Terms Used In Utah Code > Title 23A > Chapter 5 > Part 3 - Violations

• 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
• 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.
• 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.
• Aquatic wildlife: means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. See Utah Code 23A-1-101
• Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
• Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
• 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
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservation officer: means a full-time, permanent employee of the division who is POST certified as a peace or a special function officer. See Utah Code 23A-1-101
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Docket: A log containing brief entries of court proceedings.
• 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
• Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• 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.
• 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.
• Fishing: means to take fish or crayfish by any means. 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
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• 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
• Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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.
• 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.
• Pecuniary gain: means the acquisition of money or something of monetary value. See Utah Code 23A-1-101
• 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
• 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.
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• 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
• 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
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• 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.
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Spotlighting: means throwing or casting the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed. 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
• Swear: includes "affirm. See Utah Code 68-3-12.5
• 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
• 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
• Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• 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
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• Utility-owned vehicle charging infrastructure: means all facilities, equipment, and electrical systems owned and installed by a large-scale electric utility:
       (37)(a) on the customer's side or the large-scale electric utility's side of the electricity metering equipment; and
       (37)(b) to facilitate utility vehicle charging service or other electric vehicle battery charging service. See Utah Code 54-2-1
• Waste: means to:
       (59)(a) abandon protected wildlife; or
       (59)(b) allow protected wildlife to spoil or to be used in a manner not normally associated with the protected wildlife's beneficial use. See Utah Code 23A-1-101
• 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
• Wild: means the natural environment, including a private pond or private property. See Utah Code 23A-1-101
• 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
• 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