Utah Code > Title 23A > Chapter 4 – Licenses, Permits, Certificates of Registration, and Tags

		Sections
Part 1	General Provisions	23A-4-101
Part 2	Basic Requirements	23A-4-201 – 23A-4-211
Part 3	Special Circumstances	23A-4-301 – 23A-4-306
Part 4	Combined or Lifetime Licenses	23A-4-401 – 23A-4-402
Part 5	License Agents	23A-4-501 – 23A-4-503
Part 6	Fishing	23A-4-601 – 23A-4-602
Part 7	Hunting	23A-4-701 – 23A-4-710
Part 8	Falconry	23A-4-801 – 23A-4-802
Part 9	Furbearer License or Registration	23A-4-901 – 23A-4-905
Part 10	Education	23A-4-1001 – 23A-4-1007
Part 11	Violations and Enforcement	23A-4-1101 – 23A-4-1110

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 23A > Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags

Abusive conduct: means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. See Utah Code 53G-9-601
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Action plan: means a process to address an incident as described in Section Utah Code 53G-9-601
Activity regulated under this title: means an act, attempted act, or activity prohibited or regulated under this title or the rules and proclamations promulgated under this title pertaining to protected wildlife including:
     (1)(a) fishing;
     (1)(b) hunting;
     (1)(c) trapping;
     (1)(d) taking;
     (1)(e) permitting a dog, falcon, or other domesticated animal to take;
     (1)(f) transporting;
     (1)(g) possessing;
     (1)(h) selling;
     (1)(i) wasting;
     (1)(j) importing;
     (1)(k) exporting;
     (1)(l) rearing;
     (1)(m) keeping;
     (1)(n) using as a commercial venture; and
     (1)(o) releasing to the wild. See Utah Code 23A-1-101
Address: includes :
          (1)(b)(i) a post office box number;
          (1)(b)(ii) a rural free delivery route number; and
          (1)(b)(iii) a street name and number. See Utah Code 16-10a-102
Administrator: means an individual who supervises educators and holds an appropriate license. See Utah Code 53G-11-501
Administrator: includes "executor" when the subject matter justifies the use. 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.
Allegation: something that someone says happened.
Alternative classroom schedule: means a classroom schedule that is different than the schedule followed by other classrooms in the applicable school or LEA. See Utah Code 53G-10-601
Alternative curriculum: means curriculum in one or more subject areas that is based on standards that are different than the standards:
(2)(a) adopted by the state board; and
(2)(b) applicable to the regular curriculum offered in the subject area or areas in the applicable school or LEA. See Utah Code 53G-10-601
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.
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.
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
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Arrest: Taking physical custody of a person by lawful authority.
Articles of incorporation: include :
     (4)(a) amended and restated articles of incorporation;
     (4)(b) articles of merger; and
     (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
Authorized entity: means an LEA, qualifying private school, or the state board that is authorized to request a background check and ongoing monitoring under this part. See Utah Code 53G-11-401
behind-the-wheel driving: means operating a dual-controlled motor vehicle under the supervision of a certified instructor. See Utah Code 53G-10-501
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}
Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
Bullying: means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of:
     (3)(a) causing physical or emotional harm to the school employee or student;
     (3)(b) causing damage to the school employee's or student's property;
     (3)(c) placing the school employee or student in reasonable fear of:
          (3)(c)(i) harm to the school employee's or student's physical or emotional well-being; or
          (3)(c)(ii) damage to the school employee's or student's property;
     (3)(d) creating a hostile, threatening, humiliating, or abusive educational environment due to:
          (3)(d)(i) the pervasiveness, persistence, or severity of the actions; or
          (3)(d)(ii) a power differential between the bully and the target; or
     (3)(e) substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits. See Utah Code 53G-9-601
Bureau: means the Bureau of Criminal Identification within the Department of Public Safety created in Section 53-10-201. See Utah Code 53G-11-401
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
Career educator: means a licensed employee who has a reasonable expectation of continued employment under the policies of a local school board. See Utah Code 53G-11-501
Career employee: means an employee of a school district who has obtained a reasonable expectation of continued employment based upon Section 53G-11-503 and an agreement with the employee or the employee's association, district practice, or policy. See Utah Code 53G-11-501
Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
Chronically absent: means a student who:
(4)(a) was enrolled in an LEA for at least 60 calendar days; and
(4)(b) missed 10% or more days of instruction, whether the absence was excused or not. See Utah Code 53G-11-501
Commission: means the Public Service Commission. See Utah Code 54-2-1
Commissioner: means a member of the commission. See Utah Code 54-2-1
Communication: means the conveyance of a message, whether verbal, written, or electronic. See Utah Code 53G-9-601
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Congressional Record: The substantially verbatim account of daily proceedings in Congress. It is printed for each day Congress is in session. At the back of each daily issue is the "Daily Digest," which summarizes the day's floor and committee activities.
Contract: A legal written agreement that becomes binding when signed.
Contract employee: means an employee of a staffing service or other entity who works at a public or private school under a contract. See Utah Code 53G-11-401
Conviction: A judgement of guilt against a criminal defendant.
Corporate name: means :
(10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
(10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-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: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
Cyber-bullying: means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. See Utah Code 53G-9-601
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.
Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
Department: means the Department of Natural Resources. See Utah Code 23A-1-101
Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301
Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(13)(a)(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
(13)(a)(ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
Distribution electrical cooperative: includes an electrical corporation that:
     (8)(a) is a cooperative;
     (8)(b) conducts a business that includes the retail distribution of electricity the cooperative purchases or generates for the cooperative's members; and
     (8)(c) is required to allocate or distribute savings in excess of additions to reserves and surplus on the basis of patronage to the cooperative's:
          (8)(c)(i) members; or
          (8)(c)(ii) patrons. See Utah Code 54-2-1
district: means :
(14)(a) a public school district; or
(14)(b) the Utah Schools for the Deaf and the Blind. See Utah Code 53G-11-501
Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
domestic corporation: means a corporation for profit that:
(11)(a) is not a foreign corporation; and
(11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-102
Driver education: includes classroom instruction and driving and observation in a dual-controlled motor vehicle. See Utah Code 53G-10-501
educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 53G-11-301
Educator: means an individual employed by a school district who is required to hold a professional license issued by the state board, except:
(7)(a) a superintendent; or
(7)(b) an individual who works less than three hours per day or is hired for less than half of a school year. See Utah Code 53G-11-501
Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1
electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 53G-1-103
electronically transmitted: means a process of communication not directly involving the physical transfer of paper that is suitable for the receipt, retention, retrieval, and reproduction of information by the recipient, whether by e-mail, facsimile, or otherwise. See Utah Code 16-10a-102
Eligible customer: means a person who:
     (11)(a) on December 31, 2013:
          (11)(a)(i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and
          (11)(a)(ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and
     (11)(b) produces electricity:
          (11)(b)(i) from a qualifying power production facility for sale to a public utility in this state;
          (11)(b)(ii) primarily for the eligible customer's own use; or
          (11)(b)(iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1
Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
Employee: means a career or provisional employee of a school district, except as provided in Subsection (7)(b). See Utah Code 53G-11-501
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.
Entity: includes :
     (19)(a) a domestic and foreign corporation;
     (19)(b) a nonprofit corporation;
     (19)(c) a limited liability company;
     (19)(d) a profit or nonprofit unincorporated association;
     (19)(e) a business trust;
     (19)(f) an estate;
     (19)(g) a partnership;
     (19)(h) a trust;
     (19)(i) two or more persons having a joint or common economic interest;
     (19)(j) a state;
     (19)(k) the United States; and
     (19)(l) a foreign government. See Utah Code 16-10a-102
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.
FBI: means the Federal Bureau of Investigation. See Utah Code 53G-11-401
Fiduciary: A trustee, executor, or administrator.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
Fraud: Intentional deception resulting in injury to another.
Furbearer: means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar. See Utah Code 23A-1-101
Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
     (13)(a) gas is made or produced on, and distributed by the maker or producer through, private property:
          (13)(a)(i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and
          (13)(a)(ii) not for sale to others;
     (13)(b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or
     (13)(c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1
Gas plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of gas, natural or manufactured, for light, heat, or power. See Utah Code 54-2-1
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governmental subdivision: means :
     (21)(a) county;
     (21)(b) municipality; or
     (21)(c) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-10a-102
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Hazing: means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that:
          (6)(a)(i)
               (6)(a)(i)(A) endangers the mental or physical health or safety of a school employee or student;
               (6)(a)(i)(B) involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
               (6)(a)(i)(C) involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or
               (6)(a)(i)(D) involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
          (6)(a)(ii)
               (6)(a)(ii)(A) is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or
               (6)(a)(ii)(B) is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates. See Utah Code 53G-9-601
Health official: means an individual designated by a local health department from within the local health department to consult and counsel parents and licensed health care providers, in accordance with Subsection 53G-9-304(2)(a). See Utah Code 53G-9-301
Health official designee: means a licensed health care provider designated by a local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with parents, licensed health care professionals, and school officials. See Utah Code 53G-9-301
Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1
Heating plant: includes all real estate, fixtures, machinery, appliances, and personal property controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of artificial heat. See Utah Code 54-2-1
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
Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
Immunization record: means a record relating to a student that includes:
     (5)(a) information regarding each required vaccination that the student has received, including the date each vaccine was administered, verified by:
          (5)(a)(i) a licensed health care provider;
          (5)(a)(ii) an authorized representative of a local health department;
          (5)(a)(iii) an authorized representative of the department;
          (5)(a)(iv) a registered nurse; or
          (5)(a)(v) a pharmacist;
     (5)(b) information regarding each disease against which the student has been immunized by previously contracting the disease; and
     (5)(c) an exemption form identifying each required vaccination from which the student is exempt, including all required supporting documentation described in Section 53G-9-303. See Utah Code 53G-9-301
immunize: means a process through which an individual develops an immunity to a disease, through vaccination or natural exposure to the disease. See Utah Code 53G-9-301
Incident: means an incident of bullying, cyber-bullying, hazing, or retaliation that is prohibited under this part. See Utah Code 53G-9-601
Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
Independent power production facility: means a facility that:
(18)(a) produces electric energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources; or
(18)(b) is a qualifying power production facility. See Utah Code 54-2-1
Individual: means :
     (22)(a) a natural person;
     (22)(b) the estate of an incompetent individual; or
     (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
Innovation grant: means a grant of money under Section 53G-10-608 to pay for some or all innovation program costs. See Utah Code 53G-10-601
Innovation program: means a program establishing an alternative classroom schedule or an alternative curriculum, or both. See Utah Code 53G-10-601
Innovation program application: means an application:
(6)(a) proposing the implementation of an innovation program; and
(6)(b) submitted under Section 53G-10-603 to the LEA governing board for the LEA in which the innovation program is proposed. See Utah Code 53G-10-601
Innovation program costs: means costs occasioned by an innovation program that exceed costs of a class that is not subject to an innovation program. See Utah Code 53G-10-601
Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and
(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
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.
Joint resolution: A legislative measure which requires the approval of both chambers.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
LEA governing board: means a local school board or charter school governing board. See Utah Code 53G-9-601
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legally responsible individual: means :
     (6)(a) a student's parent;
     (6)(b) the student's legal guardian;
     (6)(c) an adult brother or sister of a student who has no legal guardian; or
     (6)(d) the student, if the student:
          (6)(d)(i) is an adult; or
          (6)(d)(ii) is a minor who may consent to treatment under Section 26B-4-321. See Utah Code 53G-9-301
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License applicant: includes an applicant for reinstatement of an expired, lapsed, suspended, or revoked license. See Utah Code 53G-11-401
Licensed health care provider: means a health care provider who is licensed under Title 58, Occupations and Professions, as:
     (7)(a) a medical doctor;
     (7)(b) an osteopathic doctor;
     (7)(c) a physician assistant; or
     (7)(d) an advanced practice registered nurse. See Utah Code 53G-9-301
Lien: A claim against real or personal property in satisfaction of a debt.
Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 53G-9-301
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Non-licensed employee: means an employee of an LEA or qualifying private school that does not hold a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure. See Utah Code 53G-11-401
Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
Nonutility energy supplier: means a person that:
(21)(a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with Utah Code 54-2-1
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
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.
Opportunity class: means a school class within the public education system that implements an innovation program. See Utah Code 53G-10-601
Oversight: Committee review of the activities of a Federal agency or program.
Participating student: means a K-12 student who participates in an opportunity class under an approved innovation program. See Utah Code 53G-10-601
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.
Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
Person: means an:
(40)(a) individual; or
(40)(b) entity. See Utah Code 16-6a-102
person: includes all individuals, corporations, partnerships, associations, trusts, and companies and their lessees, trustees, and receivers. See Utah Code 54-2-2
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal identifying information: means :
     (7)(a) current name, former names, nicknames, and aliases;
     (7)(b) date of birth;
     (7)(c) address;
     (7)(d) telephone number;
     (7)(e) driver license number or other government-issued identification number;
     (7)(f) social security number; and
     (7)(g) fingerprints. See Utah Code 53G-11-401
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
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Policy: means an LEA governing board policy described in Section 53G-9-605. See Utah Code 53G-9-601
Possession: means actual or constructive possession. See Utah Code 23A-1-101
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}
Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
     (25)(a) an annual report;
     (25)(b) an application for a certificate of authority; or
     (25)(c) a notice of change of principal office. See Utah Code 16-10a-102
Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:
(38)(a)(i) are propagated or kept for a private noncommercial purpose; and
(38)(a)(ii) may be taken without a fishing license. See Utah Code 23A-1-101
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 :
     (26)(a) a civil suit;
     (26)(b) arbitration or mediation; and
     (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Proclamation: means the publication that is:
(41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
(41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
Property: includes both real and personal property. See Utah Code 68-3-12.5
Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
Provisional educator: means an educator employed by a school district who has not achieved status as a career educator within the school district. See Utah Code 53G-11-501
Provisional employee: means an individual, other than a career employee or a temporary employee, who is employed by a school district. See Utah Code 53G-11-501
Public education suicide prevention coordinator: means the public education suicide prevention coordinator described in Section 53G-9-702. See Utah Code 53G-9-601
Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
Qualifying power production facility: means a facility that:
     (26)(a) produces electrical energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources;
     (26)(b) has a power production capacity that, together with any other facilities located at the same site, is no greater than 80 megawatts; and
     (26)(c) is a qualifying small power production facility under federal law. See Utah Code 54-2-1
Qualifying private school: means a private school that:
(9)(a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship Program; and
(9)(b) is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. See Utah Code 53G-11-401
Quorum: The number of legislators that must be present to do business.
Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
Railroad corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any railroad for public service within this state. See Utah Code 54-2-1
Rap back system: means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system. See Utah Code 53G-11-401
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
     (28)(a) the corporation at its:
          (28)(a)(i) registered office in this state; or
          (28)(a)(ii) principal office;
     (28)(b) the secretary of the corporation, wherever the secretary is found; or
     (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
Record date: means the date established under Part 6, Shares and Distributions, or Part 7, Shareholders, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102
Registered office: means the office within this state designated by a domestic or foreign corporation as its registered office in the most recent document on file with the division providing that information, including:
     (30)(a) articles of incorporation;
     (30)(b) an application for a certificate of authority; or
     (30)(c) a notice of change of registered office. See Utah Code 16-10a-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Required vaccines: means vaccines required by department rule described in Section 53G-9-305. See Utah Code 53G-9-301
resident: means a person who:
(47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
(47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
School: means any public or private:
          (10)(a)(i) elementary or secondary school through grade 12;
          (10)(a)(ii) preschool;
          (10)(a)(iii) child care program, as that term is defined in Section 26B-2-401;
          (10)(a)(iv) nursery school; or
          (10)(a)(v) kindergarten. See Utah Code 53G-9-301
School: means a public elementary or secondary school, including a charter school. See Utah Code 53G-9-601
School board: means a local school board or, for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53G-11-501
School employee: means an individual working in the individual's official capacity as:
     (13)(a) a school teacher;
     (13)(b) a school staff member;
     (13)(c) a school administrator; or
     (13)(d) an individual:
          (13)(d)(i) who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; and
          (13)(d)(ii) who works on a school campus. See Utah Code 53G-9-601
Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
     (32)(a) the preparation and maintenance of:
          (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and
          (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
     (32)(b) authenticating records of the corporation. See Utah Code 16-10a-102
Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
Sewerage corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any sewerage system for public service within this state. See Utah Code 54-2-1
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
Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
Shareholder: means :
(34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
(34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
Short-term fishing event: means an event when:
(49)(a) privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity; and
(49)(b) no fee is charged as a requirement to fish. See Utah Code 23A-1-101
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Small game: means species of protected wildlife:
     (50)(a) commonly pursued for sporting purposes;
     (50)(b) not classified as big game, aquatic wildlife, or furbearers; and
     (50)(c) excluding turkey, cougar, and bear. See Utah Code 23A-1-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State suicide prevention coordinator: means the state suicide prevention coordinator described in Section 26B-5-611. See Utah Code 53G-9-601
State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53G-9-601
Statute: A law passed by a legislature.
Student: means an individual who attends a school. See Utah Code 53G-9-301
Summative evaluation: means an evaluation that:
     (15)(a) a supervisor conducts;
     (15)(b) summarizes an educator's performance during an evaluation cycle; and
     (15)(c) a supervisor or school district may use to make decisions related to an educator's employment. See Utah Code 53G-11-501
Summons: Another word for subpoena used by the criminal justice system.
Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
Take: means to:
(54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
(54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
Telegraph corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any telegraph line for public service within this state. See Utah Code 54-2-1
Telegraph line: includes all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telegraph, whether that communication be had with or without the use of transmission wires. See Utah Code 54-2-1
Telephone cooperative: means a telephone corporation that:
(32)(a) is a cooperative; and
(32)(b) is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. See Utah Code 54-2-1
Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
Temporary employee: means an individual who is employed on a temporary basis as defined by policies adopted by the school board. See Utah Code 53G-11-501
term of employment: means the period of time during which an employee is engaged by the school district under a contract of employment, whether oral or written. See Utah Code 53G-11-501
termination: means :
     (6)(a) termination of the status of employment of an employee;
     (6)(b) failure to renew or continue the employment contract of a career employee beyond the then-current school year;
     (6)(c) reduction in salary of an employee not generally applied to all employees of the same category employed by the school district during the employee's contract term; or
     (6)(d) change of assignment of an employee with an accompanying reduction in pay, unless the assignment change and salary reduction are agreed to in writing. See Utah Code 53G-11-501
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported, and the receipt, carriage, and delivery of that person and that person's baggage. See Utah Code 54-2-1
Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and hauling, and the transmission of credit by express companies. See Utah Code 54-2-1
Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 16-10a-102
Trophy animal: means an animal described as follows:
     (57)(a) deer - a buck with an outside antler measurement of 24 inches or greater;
     (57)(b) elk - a bull with six points on at least one side;
     (57)(c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
     (57)(d) moose - a bull with at least one antler exceeding five inches in length;
     (57)(e) mountain goat - a male or female;
     (57)(f) pronghorn antelope - a buck with horns exceeding 14 inches; or
     (57)(g) bison - a bull. See Utah Code 23A-1-101
Trustee: A person or institution holding and administering property in trust.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unsatisfactory performance: means a deficiency in performing work tasks that may be:
(17)(a)(i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
(17)(a)(ii) remediated through training, study, mentoring, or practice. See Utah Code 53G-11-501
Upland game: means pheasant, quail, partridge, grouse, ptarmigan, mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare. See Utah Code 23A-1-101
Utility vehicle charging service: means the furnishing of electricity:
     (38)(a) to an electric vehicle battery charging station;
     (38)(b) by a public utility in whose service area the charging station is located; and
     (38)(c) pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. See Utah Code 54-2-1
vaccination: means the administration of a vaccine. See Utah Code 53G-9-301
Vaccination exemption form: means a form, described in Section 53G-9-304, that documents and verifies that a student is exempt from the requirement to receive one or more required vaccines. See Utah Code 53G-9-301
Vaccine: means the substance licensed for use by the United States Food and Drug Administration that is injected into or otherwise administered to an individual to immunize the individual against a communicable disease. See Utah Code 53G-9-301
Veteran: means an individual who:
          (44)(a)(i) has served in the United States Armed Forces for at least 180 days:
               (44)(a)(i)(A) on active duty; or
               (44)(a)(i)(B) in a reserve component, to include the National Guard; or
          (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
          (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
Water corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any water system for public service within this state. See Utah Code 54-2-1
Water system: includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, appointment, apportionment, or measurement of water for power, fire protection, irrigation, reclamation, or manufacturing, or for municipal, domestic, or other beneficial use. See Utah Code 54-2-1
Wholesale electrical cooperative: includes every electrical corporation that is:
(41)(a) in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and
(41)(b) required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage. See Utah Code 54-2-1
Wildlife: means :
     (61)(a) crustaceans, including brine shrimp and crayfish;
     (61)(b) mollusks; and
     (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
Wildlife parts: means biological material derived from the body or anatomy of wildlife, including:
     (63)(a) an antler or horn;
     (63)(b) a hide;
     (63)(c) a bone; or
     (63)(d) meat. See Utah Code 23A-1-101
WIN Database: means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database. See Utah Code 53G-11-401
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