is a party to a contract with the authority. See Utah Code 35A-8-401
- Obligor: means an individual:
(20)(a) who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or(20)(b) against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102- Occupational accident related insurance: means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii):
(7)(c)(i) disability benefits;(7)(c)(ii) death benefits; and(7)(c)(iii) medical expense benefits, which include:(7)(c)(iii)(A) hospital coverage;(7)(c)(iii)(B) surgical coverage;(7)(c)(iii)(C) prescription drug coverage; and(7)(c)(iii)(D) dental coverage. See Utah Code 34A-2-104- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 35A-13-102
- Office: means the Office of Homeless Services. See Utah Code 35A-16-102
- Office: means the Office of Child Care created in Section 35A-3-202. See Utah Code 35A-3-201
- Office: means the State Community Services Office created in Section 35A-8-1003. See Utah Code 35A-8-1002
- Office of Apprenticeship: means the federal agency designated by the United States Department of Labor to oversee apprenticeship programs. See Utah Code 35A-6-102
- On-the-job-training: means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction:
(1)(s)(i) is also employed at that job; or(1)(s)(ii) may be employed by the employer conducting the program during the course of the program, or when the program is completed. See Utah Code 34A-5-102- Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 75-11-102
- Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 75A-6-102
- Operate: means to navigate, control, or otherwise use a vessel. See Utah Code 73-18-2
- Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2
- Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18a-1
- Operator: means any person drilling, maintaining, operating, producing, or in control of any well. See Utah Code 73-22-3
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
- Order for life sustaining treatment: means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section
75-2a-106 , that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates. See Utah Code 75-2a-103- Organization: includes a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 75-1-201 v2
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment:
(21)(b)(i) for goods or services not provided; or(21)(b)(ii) in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2
- Owner: means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. See Utah Code 73-18a-1
- Owner: means a person who has the right to drill into, produce, and make use of the geothermal resource. See Utah Code 73-22-3
- Owner or operator: means a person who owns, controls, or has the duty to control the operation of an elevator or escalator. See Utah Code 34A-7-202
- Parent: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
- Parent recipient: means a person who enters into an employment plan with the department to qualify for cash assistance under Part 3, Family Employment Program. See Utah Code 35A-3-102
- Participant: means a business entity or a business entity's officer, director, partner, or employee that provides legal services under the sandbox:
(4)(a) to a person other than the business entity; and(4)(b) for the business entity's profit. See Utah Code 13-69-101- participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102
- 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.
- Payor: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Payor: means a trustee, insurer, business entity, employer, government, governmental agency or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments. See Utah Code 75-1-201 v2
- Payroll: means total wages. See Utah Code 35A-4-301
- Performance goals: means a target level of performance that will be compared to actual performance. See Utah Code 35A-3-102
- Performance indicators: means actual performance information regarding a program or activity. See Utah Code 35A-3-102
- Performance monitoring system: means a process to regularly collect and analyze performance information, including performance indicators and performance goals. See Utah Code 35A-3-102
- Performance outcome measure: means :
(11)(a) indicators, as determined by the department, on the school readiness assessment; or(11)(b) for a results-based contract, the indicators included in the contract. See Utah Code 35A-15-102- Person: means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 34-45-102
- Person: means :
(1)(t)(i) one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;(1)(t)(ii) the state; and(1)(t)(iii) a political subdivision of the state. See Utah Code 34A-5-102- Person: means any individual, business entity (corporate or otherwise), or political subdivision of this or any other state. See Utah Code 73-22-3
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-11-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-12-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75A-6-102
- Person: includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Utah Code 75A-7-102
- Person: means an individual, corporation, organization as defined in Section
75-1-201 , or other legal entity. See Utah Code 75A-8-102- Person: includes a business trust, estate, trust, joint venture, or any other legal or commercial entity. See Utah Code 76-6a-101
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Person: means the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions. See Utah Code 34A-6-103
- 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 who is homeless: means an individual whose primary nighttime residence is:
(4)(a) a public or private place not designated for or ordinarily used as a regular sleeping accommodation for an individual, including a car, park, abandoned building, bus station, train station, airport, or camping ground; or(4)(b) a publicly or privately operated shelter designated to provide temporary living arrangements, including a permanent housing, permanent supportive, or transitional facility. See Utah Code 35A-5-302- Personal injury by accident arising out of and in the course of employment: includes an injury caused by the willful act of a third person directed against an employee because of the employee's employment. See Utah Code 34A-2-102
- 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- Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75-11-102
- Personal representative: means an executor, administrator, special administrator as defined in Section
75-1-201 , or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75A-6-102- Personal representative: means an executor, administrator, successor personal representative as defined in Section
75-1-201 , or special administrator as defined in Section75-1-201 , of a decedent's estate or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102- Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
- Personal watercraft: means a motorboat that is:
(16)(a) less than 16 feet in length;(16)(b) propelled by a water jet pump; and(16)(c) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. See Utah Code 73-18-2- Petition: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
- Petition: means a petition under Subsection
17B-1-203 (1)(a), (b), (c), or (d). See Utah Code 17B-1-201- Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
- Physician: means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 34-56-101
- Physician: means an individual licensed under:
(1)(c)(iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or(1)(c)(iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse. See Utah Code 34A-3-201- Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
- Physician assistant: means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 34-56-101
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan: means the Utah Educational Savings Plan created in Section 53B-8a-103. See Utah Code 35A-9-601
- Planning: includes :
(7)(b)(i) the preparation of maps and guidelines;(7)(b)(ii) land use planning;(7)(b)(iii) a study or analysis of:(7)(b)(iii)(A) the social or economic impacts associated with natural resource development;(7)(b)(iii)(B) the demand for the transportation of individuals or goods;(7)(b)(iii)(C) state, regional, and local development and growth;(7)(b)(iii)(D) population and employment;(7)(b)(iii)(E) development related to natural resources; and(7)(b)(iii)(F) as related to any other activity described in this Subsection (7), engineering, financial analysis, legal analysis, or any other analysis helpful to the state, subdivision, or interlocal agency; and(7)(b)(iv) any activity described in this Subsection (7) regardless of whether the activity is for a public facility or a public service. See Utah Code 35A-8-302- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Plea in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-2a-1
- Plea in abeyance agreement: means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance. See Utah Code 77-2a-1
- Political subdivision: means the state or any municipality, county improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under the Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of the state. See Utah Code 73-10d-3
- Political subdivision: means a county, city, town, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
- Portable benefit plan: means a group that:
(3)(a) offers an insurance product regulated by:(3)(a)(i) Title 31A, Insurance Code; or(3)(a)(ii) Title 35A, Chapter 4, Employment Security Act; and(3)(b) is assigned to an individual beneficiary and is not associated with a specific employer or hiring party. See Utah Code 34-57-101- Poverty: means the state of a person who lacks a usual or socially acceptable amount of money or material possessions as demonstrated by the person's income level being at or below the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 35A-9-102
- 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
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75-11-102
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75A-6-102
- Power of direction: includes a power over the investment, management, or distribution of trust property or other matters of trust administration. See Utah Code 75-12-102
- Pre-apprenticeship: means a program or set of strategies that is designed to prepare individuals to enter and succeed in an apprenticeship program with registered standards. See Utah Code 35A-6-102
- 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 the same as that term is defined in Section 71A-2-101. See Utah Code 34-50-102
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Presiding officer: means the same as that term is defined in Section
63G-4-103 . See Utah Code 34A-5-102- Presiding officer: means the presiding officer of the Judicial Council. See Utah Code 77-10a-1
- Primary care provider: means a nurse practitioner, physician, or physician assistant. See Utah Code 34-56-101
- Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75-11-102
- Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75A-6-102
- Principal: means a person who:
(4)(a) engages in any of the following activities with regard to a product or service:(4)(a)(i) manufactures;(4)(a)(ii) produces;(4)(a)(iii) imports;(4)(a)(iv) sells; or(4)(a)(v) distributes;(4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and(4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102- Principal: means a person that employs an individual to perform lobbying, either as an employee or as an independent contractor. See Utah Code 36-11-102
- Private employer: means the same as that term is defined in Section 63G-12-102. See Utah Code 34-50-102
- Private employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-52-102
- Privatization project: means all or part of any drinking water, water, or wastewater project which is owned or operated by a private owner/operator, and provides the related services to political subdivisions. See Utah Code 73-10d-3
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the Education Savings Incentive Program created in Section 35A-9-603. See Utah Code 35A-9-601
- Prohibited employment practice: means a practice specified as discriminatory, and therefore unlawful, in Section
34A-5-106 . See Utah Code 34A-5-102- project: means a work or undertaking, on contiguous or noncontiguous sites to:
(11)(a)(i) demolish, clear, or remove buildings from a blighted area;(11)(a)(ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or(11)(a)(iii) accomplish a combination of Subsections (11)(a)(i) and (ii). See Utah Code 35A-8-401- Property: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-8-102- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property owner request: means a request under Section
17B-1-204 that is signed by owners of real property as provided in Subsection17B-1-204 (2)(b)(i). See Utah Code 17B-1-201- Proprietary funds: means enterprise funds and the internal service funds of a special district. See Utah Code 17B-1-601
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101
- Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75-11-102
- Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75A-6-102
- Public assistance: means :
(10)(a) services or benefits provided under Chapter 3, Employment Support Act;(10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;(10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;(10)(d) SNAP benefits; and(10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102- Public body: means a city, county or municipal corporation, commission, district, authority, agency, subdivision, or other body of the foregoing. See Utah Code 35A-8-401
- Public employee: means a person:
(1)(a) employed by a public employer; and(1)(b) who is breastfeeding. See Utah Code 34-49-102- Public employer: means the following entities:
(2)(a) a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government;(2)(b) a municipality;(2)(c) a county;(2)(d) a school district; or(2)(e) an institution of higher education as described in Section 53B-2-101. See Utah Code 34-49-102