Terms Used In Utah Code > Title 19 > Chapter 2 - Air Conservation Act

• 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
• 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.
• 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.
• Air pollutant: means a substance that qualifies as an air pollutant as defined in Utah Code 19-2-102
• Air pollutant source: means private and public sources of emissions of air pollutants. See Utah Code 19-2-102
• Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
• Alternative fuel: means :
       (2)(a) propane, natural gas, or electricity; or
       (2)(b) other fuel that the board determines, by rule, to be:

            (2)(b)(i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or

            (2)(b)(ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed. See Utah Code 19-2-302
• Ambient air: means that portion of the atmosphere, external to buildings, to which the general public has access. See Utah Code 19-2-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby amphibole. See Utah Code 19-2-102
• Asbestos-containing material: means a material containing more than 1% asbestos, as determined using the method adopted in Utah Code 19-2-102
• Board: means the Air Quality Board. See Utah Code 19-2-102
• Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
• Board: means the Air Quality Board. See Utah Code 19-2-202
• Board: means the Air Quality Board. See Utah Code 19-2-302
• Certified: means certified by the United States Environmental Protection Agency or the California Air Resources Board to meet appropriate emission standards. See Utah Code 19-2-202
• Commission: means the State Tax Commission. See Utah Code 41-27-101
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conversion equipment: means equipment designed to:
       (5)(a) allow an eligible vehicle to operate on an alternative fuel; and
       (5)(b) reduce an eligible vehicle's emissions of regulated pollutants, as demonstrated by:

            (5)(b)(i) certification of the conversion equipment by the Environmental Protection Agency or by a state or country that has certification standards that are recognized, by rule, by the board;

            (5)(b)(ii) testing the eligible vehicle, before and after the installation of the equipment, in accordance with Utah Code 19-2-302
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost: means the total reasonable cost of a project eligible for a grant under the fund, including the cost of labor. See Utah Code 19-2-202
• Cost: means the total reasonable cost of a conversion kit and the paid labor, if any, required to install it. See Utah Code 19-2-302
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means the director of the Division of Air Quality. See Utah Code 19-2-202
• Director: means the director of the Division of Air Quality. See Utah Code 19-2-302
• Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
• Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-202
• Division: means the Motor Vehicle Division. See Utah Code 41-27-101
• Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
       (2)(a) Part 4, State Fire Code Administration Act; and
       (2)(b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
• Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-302
• Division: means the Division of Air Quality created in Section 19-1-105. See Utah Code 19-2-102
• Eligible vehicle: means a:
       (9)(a) commercial vehicle, as defined in Section 41-1a-102;
       (9)(b) farm tractor, as defined in Section 41-1a-102; or
       (9)(c) motor vehicle, as defined in Section 41-1a-102. See Utah Code 19-2-302
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
• 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
• Indirect source: means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. See Utah Code 19-2-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Libel: means a malicious defamation, expressed either by printing or by signs or pictures or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule. See Utah Code 45-2-2
• Novel vehicle: means a vehicle:
       (3)(a) that is not expressly exempt from registration; and
       (3)(b)

            (3)(b)(i) that does not fit within a vehicle category;

            (3)(b)(ii) with unique characteristics that make it unclear whether the vehicle fits within a vehicle category; or

            (3)(b)(iii) that a reasonable person would not consider the vehicle to be clearly included in an existing vehicle category. See Utah Code 41-27-101
• Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
• Operator: means the person who is in actual physical control of an off-highway vehicle. See Utah Code 41-22-2
• Owner: means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle. See Utah Code 41-22-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Slander: means any libel communicated by spoken words. See Utah Code 45-2-2
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vehicle: means a motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, restored-modified vehicle, off-highway vehicle, vessel, or park model recreational vehicle. See Utah Code 41-27-101
• Vehicle category: means a vehicle type:
            (5)(a)(i) that is defined in this title or Title 73, Chapter 18, State Boating Act; and
            (5)(a)(ii) for which registration is required under:

                 (5)(a)(ii)(A) this chapter;

                 (5)(a)(ii)(B) Chapter 1a, Motor Vehicle Act;

                 (5)(a)(ii)(C) Chapter 22, Off-highway Vehicles; or

                 (5)(a)(ii)(D) Title 73, Chapter 18, State Boating Act. See Utah Code 41-27-101
• Venue: The geographical location in which a case is tried.
• Verified: means verified by the United States Environmental Protection Agency or the California Air Resources Board to reduce air emissions and meet durability requirements. See Utah Code 19-2-202
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• VIN: means a vehicle identification number or a hull identification number. See Utah Code 41-27-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5