Utah Code > Title 31A > Chapter 22 – Contracts in Specific Lines
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Terms Used In Utah Code > Title 31A > Chapter 22 - Contracts in Specific Lines
- Access denial: means a governmental entity's denial, under Subsection 63G-2-204(9) or Section 63G-2-205, in whole or in part, of a record request. See Utah Code 63G-2-400.5
- Accident and health insurance: means insurance to provide protection against economic losses resulting from:(1)(a)(i) a medical condition including:(1)(a)(i)(A) a medical care expense; or(1)(a)(i)(B) the risk of disability;(1)(a)(ii) accident; or(1)(a)(iii) sickness. See Utah Code 31A-1-301
- ACEC: means an area of critical environmental concern as defined in Utah Code 63J-8-102
- Acquisition date: means the day on which the state received title to land. See Utah Code 63L-7-103
- action: means :
(2)(a)(i) proposed rules and emergency rules by a state agency that if adopted and enforced may limit the use of private property unless:(2)(a)(i)(A) its provisions are in accordance with applicable state or federal statutes; and(2)(a)(i)(B) the agency has adopted and implemented the guidelines required by Section63L-3-201 ;(2)(a)(ii) proposed or implemented licensing or permitting conditions, requirements, or limitations to the use of private property unless:(2)(a)(ii)(A) its provisions are in accordance with applicable state or federal statutes, rules, or regulations; and(2)(a)(ii)(B) the agency has adopted and implemented the guidelines required by Section63L-3-201 ;(2)(a)(iii) required dedications or exactions from owners of private property; or(2)(a)(iv) statutes and rules. See Utah Code 63L-3-102- Action settlement agreement: includes a stipulation, consent decree, settlement agreement, or any other legally binding document or representation that resolves a threatened or pending lawsuit between the state and another party by requiring the state to take legally binding action. See Utah Code 63G-10-102
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjudicative proceeding: means an agency action or proceeding described in Section
63G-4-102 . See Utah Code 63G-4-103- 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 record: means information an agency relies upon when making a rule under this chapter including:
(1)(a) the proposed rule, change in the proposed rule, and the rule analysis form;(1)(b) the public comment received and recorded by the agency during the public comment period;(1)(c) the agency's response to the public comment;(1)(d) the agency's analysis of the public comment; and(1)(e) the agency's report of its decision-making process. See Utah Code 63G-3-102- Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
- Administrator: means the same as that term is defined in Section 67-4a-102. See Utah Code 31A-22-1902
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- ADR: means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues. See Utah Code 63G-5-102
- ADR provider: includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor. See Utah Code 63G-5-102
- Adult: means an individual who is 18 years old or older. See Utah Code 31A-1-301
- 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.
- Affected area: means :
(1)(a) the area that is designated in statute, county ordinance, or municipal ordinance as the area for which public notice must be provided;(1)(b) in relation to a statute, if no affected area is designated in the statute, the affected area is the state;(1)(c) in relation to a county ordinance, if no affected area is designated in the county ordinance, the affected area is the county; or(1)(d) in relation to a municipal ordinance, if no affected area is designated in the municipal ordinance, the affected area is the municipality. See Utah Code 63G-30-101- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
- Affiliation: means association with an entity, including association in the form of employment, ownership, shareholdership, or financial interest. See Utah Code 63G-24-102
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- Agency: means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or perform other similar actions or duties delegated by law. See Utah Code 63G-3-102
- Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Agency: includes the legislative branch, the judicial branch, the attorney general's office, the State Board of Education, the Utah Board of Higher Education, the institutional councils of each higher education institution, and each higher education institution. See Utah Code 63G-10-102
- Agency: means :
(1)(a) the House of Representatives;(1)(b) the Senate;(1)(c) a staff office of the Legislature;(1)(d) a department in the executive branch of state government;(1)(e) the Judicial Council; or(1)(f) a state institution of higher education. See Utah Code 63G-17-102- Agency: means the same as that term is defined in Section 63G-4-103. See Utah Code 63G-24-102
- agency: means any state authority, board, commission, department, division, office, or other agency, and the statute that established it. See Utah Code 63I-1-102
- Agency: means a unit of accounting, typically associated with a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government, that includes line items and programs. See Utah Code 63J-1-102
- Agency: means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 63J-2-102
- Agency: includes :
(1)(a)(ii)(A) executive branch entities;(1)(a)(ii)(B) judicial branch entities; and(1)(a)(ii)(C) the State Board of Education. See Utah Code 63J-5-102- Agency: includes executive branch entities and judicial branch entities. See Utah Code 63J-7-101
- Agency head: means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute. See Utah Code 63G-4-103
- Agency head: means a cabinet officer, an elected official, an executive director, or a board or commission vested with responsibility to administer or make policy for a state agency. See Utah Code 63I-5-102
- Allegation: something that someone says happened.
- 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.
- American Rescue Plan Act: means the American Rescue Plan Act, Pub. See Utah Code 63J-4-801
- 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.
- Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
- 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.
- Appellate affirmation: means a decision of a chief administrative officer, local appeals board, or State Records Committee affirming an access denial. See Utah Code 63G-2-400.5
- Applicant: means :
(1)(a) when referring to an individual limited long-term care insurance policy, the person who seeks to contract for benefits; and(1)(b) when referring to a group limited long-term care insurance policy, the proposed certificate holder. See Utah Code 31A-22-2002- Application: means a document:
(10)(a)(10)(a)(i) completed by an applicant to provide information about the risk to be insured; and(10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:(10)(a)(ii)(A) insure the risk under:(10)(a)(ii)(A)(I) the coverage as originally offered; or(10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or(10)(a)(ii)(B) decline to insure the risk; or(10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301- Appointed board member: means an individual appointed by the governor, with the consent of the Senate, to serve on a rulemaking board. See Utah Code 63G-24-102
- Appointing authority: means :
(4)(a) the governor, for state agencies other than the State Tax Commission;(4)(b) the Judicial Council, for judicial branch agencies;(4)(c) the Utah Board of Higher Education, for higher education entities;(4)(d) the State Board of Education, for entities administered by the State Board of Education; or(4)(e) the four tax commissioners, for the State Tax Commission. See Utah Code 63I-5-102- Appointing officer: means :
(1)(a) the chair of the board; or(1)(b) a designee of the chair who is not employed by the procurement unit responsible for the solicitation, contract award, or other action that is the subject of the protestor's protest. See Utah Code 63G-6a-1701.5- Appraisal: A determination of property value.
- Appropriated entity: means any entity that receives state funds. See Utah Code 63J-1-902
- 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
- Appropriations: includes appropriations that are contingent upon available surpluses in the General Fund and Income Tax Fund. See Utah Code 63J-3-103
- Approved vendor: means a person who has been approved for inclusion on an approved vendor list through the approved vendor list process. See Utah Code 63G-6a-103
- Approved vendor list: means a list of approved vendors established under Section
63G-6a-507 . See Utah Code 63G-6a-103- Approved vendor list process: means the procurement process described in Section
63G-6a-507 . See Utah Code 63G-6a-103- Arbitration: means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented. See Utah Code 63G-5-102
- 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: means :
(11)(a) the original articles;(11)(b) a special law;(11)(c) a charter;(11)(d) an amendment;(11)(e) restated articles;(11)(f) articles of merger or consolidation;(11)(g) a trust instrument;(11)(h) another constitutive document for a trust or other entity that is not a corporation; and(11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301- Asset: means property of all kinds, real and personal, tangible and intangible, and includes:
(1)(a) cash, except reasonable compensation or salary for services rendered;(1)(b) stock or other investments;(1)(c) goodwill;(1)(d) real property;(1)(e) an ownership interest;(1)(f) a license;(1)(g) a cause of action; and(1)(h) any similar property. See Utah Code 63E-1-401- Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Associate member state: means any state that is not a "member state. See Utah Code 63L-6-105
- Asymmetric conduct: means an insurer's use of the death master file or other similar database before July 1, 2015, in connection with searching for information regarding whether annuitants under the insurer's annuities might be deceased, but not in connection with whether the insureds under the insurer's policies might be deceased. See Utah Code 31A-22-1902
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Audit: means :
(1)(a) a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or(1)(b) a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations. See Utah Code 63G-2-103- Audit committee: means a standing committee composed of members who:
(5)(a) are appointed by an appointing authority;(5)(b)(5)(b)(i) do not have administrative responsibilities within the agency; and(5)(b)(ii) are not an agency contractor or other service provider; and(5)(c) have the expertise to provide effective oversight of and advice about internal audit activities and services. See Utah Code 63I-5-102- audit director: means the person who:
(3)(a) directs the internal audit program for the state agency; and(3)(b) is appointed by the audit committee or, if no audit committee has been established, by the agency head. See Utah Code 63I-5-102- Audit plan: means a prioritized list of audits to be performed by an internal audit program within a specified period of time. See Utah Code 63I-5-102
- Authority: means the Military Installation Development Authority, created under Section
63H-1-201 . See Utah Code 63H-1-102- Authority: means the Utah Communications Authority created in Section
63H-7a-201 . See Utah Code 63H-7a-103- Authorized user: means , for a protected computer:
(1)(a) the protected computer's owner; or(1)(b) an individual who has permission to access the protected computer under Section 63D-3-103. See Utah Code 63D-3-102- Authorizing statute: means the statute creating an entity as an independent entity. See Utah Code 63E-1-102
- Backhaul network: means the portion of a public safety communications network that consists primarily of microwave paths, fiber lines, or ethernet circuits. See Utah Code 63H-7a-103
- 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 taxable value: means :
(2)(a) for military land or other land that was exempt from a property tax at the time that a project area was created that included the military land or other land, a taxable value of zero; or(2)(b) for private property that is included in a project area, the taxable value of the property within any portion of the project area, as designated by board resolution, from which the property tax allocation will be collected, as shown upon the assessment roll last equalized:(2)(b)(i) before the year in which the authority creates the project area; or(2)(b)(ii) before the year in which the project area plan is amended, for property added to a project area by an amendment to a project area plan. See Utah Code 63H-1-102- Base year real per capita appropriations: means the result obtained for the state by dividing the fiscal year 1985 actual appropriations of the state less debt money by:
(2)(a) the state's July 1, 1983 population; and(2)(b) the fiscal year 1983 inflation index divided by 100. See Utah Code 63J-3-103- Basic health insurance plan: means a health plan that is actuarially equivalent to a federally qualified high deductible health plan. See Utah Code 63G-12-102
- 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
- Best practices toolbox: means the collection of resources for governmental entities provided on the website of the Office of the Legislative Auditor General that includes a best practice self-assessment and other resources, tools, surveys, and reports designed to help government organizations better serve the citizens of the state. See Utah Code 63H-9-101
- Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
- Bidding process: means the procurement process described in Part 6, Bidding. See Utah Code 63G-6a-103
- biotechnology: is:
(2)(a) the modification of living organisms by recombinant DNA techniques; and(2)(b) a means to accomplish, through genetic engineering, the same kinds of modifications accomplished through traditional genetic techniques such as crossbreeding. See Utah Code 63G-19-101- blanket contract: means a group insurance policy covering a defined class of persons:
(14)(a) without individual underwriting or application; and(14)(b) that is determined by definition without designating each person covered. See Utah Code 31A-1-301- BLM: means the United States Bureau of Land Management. See Utah Code 63J-8-102
- BLM recommended wilderness: means a wilderness study area recommended for wilderness designation in the final report of the president of the United States to the United States Congress in 1993. See Utah Code 63J-8-102
- Board: means the Utah State Procurement Policy Board, created in Section
63G-6a-202 . See Utah Code 63G-6a-103- Board: means the governing body of the authority created under Section
63H-1-301 . See Utah Code 63H-1-102- Board: means the Utah Communications Authority Board created in Section
63H-7a-203 . See Utah Code 63H-7a-103- Board of education: means :
(1)(a) a local school board described in Title 53G, Chapter 4, School Districts;(1)(b) the State Board of Education;(1)(c) the State Charter School Board created under Section53G-5-201 ; or(1)(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 63G-16-201- Body of water: means any natural or man-made accumulation of water, regardless of whether the accumulation of water is static or subject to a force that causes a hydrological current. See Utah Code 63G-32-101
- Boycott action: means refusing to deal, terminating business activities, or limiting commercial relations. See Utah Code 63G-27-102
- Boycotted company: means a company that:
(3)(a) engages in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, mining, or agriculture;(3)(b) engages in, facilitates, or supports the manufacture, distribution, sale, or use of firearms;(3)(c) does not meet or commit to meet environmental standards, including standards for eliminating, reducing, offsetting, or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements; or(3)(d) does not facilitate or commit to facilitate access to abortion or sex characteristic surgical procedures. See Utah Code 63G-27-102- Budget execution plan: means a proposal submitted by an administrative unit of state government to the Division of Finance enumerating expected revenues and authorized expenditures within line items and among programs. See Utah Code 63J-1-102
- Bulletin: means the Utah State Bulletin. See Utah Code 63G-3-102
- Business entity: means :
(17)(a) a corporation;(17)(b) an association;(17)(c) a partnership;(17)(d) a limited liability company;(17)(e) a limited liability partnership; or(17)(f) another legal entity. See Utah Code 31A-1-301- Business interest: means :
(2)(a) holding the position of trustee, director, officer, or other similar position with a business entity; or(2)(b) the ownership, either legally or equitably, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity, being held by:(2)(b)(i) an individual;(2)(b)(ii) the individual's spouse;(2)(b)(iii) a minor child of the individual; or(2)(b)(iv) any combination of Subsections (2)(b)(i) through (iii). See Utah Code 63E-1-401- CAD-to-CAD: means standardized connectivity between PSAPs or between a PSAP and a dispatch center for the transmission of data between CADs. See Utah Code 63H-7a-103
- Calendar year: means the time period beginning on January 1 of any given year and ending on December 31 of the same year. See Utah Code 63J-3-103
- Capitol hill complex: means capitol hill, as defined in Section
63O-1-101 . See Utah Code 63G-1-702- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Casualty insurance: means liability insurance. See Utah Code 31A-1-301
- Catchline: means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as described in Section 68-3-13. See Utah Code 63G-3-102
- 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.
- Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or(23)(b) a third party. See Utah Code 31A-1-301- Certificate holder: means a person who:
(1)(a) requests, obtains, or possesses a certificate of insurance; and(1)(b) is not a policyholder. See Utah Code 31A-22-1702- Certificate of insurance: means a document that is prepared for or issued to a person who is not a policyholder as evidence of insurance, regardless of how it is titled or described. See Utah Code 31A-22-1702
- Change order: means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract. See Utah Code 63G-6a-103
- Changing room: includes :
(1)(b)(i) a dressing room, fitting room, locker room, or shower room; and(1)(b)(ii) a restroom when a changing room contains or is attached to the restroom. See Utah Code 63G-31-101- Chief procurement officer: means the individual appointed under Section
63A-2-102 . See Utah Code 63G-6a-103- Child placing: means the same as that term is defined in Section 26B-2-101. See Utah Code 63G-20-102
- Child-placing agency: means a private person that is engaged in child placing related to a child who is not in the custody of the state. See Utah Code 63G-20-102
- Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102
- Claims-made coverage: means an insurance contract or provision limiting coverage under a policy insuring against legal liability to claims that are first made against the insured while the policy is in force. See Utah Code 31A-1-301
- Code: means the body of all effective rules as compiled and organized by the office and entitled "Utah Administrative Code. See Utah Code 63G-3-102
- Collect: includes use of any identifying code linked to a user of a governmental website. See Utah Code 63D-2-102
- Committee: means the Retirement and Independent Entities Committee created by Section 63E-1-201. See Utah Code 63E-1-102
- 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.
- Compact: means the Interstate Compact on the Transfer of Public Lands. See Utah Code 63L-6-105
- Compact administrator: means the person selected by the compact commission to staff the compact commission and whose duties, powers, and tenure are only those approved by the commission. See Utah Code 63L-6-105
- Compact commission: means the entity composed of member state representatives and who will administer the compact. See Utah Code 63L-6-105
- Company: includes any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of an entity described in Subsection (4)(a). See Utah Code 63G-27-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computer: includes any data storage device, data storage facility, or communications facility that is directly related to or that operates in conjunction with the device described in Subsection (2)(a). See Utah Code 63D-3-102
- Computer program: means :
(4)(a)(i) a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system; and(4)(a)(ii) any associated documentation and source material that explain how to operate the computer program. See Utah Code 63G-2-103- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement:
(10)(a) except:(10)(a)(i) reviewing a solicitation to verify that it is in proper form; and(10)(a)(ii) causing the publication of a notice of a solicitation; and(10)(b) including:(10)(b)(i) preparing any solicitation document;(10)(b)(ii) appointing an evaluation committee;(10)(b)(iii) conducting the evaluation process, except the process relating to scores calculated for costs of proposals;(10)(b)(iv) selecting and recommending the person to be awarded a contract;(10)(b)(v) negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and(10)(b)(vi) contract administration. See Utah Code 63G-6a-103- Consensus group: means the Office of Legislative Research and General Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal Analyst. See Utah Code 63H-9-101
- Conservation area: means an area that potentially has wilderness characteristics. See Utah Code 63L-7-103
- Conservation district: means the same as that term is defined in Section
17D-3-102 . See Utah Code 63G-6a-103- Constitutional taking issues: means actions involving the physical taking or exaction of private real property by a political subdivision that might require compensation to a private real property owner because of:
(1)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States;(1)(b) Article I, Section 22 of the Utah Constitution; or(1)(c) any recent court rulings governing the physical taking or exaction of private real property by a government entity. See Utah Code 63L-4-102- consultant: means a person who:
(99)(a) advises another person about insurance needs and coverages;(99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and(99)(c) except as provided in Section31A-23a-501 , is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301- Contingency disclosure and plan: means , with respect to a federal funds reauthorization or new federal funds request, the submitting or requesting agency's:
(1)(b)(i) disclosure of:(1)(b)(i)(A) the likelihood that the amount or value of the federal funds will be reduced, and how that likelihood changes over time; and(1)(b)(i)(B) the likelihood that the federal funds will become unavailable, and how that likelihood changes over time;(1)(b)(ii) explanation of:(1)(b)(ii)(A) whether accepting the federal funds may create an expectation of ongoing funding by any beneficiary of the funds; and(1)(b)(ii)(B) as applicable, how the agency will communicate to stakeholders that services funded by the federal funds may or will be temporary;(1)(b)(iii) plan for how the agency will:(1)(b)(iii)(A) proceed if the amount or value of the federal funds are unexpectedly reduced in any material degree or amount;(1)(b)(iii)(B) proceed if the federal funds become unavailable unexpectedly;(1)(b)(iii)(C) wind down the program or services funded by the federal funds when the federal funds are exhausted; and(1)(b)(iii)(D) transition any beneficiaries of the funds to a different program or service provider if the agency is unable to continue providing the same program or services due to a decrease or loss of federal funds; and(1)(b)(iv) designation of the federal funds and the program or purpose for which the funds will be used as either:(1)(b)(iv)(A) mandatory under federal or state law;(1)(b)(iv)(B) high priority; or(1)(b)(iv)(C) low priority. See Utah Code 63J-5-102- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Contract: means an annuity contract. See Utah Code 31A-22-1902
- Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:
(16)(a) implementing the contract;(16)(b) ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor;(16)(c) executing change orders;(16)(d) processing contract amendments;(16)(e) resolving, to the extent practicable, contract disputes;(16)(f) curing contract errors and deficiencies;(16)(g) terminating a contract;(16)(h) measuring or evaluating completed work and contractor performance;(16)(i) computing payments under the contract; and(16)(j) closing out a contract. See Utah Code 63G-6a-103- Contractor: means :
(5)(a)(i) any person who contracts with a governmental entity to provide goods or services directly to a governmental entity; or(5)(a)(ii) any private, nonprofit organization that receives funds from a governmental entity. See Utah Code 63G-2-103- Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103
- contribution: means any of the following when done for a political purpose:
(1)(a)(i) a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to the filing entity;(1)(a)(ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to the filing entity;(1)(a)(iii) any transfer of funds from another reporting entity to the filing entity;(1)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;(1)(a)(v) a loan made by a county office candidate or local school board candidate deposited into the county office candidate's or local school board candidate's own campaign account; or(1)(a)(vi) an in-kind contribution. See Utah Code 17-16-202- Controlled record: means a record containing data on individuals that is controlled as provided by Section
63G-2-304 . See Utah Code 63G-2-103- Conviction: A judgement of guilt against a criminal defendant.
- Cooperative procurement: means procurement conducted by, or on behalf of:
(18)(a) more than one procurement unit; or(18)(b) a procurement unit and a cooperative purchasing organization. See Utah Code 63G-6a-103- Cooperative purchasing organization: means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section
63G-6a-2105 . See Utah Code 63G-6a-103- 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 an insurance corporation, except when referring to:
(34)(a)(i) a corporation doing business:(34)(a)(i)(A) as:(34)(a)(i)(A)(I) an insurance producer;(34)(a)(i)(A)(II) a surplus lines producer;(34)(a)(i)(A)(III) a limited line producer;(34)(a)(i)(A)(IV) a consultant;(34)(a)(i)(A)(V) a managing general agent;(34)(a)(i)(A)(VI) a reinsurance intermediary;(34)(a)(i)(A)(VII) a third party administrator; or(34)(a)(i)(A)(VIII) an adjuster; and(34)(a)(i)(B) under:(34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;(34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or(34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or(34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301- Corporation: means the Utah Housing Corporation created by Section 63H-8-201, which, prior to July 1, 2001, was named the Utah Housing Finance Agency. See Utah Code 63H-8-103
- Cost-reimbursement contract: means a contract under which a contractor is reimbursed for costs which are allowed and allocated in accordance with the contract terms and the provisions of this chapter, and a fee, if any. See Utah Code 63G-6a-103
- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County office: means an office described in Section
17-53-101 that is required to be filled by an election. See Utah Code 17-16-202- County office candidate: means an individual who:
(3)(a) files a declaration of candidacy for a county office; or(3)(b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. See Utah Code 17-16-202- County officer: means an individual who holds a county office. See Utah Code 17-16-202
- Court website: means a website on the Internet that is operated by or on behalf of any court created in Title 78A, Chapter 1, Judiciary. See Utah Code 63D-2-102
- Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments coming due on a specific loan or other credit transaction while the debtor has a disability. See Utah Code 31A-1-301
- Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
- Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
- Credit transaction: means any transaction under which the payment for money loaned or for goods, services, or properties sold or leased is to be made on future dates. See Utah Code 31A-22-802
- Creditable coverage: includes coverage that is offered through a public health plan such as:
(35)(b)(i) the Primary Care Network Program under a Medicaid primary care network demonstration waiver obtained subject to Section26B-3-108 ;(35)(b)(ii) the Children's Health Insurance Program under Section26B-3-904 ; or(35)(b)(iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. See Utah Code 31A-1-301- Creditor: means a person, including an insured, having a claim, whether:
(39)(a) matured;(39)(b) unmatured;(39)(c) liquidated;(39)(d) unliquidated;(39)(e) secured;(39)(f) unsecured;(39)(g) absolute;(39)(h) fixed; or(39)(i) contingent. See Utah Code 31A-1-301- Creditor: means the lender of money or the vendor or lessor of goods, services, or property, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of any lender or vendor. See Utah Code 31A-22-802
- Customer: means a person who purchases portable electronics. See Utah Code 31A-22-1802
- Damage: includes :
(3)(b)(i) the cost of repairing or restoring a protected computer;(3)(b)(ii) economic damages;(3)(b)(iii) consequential damages, including interruption of service; and(3)(b)(iv) profit by the individual from the unauthorized access to the protected computer. See Utah Code 63D-3-102- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
- Death master file: means the United States Social Security Administration's Death Master File or another database or service that is at least as comprehensive as the United States Social Security Administration's Death Master File for determining that a person has reportedly died. See Utah Code 31A-22-1902
- Death master file match: means a search of a death master file that results in a match of the Social Security number, or the name and date of birth of an insured, annuity owner, or retained asset account holder. See Utah Code 31A-22-1902
- Debt service: means the money that is required annually to cover the repayment of interest and principal on state debt. See Utah Code 63J-1-102
- Debtor: means a borrower of money or a purchaser, including a lessee under a lease intended as security, of goods, services, or property, for which payment is arranged through a credit transaction. See Utah Code 31A-22-802
- Declaratory proceeding: means a proceeding authorized and governed by Section
63G-4-503 . See Utah Code 63G-4-103- Dedicated credits: includes :
(4)(b)(i) assessments;(4)(b)(ii) sales of goods and materials;(4)(b)(iii) sales of services;(4)(b)(iv) permits, licenses, and other fees;(4)(b)(v) fines, penalties, and forfeitures; and(4)(b)(vi) rental revenue. See Utah Code 63J-1-102- Dedicated credits: means the same as that term is defined in Section 63J-1-102. See Utah Code 63J-2-102
- Dedicated tax collections: means the property tax that remains after the authority is paid the property tax allocation the authority is entitled to receive under Subsection
63H-1-501 (1), for a property tax levied by:(4)(a)(i) a county, including a district the county has established under Subsection17-34-3 (2) to levy a property tax under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas; or(4)(a)(ii) an included municipality. See Utah Code 63H-1-102- 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.
- Definite quantity contract: means a fixed price contract that provides for a specified amount of supplies over a specified period, with deliveries scheduled according to a specified schedule. See Utah Code 63G-6a-103
- Demonstrates: means to produce the evidence necessary to meet, and to meet, the burden of persuasion. See Utah Code 63G-33-101
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Department: means the Department of Government Operations created in Section 63A-1-104. See Utah Code 63G-3-102
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 63G-12-102
- Department: means the Department of Health and Human Services. See Utah Code 63G-6a-2501
- Dependent: A person dependent for support upon another.
- Design professional: means :
(24)(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act;(24)(b) an individual licensed as a professional engineer or professional land surveyor under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;(24)(c) an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing Act, to engage in the practice of landscape architecture, as defined in Section58-53-102 ; or(24)(d) an individual certified as a commercial interior designer under Title 58, Chapter 86, State Certification of Commercial Interior Designers Act. See Utah Code 63G-6a-103- Design professional procurement process: means the procurement process described in Part 15, Design Professional Services. See Utah Code 63G-6a-103
- Design professional services: means :
(26)(a) professional services within the scope of the practice of architecture as defined in Section58-3a-102 ;(26)(b) professional engineering as defined in Section58-22-102 ;(26)(c) master planning and programming services;(26)(d) professional services within the scope of the practice of landscape architecture, as defined in Section58-53-102 ; or(26)(e) services within the scope of the practice of commercial interior design, as defined in Section58-86-102 . See Utah Code 63G-6a-103- Design-build: means the procurement of design professional services and construction by the use of a single contract. See Utah Code 63G-6a-103
- Designated agency: means :
(1)(a) the Governor's Office of Economic Opportunity;(1)(b) the Division of Wildlife Resources;(1)(c) the Department of Public Safety;(1)(d) the Division of Technology Services; or(1)(e) the Department of Workforce Services. See Utah Code 63G-21-102- Designated county: means :
(3)(a) Salt Lake County;(3)(b) Davis County;(3)(c) Utah County;(3)(d) Weber County;(3)(e) Box Elder County;(3)(f) Cache County;(3)(g) Duchesne County; or(3)(h) Uintah County. See Utah Code 63G-17-102- Develop: means to engage in development. See Utah Code 63H-1-102
- Development: includes the demolition, construction, reconstruction, modification, expansion, maintenance, operation, or improvement of a building, facility, utility, landscape, parking lot, park, trail, or recreational amenity. See Utah Code 63H-1-102
- Development project: means a project to develop land within a project area. See Utah Code 63H-1-102
- Direct response insurance policy: means an insurance policy solicited and sold without the policyholder having direct contact with a natural person intermediary. See Utah Code 31A-1-301
- Direct response solicitation: means an offer for life or accident and health insurance coverage that allows the individual to apply for or enroll in the insurance coverage on the basis of the offer. See Utah Code 31A-1-301
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Director: means the director of the office. See Utah Code 63G-3-102
- Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
(51)(a) perform the duties of:(51)(a)(i) that individual's occupation; or(51)(a)(ii) an occupation for which the individual is reasonably suited by education, training, or experience; or(51)(b) perform two or more of the following basic activities of daily living:(51)(b)(i) eating;(51)(b)(ii) toileting;(51)(b)(iii) transferring;(51)(b)(iv) bathing; or(51)(b)(v) dressing. See Utah Code 31A-1-301- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispatch center: means an entity that receives and responds to an emergency or nonemergency communication transferred to the entity from a public safety answering point. See Utah Code 63H-7a-103
- Division: means the Division of Purchasing and General Services, created in Section
63A-2-101 . See Utah Code 63G-6a-103- Division: means the Division of Facilities Construction and Management created in Section
63A-5b-301 . See Utah Code 63G-28-101- Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63G-28-301
- DNR: means the Department of Natural Resources. See Utah Code 63L-7-103
- Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
- Donor: The person who makes a gift.
- E-verify program: means the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Utah Code 63G-12-102
- Economic boycott: means , without an ordinary business purpose:
(5)(a) engaging in a boycott action targeting:(5)(a)(i) a boycotted company; or(5)(a)(ii) another company because the company does business with a boycotted company; or(5)(b) taking an action intended to penalize, inflict economic harm to, or change or limit the activities of:(5)(b)(i) a boycotted company; or(5)(b)(ii) another company because the company does business with a boycotted company. See Utah Code 63G-27-102- Educational procurement unit: means :
(29)(a) a school district;(29)(b) a public school, including a local school board or a charter school;(29)(c) the Utah Schools for the Deaf and the Blind;(29)(d) the Utah Education and Telehealth Network;(29)(e) an institution of higher education of the state described in Section53B-1-102 ; or(29)(f) the State Board of Education. See Utah Code 63G-6a-103- Effective: means operative and enforceable. See Utah Code 63G-3-102
- Elected official: means each person elected to a state office, county office, municipal office, school board or school district office, special district office, or special service district office, but does not include judges. See Utah Code 63G-2-103
- Eligible employee: includes :
(55)(b)(i) an owner, sole proprietor, or partner who:(55)(b)(i)(A) works on a full-time basis;(55)(b)(i)(B) has a normal work week of 30 or more hours; and(55)(b)(i)(C) employs at least one common employee; and(55)(b)(ii) an independent contractor if the individual is included under a health benefit plan of a small employer. See Utah Code 31A-1-301- 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 condition: means a medical condition that:
(56)(a) manifests itself by acute symptoms, including severe pain; and(56)(b) would cause a prudent layperson possessing an average knowledge of medicine and health to reasonably expect the absence of immediate medical attention through a hospital emergency department to result in:(56)(b)(i) placing the layperson's health or the layperson's unborn child's health in serious jeopardy;(56)(b)(ii) serious impairment to bodily functions; or(56)(b)(iii) serious dysfunction of any bodily organ or part. See Utah Code 31A-1-301- Employee: means :
(57)(a) an individual employed by an employer; or(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301- Employee: includes :
(3)(a)(i) a governmental entity's officers, employees, servants, trustees, or commissioners;(3)(a)(ii) a member of a governing body;(3)(a)(iii) a member of a government entity board;(3)(a)(iv) a member of a government entity commission;(3)(a)(v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;(3)(a)(vi) a student holding a license issued by the State Board of Education;(3)(a)(vii) an educational aide;(3)(a)(viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;(3)(a)(ix) a volunteer, as defined in Section 67-20-2; and(3)(a)(x) a tutor. See Utah Code 63G-7-102- Employee: means an individual employed by an employer under a contract for hire. See Utah Code 63G-12-102
- Employee of the corporation: means an individual who is employed by the corporation but who is not a trustee of the corporation. See Utah Code 63H-8-103
- 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 63G-12-102
- Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
- Enrolled customer: means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. See Utah Code 31A-22-1802
- Enrollee: includes an insured. See Utah Code 31A-1-301
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
(67)(a) a specific physical condition;(67)(b) a specific medical procedure;(67)(c) a specific disease or disorder; or(67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301- Executive branch procurement unit: means a department, division, office, bureau, agency, or other organization within the state executive branch. See Utah Code 63G-6a-103
- Executive director: means the executive director of the department. See Utah Code 63G-3-102
- Executive director: means the chief administrative officer of the office, appointed under Section 63J-4-202. See Utah Code 63J-4-102
- Executive director: means the executive director of the department. See Utah Code 63G-6a-2501
- Executive director: means the individual appointed under Section
63A-1-105 as the executive director of the Department of Government Operations, created in Section63A-1-104 . See Utah Code 63G-10-501- Expendable receipts: includes :
(5)(b)(i) grants;(5)(b)(ii) state matches for federal revenues paid by a nonstate entity; and(5)(b)(iii) rebates, including pharmacy rebates, that have similar restrictions on expenditures as the original program. See Utah Code 63J-1-102- expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
(5)(a)(i) any disbursement from contributions, receipts, or the separate bank account required under SectionUtah Code 17-16-202 - Explosive: means a chemical compound, device, or mixture:
(9)(a) commonly used or intended for the purpose of producing an explosion; and(9)(b) that contains oxidizing or combustive units or other ingredients in proportions, quantities, or packing so that:(9)(b)(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases; and(9)(b)(ii) the resultant gaseous pressures are capable of:(9)(b)(ii)(A) producing destructive effects on contiguous objects; or(9)(b)(ii)(B) causing death or serious bodily injury. See Utah Code 63G-2-103- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Facilities division: means the Division of Facilities Construction and Management, created in Section
63A-5b-301 . See Utah Code 63G-6a-103- Facility: includes a subset of a publicly owned or controlled building, structure, or other improvement, including a restroom or locker room. See Utah Code 63G-31-101
- 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.
- Family member: means for an undocumented individual:
(6)(a) a member of the undocumented individual's immediate family;(6)(b) the undocumented individual's grandparent;(6)(c) the undocumented individual's sibling;(6)(d) the undocumented individual's grandchild;(6)(e) the undocumented individual's nephew;(6)(f) the undocumented individual's niece;(6)(g) a spouse of an individual described in this Subsection (6); or(6)(h) an individual who is similar to one listed in this Subsection (6). See Utah Code 63G-12-102- Family member: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 63G-6a-2402
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Federal agency: means a department, agency, authority, commission, council, board, office, bureau, or other administrative unit of the executive branch of the United States government. See Utah Code 63G-16-201
- Federal directive: means :
(3)(a)(i) a statute passed by the United States Congress;(3)(a)(ii) an executive order by the president of the United States;(3)(a)(iii) a rule or regulation adopted by a federal agency; or(3)(a)(iv) an order or action by:(3)(a)(iv)(A) a federal agency; or(3)(a)(iv)(B) an employee or official appointed by the president of the United States. See Utah Code 63G-16-201- Federal funds: includes federal assistance and federal assistance programs, however described. See Utah Code 63J-5-102
- Federal funds reauthorization: means :
(1)(d)(i) the formal submission from an agency to the federal government applying for or seeking reauthorization of federal funds which the state is currently receiving;(1)(d)(ii) the formal submission from an agency to the federal government applying for or seeking reauthorization to participate in a federal program in which the state is currently participating that will result in federal funds being transferred to an agency; or(1)(d)(iii) that period after the first year of a previously authorized and awarded grant or funding award, during which federal funds are disbursed or are scheduled to be disbursed after the first year because the term of the grant or financial award extends for more than one year. See Utah Code 63J-5-102- Federal funds request summary: includes , if available:
(1)(e)(ii)(A) the letter awarding an agency a grant of federal funds or other official documentation awarding an agency a grant of federal funds; and(1)(e)(ii)(B) a document detailing federal maintenance of effort requirements. See Utah Code 63J-5-102- Federal land use designation: means one or a combination of the following congressional or federal actions included in proposed congressional land use legislation:
(5)(a) designation of wilderness within the National Wilderness Preservation System;(5)(b) designation of a national conservation area;(5)(c) designation of a watercourse within the National Wild and Scenic River System;(5)(d) designation of an ACEC;(5)(e) designation of a national monument in accordance with the Antiquities Act or by Congress;(5)(f) designation of a national park within the National Park System;(5)(g) designation of a national recreational area; or(5)(h) any other designation, classification, categorization, reservation, withdrawal, or similar action that has the purpose or effect of eliminating, restricting, or reducing energy and mineral development, motorized travel, grazing, active vegetation management, or any other traditional multiple use on public land. See Utah Code 63J-8-102- Federal maintenance of effort requirements: means any matching, level of effort, or earmarking requirements, as defined in Office of Management and Budget requirements, that are imposed on an agency as a condition of receiving federal funds. See Utah Code 63J-5-102
- Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
- Federal receipts: means the federal financial assistance, as defined in Utah Code 63J-5-301
- Federal revenues: means collections by an agency from a federal source that are deposited into an account for expenditure by the agency. See Utah Code 63J-1-102
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Fiduciary: A trustee, executor, or administrator.
- File: means to submit a document to the office as prescribed by the office. See Utah Code 63G-3-102
- Filed: means that a filing is:
(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- Filing: when used as a noun, means an item required to be filed with the department including:
(70)(a) a policy;(70)(b) a rate;(70)(c) a form;(70)(d) a document;(70)(e) a plan;(70)(f) a manual;(70)(g) an application;(70)(h) a report;(70)(i) a certificate;(70)(j) an endorsement;(70)(k) an actuarial certification;(70)(l) a licensee annual statement;(70)(m) a licensee renewal application;(70)(n) an advertisement;(70)(o) a binder; or(70)(p) an outline of coverage. See Utah Code 31A-1-301- Filing entity: means :
(6)(a) a county office candidate;(6)(b) a county officer;(6)(c) a local school board candidate;(6)(d) a local school board member; or(6)(e) a reporting entity that is required to meet a campaign finance disclosure requirement adopted by a county in accordance with SectionUtah Code 17-16-202 - Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- Financial assistance: includes :
(5)(a) a loan, whether interest or noninterest bearing, secured or unsecured;(5)(b) a loan that converts to a grant upon the occurrence of specified conditions;(5)(c) a development loan;(5)(d) a grant;(5)(e) an award;(5)(f) a subsidy;(5)(g) a guarantee;(5)(h) a warranty;(5)(i) a lease;(5)(j) a payment on behalf of a borrower of an amount usually paid by a borrower, including a down payment;(5)(k) any other form of financial assistance that helps provide affordable housing for low and moderate income persons; or(5)(l) any combination of Subsections (5)(a) through (k). See Utah Code 63H-8-103- Financial settlement agreement: includes a stipulation, consent decree, settlement agreement, and any other legally binding document or representation that resolves a dispute between the state and another party exclusively by requiring the payment of money from one party to the other. See Utah Code 63G-10-102
- First party insurance: means an insurance policy or contract in which the insurer agrees to pay a claim submitted to it by the insured for the insured's losses. See Utah Code 31A-1-301
- First-time homebuyer: includes a single parent, as defined by the corporation by rule made as described in Section
63H-8-502 , who would meet the three-year requirement described in Subsection (1)(a)(i) but for a present ownership interest in a principal residence in which the single parent:(1)(b)(i) had a present ownership interest with the single parent's former spouse during the three-year period;(1)(b)(ii) resided while married during the three-year period; and(1)(b)(iii) no longer:(1)(b)(iii)(A) has a present ownership interest; or(1)(b)(iii)(B) resides. See Utah Code 63H-8-501- FirstNet: means the federal First Responder Network Authority established in Utah Code 63H-7a-103
- Fiscal emergency: means an extraordinary occurrence requiring immediate expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session, Chapter 4. See Utah Code 63J-3-103
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fiscal year: means the time period beginning on July 1 of any given year and ending on June 30 of the subsequent year. See Utah Code 63J-3-103
- Fixed price contract: means a contract that provides a price, for each procurement item obtained under the contract, that is not subject to adjustment except to the extent that:
(33)(a) the contract provides, under circumstances specified in the contract, for an adjustment in price that is not based on cost to the contractor; or(33)(b) an adjustment is required by law. See Utah Code 63G-6a-103- Fixed price contract with price adjustment: means a fixed price contract that provides for an upward or downward revision of price, precisely described in the contract, that:
(34)(a) is based on the consumer price index or another commercially acceptable index, source, or formula; and(34)(b) is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103- 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).
- Flag: means a depiction or emblem made from fabric or cloth. See Utah Code 63G-1-702
- FLPMA: means the Federal Land Policy and Management Act of 1976, Utah Code 63J-8-102
- 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
- Forest Service: means the United States Forest Service within the United States Department of Agriculture. See Utah Code 63J-8-102
- 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
- Form: means one of the following prepared for general use:
(74)(a)(i) a policy;(74)(a)(ii) a certificate;(74)(a)(iii) an application;(74)(a)(iv) an outline of coverage; or(74)(a)(v) an endorsement. See Utah Code 31A-1-301- Formula: means a description of or directions for a computation in the Utah Code. See Utah Code 63I-6-102
- Franchise insurance: means an individual insurance policy provided through a mass marketing arrangement involving a defined class of persons related in some way other than through the purchase of insurance. See Utah Code 31A-1-301
- Fraud: Intentional deception resulting in injury to another.
- Free exercise of religion: means the right to act or refuse to act in a manner substantially motivated by a sincerely held religious belief, regardless of whether the exercise is compulsory or central to a larger system of religious belief. See Utah Code 63G-33-101
- Free exercise of religion: means an act or refusal to act that is substantially motivated by sincere religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief, and includes the use, building, or conversion of real property for the purpose of religious exercise. See Utah Code 63L-5-102
- Free revenue: includes :
(7)(a) collections that are required by law to be deposited in:(7)(a)(i) the General Fund;(7)(a)(ii) the Income Tax Fund;(7)(a)(iii) the Uniform School Fund; or(7)(a)(iv) the Transportation Fund;(7)(b) collections that are not otherwise designated by law;(7)(c) collections that are not externally restricted; and(7)(d) collections that are not included in an approved budget execution plan. See Utah Code 63J-1-102- Fund: means the Olympic and Paralympic Venues Grant Fund. See Utah Code 63G-28-101
- Fund: means the Olympic and Paralympic Venues Grant Fund. See Utah Code 63G-28-301
- Funding item: means an increase to an agency's state funding that:
(2)(a)(i) is $50,000 or more; and(2)(a)(ii) results from action during a legislative session. See Utah Code 63J-1-902- Games: means the 2030 or 2034 Olympic and Paralympic Winter Games. See Utah Code 63G-28-101
- Games committee: means the Olympic and Paralympic Winter Games Coordination Committee created in Section
63G-28-201 . See Utah Code 63G-28-101- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means an administrative, advisory, executive, or legislative body of a public entity. See Utah Code 63G-6a-2402
- Government action: includes :
(3)(a) a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(b) the application of a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(c) any action taken by, or on behalf of, a government entity;(3)(d) action taken by a person other than a government entity to:(3)(d)(i) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(d)(ii) compel a government entity to act;(3)(d)(iii) prohibit a government entity from acting; or(3)(d)(iv) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence. See Utah Code 63G-33-101- Government entities: means the state and its political subdivisions. See Utah Code 63G-10-102
- Government entity: means the state and its political subdivisions as both are defined in this section. See Utah Code 63G-15-102
- Government entity: means :
(3)(a) the state; or(3)(b) any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, including:(3)(b)(i) a state institution of higher education as defined in Section53B-2-101 ; or(3)(b)(ii) a local education agency as defined in Section53G-7-401 . See Utah Code 63G-31-101- Government entity: includes an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a person described in Subsection (4)(a). See Utah Code 63G-33-101
- Government entity: means the state, a county, a municipality, a higher education institution, a special district, a special service district, any other political subdivision of the state, or any administrative subunit of any of them. See Utah Code 63L-5-102
- Government officer: means :
(4)(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;(4)(a)(ii) an individual elected to a board of education, when acting in the capacity of a member of a board of education;(4)(a)(iii) an individual appointed to fill a vacancy in a position described in Subsection (4)(a)(i) or (ii), when acting in the capacity of the position; or(4)(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 63G-16-201- Government official: means an individual elected or appointed to a state office, county office, municipal office, school board, school district office, special district office, or special service district office. See Utah Code 63G-30-101
- Government process: means a set of functions and procedures by which an appropriated entity creates a product or service. See Utah Code 63J-1-902
- government requestor: means :
(1) the governor;(2) an executive branch officer other than the governor;(3) an executive branch agency;(4) a legislator, including a legislative sponsor of legislation creating an independent entity; or(5) a legislative committee. See Utah Code 63E-1-301- Government retaliation: means an action by a state or local government or an action by a state or local government official that:
(3)(a) is taken in response to a person's exercise of a protection contained in Section 17-20-4, 63G-20-201, Utah Code 63G-20-102- Governmental entity: means :
(3)(a) an executive branch agency as defined in Section63A-16-102 ;(3)(b) the legislative branch;(3)(c) the judicial branch;(3)(d) the State Board of Education created in SectionUtah Code 63D-2-102 - Governmental entity: means :
(2)(a) a court;(2)(b) the Legislature;(2)(c) the legislative body of a political subdivision; or(2)(d) another entity of the state or a political subdivision, if the entity has adjudicatory or rulemaking authority. See Utah Code 63G-32-101- Governmental entity: is a s defined in Section
59-2-511 . See Utah Code 63L-6-102- Governmental entity: means :
(11)(a)(i) executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;(11)(a)(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;(11)(a)(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;(11)(a)(iv) any state-funded institution of higher education or public education; or(11)(a)(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section63G-2-701 , this chapter shall apply to the political subdivision to the extent specified in Section63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103- Governmental entity: means :
(4)(a) the state and its political subdivisions; and(4)(b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102- Governmental function: includes each activity, undertaking, or operation performed by a department, agency, employee, agent, or officer of a governmental entity. See Utah Code 63G-7-102
- Governmental website: includes a court website. See Utah Code 63D-2-102
- Governmental website operator: means a governmental entity or person acting on behalf of the governmental entity that:
(5)(a) operates a governmental website; and(5)(b) collects or maintains personally identifiable information from or about a user of that website. See Utah Code 63D-2-102- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103
- Grant: means the same as that term is defined in Section 63J-7-101. See Utah Code 63J-1-102
- Grant: includes :
(1)(b)(ii)(A) a reauthorization of an existing grant; and(1)(b)(ii)(B) a donation, regardless of whether it is subject to a formal grant agreement. See Utah Code 63J-7-101- Grant program: means the COVID-19 Local Assistance Matching Grant Program established in Section
63J-4-802 . See Utah Code 63J-4-801- Grant summary: means a document detailing:
(1)(e)(i) the amount of money that is being requested or is available to be received by the agency from a grant;(1)(e)(ii) the duration of the grant and provisions for its reauthorization or extension, if any;(1)(e)(iii) the name of the grantor;(1)(e)(iv) the purpose of the grant, including, in detail, any programs, resources, and positions required to be funded by the grant;(1)(e)(v) any requirements that the agency must meet as a condition to receive or participate in the grant; and(1)(e)(vi) the amount of state money, if any, that will be required in order to obtain the grant. See Utah Code 63J-7-101- Grantor: The person who establishes a trust and places property into it.
- Grantor: means the individual, group of individuals, foundation, corporation, or public or private organization making the grant. See Utah Code 63J-7-101
- Green River Energy Zone: means the lands described as follows in Subsections (8)(a) and (b), as more fully illustrated in the maps prepared by the Carbon County and Emery County GIS Departments in February 2013, each entitled "2013 Green River Energy Zone":
(8)(a) BLM and Forest Service lands in Carbon County that are situated in the following townships: Township 12S Range 6E, Township 12S Range 7E, Township 12S Range 8E, Township 12S Range 9E, Township 12S Range 10E, Township 12S Range 11E, Township 12S Range 12E, Township 12S Range 13E, Township 12S Range 14E, Township 12S Range 15E, Township 12S Range 16E, Township 12S Range 17E, Township 12S Range 18E, Township 13S Range 6E, Township 13S Range 8E, Township 13S Range 9E, Township 13S Range 10E, Township 13S Range 11E, Township 13S Range 12E, Township 13S Range 13E, Township 13S Range 14E, Township 13S Range 15E, Township 13S Range 16E, Township 13S Range 17E, Township 14S Range 6E, Township 14S Range 8E, Township 14S Range 9E, Township 14S Range 11E, Township 14S Range 12E, Township 14S Range 13E, Township 14S Range 14E, Township 14S Range 15E, Township 14S Range 16E, Township 14S Range 17E, Township 15S Range 7E, Township 15S Range 8E, Township 15S Range 9E, Township 15S Range 10E, Township 15S Range 11E, Township 15S Range 12E, Township 15S Range 13E, Township 15S Range 14E, Township 15S Range 15E, and Township 15S Range 16E; and(8)(b) BLM and Forest Service lands in Emery County, excluding any areas that are or may be designated as wilderness, national conservation areas, or wild or scenic rivers, that are situated in the following townships and represented in the Emery County Public Land Management Act DRAFT Map prepared by Emery County and available at emerycounty. See Utah Code 63J-8-102- Gross compensation: means every form of remuneration payable for a given period to an individual for services provided including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer. See Utah Code 63G-2-103
- Group health plan: means an employee welfare benefit plan to the extent that the plan provides medical care:
(78)(a)(78)(a)(i) to an employee; or(78)(a)(ii) to a dependent of an employee; and(78)(b)(78)(b)(i) directly;(78)(b)(ii) through insurance reimbursement; or(78)(b)(iii) through another method. See Utah Code 31A-1-301- Group insurance policy: means a policy covering a group of persons that is issued:
(79)(a)(i) to a policyholder on behalf of the group; and(79)(a)(ii) for the benefit of a member of the group who is selected under a procedure defined in:(79)(a)(ii)(A) the policy; or(79)(a)(ii)(B) an agreement that is collateral to the policy. See Utah Code 31A-1-301- Group limited long-term care insurance: means a limited long-term care insurance policy that is delivered or issued for delivery:
(3)(a) in this state; and(3)(b) to an eligible group, as described under Subsection31A-22-701 (1). See Utah Code 31A-22-2002- 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- Guest worker: means an undocumented individual who holds a guest worker permit. See Utah Code 63G-12-102
- Guest worker permit: means a permit issued in accordance with Section 63G-12-207 to an undocumented individual who meets the eligibility criteria of Section 63G-12-205. See Utah Code 63G-12-102
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Harm: means any impairment to the integrity, access, or availability of:
(4)(a) data;(4)(b) a program;(4)(c) a system; or(4)(d) information. See Utah Code 63D-3-102- Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
- Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
(83)(a) a professional service;(83)(b) a personal service;(83)(c) a facility;(83)(d) equipment;(83)(e) a device;(83)(f) supplies; or(83)(g) medicine. See Utah Code 31A-1-301- Health care provider: means the same as that term is defined in Section
78B-3-403 . See Utah Code 31A-1-301- health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301- Health Insurance Portability and Accountability Act: means the Health Insurance Portability and Accountability Act of 1996, Pub. See Utah Code 31A-1-301
- Hearing: means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both. See Utah Code 63G-6a-1601.5
- 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.
- 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- Home equity amount: means the difference between:
(2)(a)(2)(a)(i) in the case of a sale, the sales price for which the qualifying residential unit is sold by the recipient in a bona fide sale to a third party with no right to repurchase less an amount up to 1% of the sales price used for seller-paid closing costs; or(2)(a)(ii) in the case of a refinance, the current appraised value of the qualifying residential unit; and(2)(b) the total payoff amount of any qualifying mortgage loan that was used to finance the purchase of the qualifying residential unit. See Utah Code 63H-8-501- Host agreement: means an agreement with a site selection committee that is made in connection with the selection of the state for the location of the games. See Utah Code 63G-28-101
- Host assurance: means a written assurance to a site selection committee that is made in connection with the selection of the state for the location of the games. See Utah Code 63G-28-101
- Host committee: means a nonprofit corporation, including a successor in interest, that may:
(7)(a) provide an application and bid to a site selection committee for selection of the state as the location of the games; and(7)(b) execute an agreement with the United States Olympic and Paralympic Committee regarding a bid and the bid process to host the games. See Utah Code 63G-28-101- Housing development: means a residential housing project, which includes residential housing for low and moderate income persons. See Utah Code 63H-8-103
- Housing sponsor: includes 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, residential housing to low and moderate income persons, including a local public body, a nonprofit, limited profit, or for profit corporation, a limited partnership, a limited liability company, a joint venture, a subsidiary of the corporation, or any subsidiary of the subsidiary, a cooperative, a mutual housing organization, or other type of entity or arrangement that helps provide affordable housing for low and moderate income persons. See Utah Code 63H-8-103
- Human being: means a member of the species classified as Homo sapiens;
(4) "Land" means the solid terrestrial surface or subsurface of the earth. See Utah Code 63G-32-101- Human services procurement item: means a procurement item used to provide services or support to a child, youth, adult, or family. See Utah Code 63G-6a-103
- Immediate family: means for an undocumented individual:
(10)(a) the undocumented individual's spouse; or(10)(b) a child of the undocumented individual if the child is:(10)(b)(i) under 21 years old; and(10)(b)(ii) unmarried. See Utah Code 63G-12-102- Immediate family permit: means a permit issued in accordance with Section 63G-12-207 to an undocumented individual who meets the eligibility criteria of Section 63G-12-206. See Utah Code 63G-12-102
- improvements: means the replacement or addition to infrastructure, buildings, building components, or facility equipment. See Utah Code 63G-28-301
- Included municipality: means a municipality, some or all of which is included within a project area. See Utah Code 63H-1-102
- Indebtedness: means the total amount payable by a debtor to a creditor in connection with a credit transaction, including principal finance charges and interest. See Utah Code 31A-22-802
- Indefinite quantity contract: means a fixed price contract that:
(38)(a) is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit; and(38)(b)(38)(b)(i) does not require a minimum purchase amount; or(38)(b)(ii) provides a maximum purchase limit. See Utah Code 63G-6a-103- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
- Independent agency: means the Utah State Retirement Office and the Utah Housing Corporation. See Utah Code 63J-2-102
- Independent corporation: means a corporation incorporated in accordance with Chapter 2, Independent Corporations Act. See Utah Code 63E-1-102
- Independent entity: means an entity that:
(3)(a)(i) has a public purpose relating to the state or its citizens;(3)(a)(ii) is individually created by the state;(3)(a)(iii) is separate from the judicial and legislative branches of state government; and(3)(a)(iv) is not under the direct supervisory control of the governor. See Utah Code 63H-9-101- Independent entity: means an entity having a public purpose relating to the state or its citizens that is individually created by the state or is given by the state the right to exist and conduct its affairs as an:
(4)(a)(i) independent state agency; or(4)(a)(ii) independent corporation. See Utah Code 63E-1-102- Independent entity: means the same as that term is defined in Section
63E-1-102 . See Utah Code 63G-33-101- Independent procurement unit: means :
(39)(a)(39)(a)(i) a legislative procurement unit;(39)(a)(ii) a judicial branch procurement unit;(39)(a)(iii) an educational procurement unit;(39)(a)(iv) a local government procurement unit;(39)(a)(v) a conservation district;(39)(a)(vi) a local building authority;(39)(a)(vii) a special district;(39)(a)(viii) a public corporation;(39)(a)(ix) a special service district; or(39)(a)(x) the Utah Communications Authority, established in Section63H-7a-201 ;(39)(b) the facilities division, but only to the extent of the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities;(39)(c) the attorney general, but only to the extent of the procurement authority provided under Title 67, Chapter 5, Attorney General;(39)(d) the Department of Transportation, but only to the extent of the procurement authority provided under Title 72, Transportation Code;(39)(e) the Department of Health and Human Services, but only for the procurement of a human services procurement item; or(39)(f) any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, but only to the extent of that statutory procurement authority. See Utah Code 63G-6a-103- Independent state agency: means an entity that is created by the state, but is independent of the governor's direct supervisory control. See Utah Code 63E-1-102
- 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.
- Individual: means a natural person. See Utah Code 31A-1-301
- Individual: means a human being. See Utah Code 63G-2-103
- Inflation index: means the change in the general price level of goods and services as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic Analysis, U. See Utah Code 63J-3-103
- Initial contact report: means an initial written or recorded report, however titled, prepared by peace officers engaged in public patrol or response duties describing official actions initially taken in response to either a public complaint about or the discovery of an apparent violation of law, which report may describe:
(14)(a)(i) the date, time, location, and nature of the complaint, the incident, or offense;(14)(a)(ii) names of victims;(14)(a)(iii) the nature or general scope of the agency's initial actions taken in response to the incident;(14)(a)(iv) the general nature of any injuries or estimate of damages sustained in the incident;(14)(a)(v) the name, address, and other identifying information about any person arrested or charged in connection with the incident; or(14)(a)(vi) the identity of the public safety personnel, except undercover personnel, or prosecuting attorney involved in responding to the initial incident. See Utah Code 63G-2-103- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102
- insolvent: means that:
(95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;(95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection31A-17-601 (8)(c); or(95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301- Insurance: includes :
(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301- insurance company: means a person doing an insurance business as a principal including:
(104)(a)(i) a fraternal benefit society;(104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections31A-22-1305 (2) and (3);(104)(a)(iii) a motor club;(104)(a)(iv) an employee welfare plan;(104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and(104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301- Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
(103)(a)(i) a policyholder;(103)(a)(ii) a subscriber;(103)(a)(iii) a member; and(103)(a)(iv) a beneficiary. See Utah Code 31A-1-301- Insurer: means :
(3)(a) an insurer as defined in Section 31A-1-301; and(3)(b) any other person engaged in the business of making insurance or a surety contract. See Utah Code 31A-22-1702- 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- 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
- Interest rate contract: means an interest rate exchange contract, an interest rate floor contract, an interest rate ceiling contract, or another similar contract authorized in a resolution or policy adopted or approved by the trustees. See Utah Code 63H-8-103
- Interested party: means a person that held or holds the position of trustee, director, officer, or other similar position with an independent entity within:
(3)(a) five years prior to the date of an action described in Subsection (5); or(3)(b) during the privatization of an independent entity. See Utah Code 63E-1-401- Interested party: means a person, other than a requester, who is aggrieved by an access denial or an appellate affirmation, whether or not the person participated in proceedings leading to the access denial or appellate affirmation. See Utah Code 63G-2-400.5
- Interested person: means any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402. See Utah Code 63G-3-102
- Intergovernmental transfer program: means an existing reimbursement program or category that is authorized by the Medicaid state plan or waiver authority for intergovernmental transfers. See Utah Code 63J-5-102
- Interlocal entity: means a separate political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 63G-6a-103
- Internal audit: means an independent appraisal activity established within a state agency as a control system to examine and evaluate the adequacy and effectiveness of other internal control systems within the agency. See Utah Code 63I-5-102
- Internal audit program: means an audit function that:
(9)(a) is conducted by an agency, division, bureau, or office, independent of the agency, division, bureau, or office operations;(9)(b) objectively evaluates the effectiveness of agency, division, bureau, or office governance, risk management, internal controls, and the efficiency of operations; and(9)(c) is conducted in accordance with the current: