Sections
Part 1 Contracts of Suretyship 31A-22-101 – 31A-22-107
Part 2 Liability Insurance in General 31A-22-201 – 31A-22-205
Part 3 Motor Vehicle Insurance 31A-22-301 – 31A-22-322
Part 4 Life Insurance and Annuities 31A-22-400 – 31A-22-431
Part 5 Group Life Insurance 31A-22-501 – 31A-22-522
Part 6 Accident and Health Insurance 31A-22-600 – 31A-22-661
Part 7 Group Accident and Health Insurance 31A-22-701 – 31A-22-728
Part 8 Credit Life and Accident and Health Insurance 31A-22-801 – 31A-22-809
Part 9 Contracts of Fraternal Insurers 31A-22-901 – 31A-22-904
Part 10 Workers’ Compensation Insurance Contracts 31A-22-1001 – 31A-22-1016
Part 11 Legal Expense Insurance 31A-22-1101 – 31A-22-1102
Part 12 Reinsurance 31A-22-1201 – 31A-22-1204
Part 13 Miscellaneous Provisions 31A-22-1300 – 31A-22-1309
Part 14 Long-Term Care Insurance Standards 31A-22-1401 – 31A-22-1415
Part 15 Liability Insurance for Motorboats 31A-22-1501 – 31A-22-1504
Part 16 Genetic Testing Restrictions on Insurers 31A-22-1601 – 31A-22-1602
Part 17 Property and Casualty Certificate of Insurance Act 31A-22-1701 – 31A-22-1707
Part 18 Portable Electronics Insurance Act 31A-22-1801 – 31A-22-1810
Part 19 Unclaimed Life Insurance and Annuity Benefits Act 31A-22-1901 – 31A-22-1903
Part 20 Limited Long-term Care Insurance Act 31A-22-2001 – 31A-22-2006

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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 Section 63L-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 Section 63L-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 Section 31A-23a-301, 31A-25-207, or 31A-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 Section 53G-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 Section 31A-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 Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-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 Section 26B-3-108;
              (35)(b)(ii) the Children's Health Insurance Program under Section 26B-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 Subsection 17-34-3(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 Section 58-53-102; 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 Section 58-3a-102;
         (26)(b) professional engineering as defined in Section 58-22-102;
         (26)(c) master planning and programming services;
         (26)(d) professional services within the scope of the practice of landscape architecture, as defined in Section 58-53-102; or
         (26)(e) services within the scope of the practice of commercial interior design, as defined in Section 58-86-102. 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 Section 53B-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 Section 63A-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 Section Utah 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) Section 31A-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 Section Utah 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 Section 53B-2-101; or
              (3)(b)(ii) a local education agency as defined in Section 53G-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 Section 63A-16-102;
         (3)(b) the legislative branch;
         (3)(c) the judicial branch;
         (3)(d) the State Board of Education created in Section Utah 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 Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-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 Subsection 31A-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 Section 63H-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 Subsection 31A-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 Subsections 31A-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:
              (9)(c)(i) International Standards for the Professional Practice of Internal Auditing; or
              (9)(c)(ii) The Government Auditing Standards, issued by the Comptroller General of the United States. See Utah Code 63I-5-102
  • Intersex individual: means the same as that term is defined in Section 26B-8-101. See Utah Code 63G-31-101
  • Issuing procurement unit: means a procurement unit that:
         (42)(a) reviews a solicitation to verify that it is in proper form;
         (42)(b) causes the notice of a solicitation to be published; and
         (42)(c) negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103
  • Item of appropriation: means an authorization of expenditure contained in legislation that appropriates funds and includes the following:
              (9)(a)(i) the name of the agency and line item to which authorization is granted; and
              (9)(a)(ii) sources of finance from which authorization is granted and associated amounts authorized. See Utah Code 63J-1-102
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judicial procurement unit: means :
         (43)(a) the Utah Supreme Court;
         (43)(b) the Utah Court of Appeals;
         (43)(c) the Judicial Council;
         (43)(d) a state judicial district; or
         (43)(e) an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Labor hour contract: is a contract under which:
         (44)(a) the supplies and materials are not provided by, or through, the contractor; and
         (44)(b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit for a specified number of labor hours or days. See Utah Code 63G-6a-103
  • Land use regulation: means any state or local law or ordinance, whether statutory or otherwise, that limits or restricts a person's use or development of land or a structure affixed to land. See Utah Code 63L-5-102
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease: means any lease, lease purchase, sublease, operating, management, or similar agreement. See Utah Code 63H-7a-103
  • Legal expense insurance: includes an arrangement that creates a reasonable expectation of an enforceable right. See Utah Code 31A-1-301
  • Legal personhood: means :
         (5)(a) the legal rights and obligations of an individual under the laws of this state; or
         (5)(b) the legal rights and obligations of a person other than an individual under the laws of this state. See Utah Code 63G-32-101
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Legislative body: means the Legislature. See Utah Code 63G-2-103
  • Legislative procurement unit: means :
         (45)(a) the Legislature;
         (45)(b) the Senate;
         (45)(c) the House of Representatives;
         (45)(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
         (45)(e) a committee, subcommittee, commission, or other organization:
              (45)(e)(i) within the state legislative branch; or
              (45)(e)(ii)
                   (45)(e)(ii)(A) that is created by statute to advise or make recommendations to the Legislature;
                   (45)(e)(ii)(B) the membership of which includes legislators; and
                   (45)(e)(ii)(C) for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
              (112)(b)(i) vehicle liability insurance;
              (112)(b)(ii) residential dwelling liability insurance; and
              (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • License: means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute. See Utah Code 63G-4-103
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life insurance: means :
              (114)(a)(i) insurance on a human life; and
              (114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Limited long-term care insurance: includes a policy or rider described in Subsection (4)(a) that provides for payment of benefits based on cognitive impairment or the loss of functional capacity. See Utah Code 31A-22-2002
  • Line item: means a unit of accounting, typically representing an administrative unit of state government within an agency, that contains one or more programs. See Utah Code 63J-1-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • living historic landmark: means a cultural event:
         (1)(a) that is significant to the history, culture, economy, and character of the state;
         (1)(b) that is unique to the state;
         (1)(c) that is first in the nation;
         (1)(d) that has occurred in the state at least annually for no less than 65 years;
         (1)(e) for any designation after May 1, 2024, that is nominated by the Legislative Management Committee for the Legislature's consideration as a living historic landmark; and
         (1)(f) that the Legislature designates as a living historic landmark in Section 63G-1-1002. See Utah Code 63G-1-1001
  • Lobbyist: is a person that provided or provides services as a lobbyist, as defined in Section 36-11-102, within:
         (4)(a) five years prior to the date of an action described in Subsection (5); or
         (4)(b) during the privatization of an independent entity. See Utah Code 63E-1-401
  • Local appeals board: means an appeals board established by a political subdivision under Subsection 63G-2-701(5)(c). See Utah Code 63G-2-400.5
  • Local building authority: means the same as that term is defined in Section 17D-2-102. See Utah Code 63G-6a-103
  • Local government: means :
         (5)(a) a county, city, town, or metro township;
         (5)(b) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;
         (5)(c) a special service district governed by Title 17D, Chapter 1, Special Service District Act;
         (5)(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
         (5)(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
         (5)(f) a redevelopment agency; or
         (5)(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 63G-16-201
  • Local government: means a county, city, town, special district, or special service district. See Utah Code 63J-4-801
  • Local government procurement unit: means :
         (47)(a) a county, municipality, interlocal entity, or project entity, and each office of the county, municipality, interlocal entity, or project entity, unless:
              (47)(a)(i) the county or municipality adopts a procurement code by ordinance;
              (47)(a)(ii) the interlocal entity adopts procurement rules or policies as provided in Subsection 11-13-226(2); or
              (47)(a)(iii) the project entity adopts a procurement code through the process described in Section 11-13-316;
         (47)(b)
              (47)(b)(i) a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and
              (47)(b)(ii) a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or
         (47)(c) a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that:
              (47)(c)(i) a term in the ordinance is used in the adopted chapter; or
              (47)(c)(ii) a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103
  • Local public body: means the state, a municipality, county, district, or other subdivision or instrumentality of the state, including a redevelopment agency and a housing authority created under Title 35A, Chapter 8, Part 4, Housing Authorities. See Utah Code 63H-8-103
  • Local school board candidate: means an individual who:
         (8)(a) files a declaration of candidacy for local school board; or
         (8)(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 local school board. See Utah Code 17-16-202
  • Location: means a physical location in the state or a website, call center site, or similar location directed to residents of the state. See Utah Code 31A-22-1802
  • Long-term care insurance: includes :
              (121)(b)(i) any of the following that provide directly or supplement long-term care insurance:
                   (121)(b)(i)(A) a group or individual annuity or rider; or
                   (121)(b)(i)(B) a life insurance policy or rider;
              (121)(b)(ii) a policy or rider that provides for payment of benefits on the basis of:
                   (121)(b)(ii)(A) cognitive impairment; or
                   (121)(b)(ii)(B) functional capacity; or
              (121)(b)(iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
  • Low and moderate income persons: means individuals, irrespective of race, religion, creed, national origin, or sex, as determined by the corporation to require such assistance as is made available by this chapter on account of insufficient personal or family income taking into consideration factors, including:
         (10)(a) the amount of income that persons and families have available for housing needs;
         (10)(b) the size of family;
         (10)(c) whether a person is a single head of household;
         (10)(d) the cost and condition of available residential housing; and
         (10)(e) the ability of persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing. See Utah Code 63H-8-103
  • Major revenue types: means :
         (11)(a) free revenue;
         (11)(b) federal revenue;
         (11)(c) restricted revenue;
         (11)(d) dedicated credits; and
         (11)(e) expendable receipts. See Utah Code 63J-1-102
  • Majority leader: see Floor Leaders
  • Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
  • Managed care organization: means a person:
         (122)(a) licensed as a health maintenance organization under Chapter 8, Health Maintenance Organizations and Limited Health Plans; or
         (122)(b)
              (122)(b)(i) licensed under:
                   (122)(b)(i)(A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
                   (122)(b)(i)(B) Chapter 7, Nonprofit Health Service Insurance Corporations; or
                   (122)(b)(i)(C) Chapter 14, Foreign Insurers; and
              (122)(b)(ii) that requires an enrollee to use, or offers incentives, including financial incentives, for an enrollee to use, network providers. See Utah Code 31A-1-301
  • Mathematical equation: means a symbolic expression of a formula that is created by the legislative fiscal analyst under Subsection 63I-6-103(1). See Utah Code 63I-6-102
  • Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the federal Social Security Act, as then constituted or later amended. See Utah Code 31A-1-301
  • Medicare supplement insurance: means health insurance coverage that is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of individuals eligible for Medicare. See Utah Code 31A-1-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Member state: means any of the following states that are a signatory to the compact and that have adopted it under the laws of that state: Alaska; Arizona; California; Colorado; Idaho; Montana; Nevada; New Mexico; Oregon; Utah; Washington; and Wyoming. See Utah Code 63L-6-105
  • MIDA accommodations tax: means the tax imposed under Section 63H-1-205. See Utah Code 63H-1-102
  • MIDA energy tax: means the tax levied under Section 63H-1-204. See Utah Code 63H-1-102
  • Military: includes , in relation to property, property that is occupied by the military and is owned by the government of the United States, the authority, or the state. See Utah Code 63H-1-102
  • Military land: includes land that is:
              (13)(b)(i) owned or leased by the authority; and
              (13)(b)(ii) held or used for the benefit of the military. See Utah Code 63H-1-102
  • Mitigation efforts: means measures taken to reduce the emission of air pollutants, including:
         (4)(a) flexible work schedules to reduce driving during peak times;
         (4)(b) telecommuting;
         (4)(c) electronic communication, including teleconferencing;
         (4)(d) encouraging ride sharing;
         (4)(e) encouraging use of public or alternative forms of transportation;
         (4)(f) energy conservation;
         (4)(g) using alternative energy sources;
         (4)(h) recycling and using recycled products;
         (4)(i) using non-aerosol products;
         (4)(j) reducing idling;
         (4)(k) low-maintenance landscaping; or
         (4)(l) other technology that may be used, or measures that may be taken, to reduce the emission of air pollutants. See Utah Code 63G-17-102
  • Money held in trust: means money maintained for the benefit of:
         (6)(a) one or more private individuals, including public employees;
         (6)(b) one or more public or private entities; or
         (6)(c) the owners of a quasi-public corporation. See Utah Code 63E-1-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage: means a mortgage, deed of trust, or other instrument securing a mortgage loan and constituting a lien on real property (the property being held in fee simple or on a leasehold under a lease having a remaining term, at the time the mortgage is acquired, of not less than the term for repayment of the mortgage loan secured by the mortgage) improved or to be improved by residential housing, creating a lien that may be first priority or subordinate. See Utah Code 63H-8-103
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgage loan: means a loan secured by a mortgage, which loan may bear interest at either a fixed or variable rate or which may be noninterest bearing, the proceeds of which are used for the purpose of financing the construction, development, rehabilitation, purchase, or refinancing of residential housing for low and moderate income persons. See Utah Code 63H-8-103
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • Motor vehicle: means the same as that term is defined in Section 41-6a-102. See Utah Code 31A-22-301
  • Motor vehicle business: means a motor vehicle sales agency, repair shop, service station, storage garage, or public parking place. See Utah Code 31A-22-301
  • Motor vehicle liability policy: means a policy which satisfies the requirements of Sections 31A-22-303 and 31A-22-304. See Utah Code 31A-22-301
  • Motorboat: means the same as that term is defined in Section 73-18c-102. See Utah Code 31A-22-301 v2
  • Motorboat business: means a motorboat sales agency, repair shop, service station, storage garage, or public marina. See Utah Code 31A-22-1501
  • Multiple award contracts: means the award of a contract for an indefinite quantity of a procurement item to more than one person. See Utah Code 63G-6a-103
  • Multiple use: means proper stewardship of the subject lands pursuant to Section 103(c) of FLPMA, Utah Code 63J-8-102
  • Multiyear contract: means a contract that extends beyond a one-year period, including a contract that permits renewal of the contract, without competition, beyond the first year of the contract. See Utah Code 63G-6a-103
  • Municipal energy tax: means a municipal energy sales and use tax under Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act. See Utah Code 63H-1-102
  • Municipal services revenue: means revenue that the authority:
         (15)(a) collects from the authority's:
              (15)(a)(i) levy of a municipal energy tax;
              (15)(a)(ii) levy of a MIDA energy tax;
              (15)(a)(iii) levy of a telecommunications tax;
              (15)(a)(iv) imposition of a transient room tax; and
              (15)(a)(v) imposition of a resort communities tax;
         (15)(b) receives under Subsection 59-12-205(2)(a)(ii)(B); and
         (15)(c) receives as dedicated tax collections. See Utah Code 63H-1-102
  • Municipality: means a city or town. See Utah Code 63G-6a-103
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • National conservation area: means an area designated by Congress and managed by the BLM. See Utah Code 63J-8-102
  • National Wild and Scenic River System: means the National Wild and Scenic River System established in Utah Code 63J-8-102
  • Net proceeds: means the proceeds from the sale of public lands, after subtracting expenses incident to the sale of the public lands. See Utah Code 63L-6-102
  • Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
  • Neutral: means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts. See Utah Code 63G-5-102
  • New federal funds: means :
              (1)(i)(i) federal assistance or other federal funds that are available from the federal government that:
                   (1)(i)(i)(A) the state is not currently receiving; or
                   (1)(i)(i)(B) exceed the federal funds amount most recently approved by the Legislature by more than 25% for a federal grant or program in which the state is currently participating;
              (1)(i)(ii) a federal assistance program or other federal program in which the state is not currently participating; or
              (1)(i)(iii) a one-time TANF request. See Utah Code 63J-5-102
  • New federal funds request: means :
              (1)(j)(i) the formal submission from an agency to the federal government:
                   (1)(j)(i)(A) applying for or otherwise seeking to obtain new federal funds; or
                   (1)(j)(i)(B) applying for or seeking to participate in a new federal program that will result in federal funds being transferred to an agency; or
              (1)(j)(ii) a one-time TANF request. See Utah Code 63J-5-102
  • New state money: includes money expended to meet federal maintenance of effort requirements. See Utah Code 63J-5-102
  • New state money: means money, whether specifically appropriated by the Legislature or not, that the grantor requires Utah to expend as a condition for receiving the grant. See Utah Code 63J-7-101
  • Nominee: means a person selected by the governor to fill a rulemaking board vacancy subject to the advice and consent of the Senate. See Utah Code 63G-24-102
  • Nonadopting local government procurement unit: means :
         (51)(a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19, General Provisions Related to Protest or Appeal; and
         (51)(b) each office or agency of a county or municipality described in Subsection (51)(a). See Utah Code 63G-6a-103
  • Nonparticipating: means a plan of insurance under which the insured is not entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
  • Nonprofit entity: means an entity exempt from federal income tax under Section 501(c), Internal Revenue Code, or that has submitted an application with the Internal Revenue Service for recognition of an exemption under Section 501(c), Internal Revenue Code. See Utah Code 63G-26-102
  • Notice of compliance: means a statement confirming that a governmental entity has complied with an order of the State Records Committee. See Utah Code 63G-2-103
  • Notice summary statement: means a statement that includes the following in relation to a public notice:
         (3)(a) a title that accurately describes the purpose or subject of the public notice;
         (3)(b) the name of the public body, or the name and title of the government official, that provides the public notice;
         (3)(c) a statement that clearly describes the matter for which the public notice is given;
         (3)(d) a general description of the area to which the public notice relates;
         (3)(e) the dates and deadlines applicable to the matter for which the public notice is given; and
         (3)(f) information specifying where a person may obtain a copy of the complete public notice, including:
              (3)(f)(i) the web address for the Utah Public Notice Website;
              (3)(f)(ii) if the public body or government official maintains a public website, the web address where the public notice is located;
              (3)(f)(iii) the address of a physical location where a copy of the public notice may be viewed or obtained; and
              (3)(f)(iv) a telephone number that an individual may call to request a copy of the public notice. See Utah Code 63G-30-101
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupying: means being in or on a motor vehicle as a passenger or operator, or being engaged in the immediate acts of entering, boarding, or alighting from a motor vehicle. See Utah Code 31A-22-301
  • Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103
  • Office: means the Public Lands Policy Coordinating Office created in Section 63L-11-201. See Utah Code 63J-8-102
  • Office: means the Office of Administrative Rules created in Section 63G-3-401. See Utah Code 63G-3-102
  • Office: means the Governor's Office of Planning and Budget created in Section 63J-4-201. See Utah Code 63J-4-102
  • OHV: means off-highway vehicle as defined in Section 41-22-2. See Utah Code 63J-8-102
  • Open to the general public: means that a privacy space is:
              (6)(a)(i) freely accessible to a member of the general public;
              (6)(a)(ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a membership fee, or otherwise paid to access the facility containing the relevant privacy space; or
              (6)(a)(iii) accessible to a student of an institution of higher education described in Section 52B-2-101, either freely or as described in Subsection (6)(a)(ii). See Utah Code 63G-31-101
  • Operator: means the same as that term is defined in Subsection 41-12a-103(7). See Utah Code 31A-22-301
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Order: means an agency action that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 63G-3-102
  • Ordinary business purpose: means a purpose that is related to business operations. See Utah Code 63G-27-102
  • Outline of coverage: means a summary that explains an accident and health insurance policy. See Utah Code 31A-1-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the same as that term is defined in Subsection 41-12a-103(8). See Utah Code 31A-22-301
  • Owner: means a person who:
         (5)(a) owns or leases a protected computer; or
         (5)(b) owns the information stored in a protected computer. See Utah Code 63D-3-102
  • Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
  • Pedestrian: means any natural person not occupying a motor vehicle. See Utah Code 31A-22-301
  • Performance measure: means a program objective, effectiveness measure, program size indicator, or other related measure. See Utah Code 63J-1-902
  • Permit: means a permit issued under Part 2, Guest Worker Program, and includes:
         (12)(a) a guest worker permit; and
         (12)(b) an immediate family permit. See Utah Code 63G-12-102
  • Permit holder: means an undocumented individual who holds a permit. See Utah Code 63G-12-102
  • Person: includes :
         (146)(a) an individual;
         (146)(b) a partnership;
         (146)(c) a corporation;
         (146)(d) an incorporated or unincorporated association;
         (146)(e) a joint stock company;
         (146)(f) a trust;
         (146)(g) a limited liability company;
         (146)(h) a reciprocal;
         (146)(i) a syndicate; or
         (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Person: means :
         (17)(a) an individual;
         (17)(b) a nonprofit or profit corporation;
         (17)(c) a partnership;
         (17)(d) a sole proprietorship;
         (17)(e) other type of business organization; or
         (17)(f) any combination acting in concert with one another. See Utah Code 63G-2-103
  • Person: means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. See Utah Code 63G-3-102
  • Person: means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. See Utah Code 63G-4-103
  • Person: means any individual, partnership, corporation, or other legal entity that owns an interest in real property. See Utah Code 63L-5-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Personal identifying information: means the same as that term is defined in Section Utah Code 63G-2-103
  • Personal information: means a record or other compilation of data that identifies a person as a donor to a nonprofit entity. See Utah Code 63G-26-102
  • Personal injury: means an injury of any kind other than property damage. See Utah Code 63G-7-102
  • Personal lines insurance: means property and casualty insurance coverage sold for primarily noncommercial purposes to:
         (147)(a) an individual; or
         (147)(b) a family. See Utah Code 31A-1-301
  • Personal property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • Personal use expenditure: includes :
              (9)(b)(i) a mortgage, rent, utility, or vehicle payment;
              (9)(b)(ii) a household food item or supply;
              (9)(b)(iii) a clothing expense, except:
                   (9)(b)(iii)(A) clothing bearing the county office candidate's or local school board candidate's name or campaign slogan or logo that is used in the county office candidate's or local school board candidate's campaign;
                   (9)(b)(iii)(B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the county officer or local school board member represents or of which the county officer or local school board member is a member;
                   (9)(b)(iii)(C) repair or replacement of clothing that is damaged while the county office candidate or county officer is engaged in an activity of a county office candidate or county officer; or
                   (9)(b)(iii)(D) repair or replacement of clothing that is damaged while the local school board candidate or local school board member is engaged in an activity of a local school board candidate or local school board member;
              (9)(b)(iv) admission to a sporting, artistic, or recreational event or other form of entertainment;
              (9)(b)(v) dues, fees, or gratuities at a country club, health club, or recreational facility;
              (9)(b)(vi) a salary payment made to:
                   (9)(b)(vi)(A) a county office candidate, county officer, local school board candidate, or local school board member; or
                   (9)(b)(vi)(B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member;
              (9)(b)(vii) a vacation;
              (9)(b)(viii) a vehicle expense;
              (9)(b)(ix) a meal expense;
              (9)(b)(x) a travel expense;
              (9)(b)(xi) payment of an administrative, civil, or criminal penalty;
              (9)(b)(xii) satisfaction of a personal debt;
              (9)(b)(xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
              (9)(b)(xiv) a membership fee for a professional or service organization; and
              (9)(b)(xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 17-16-202
  • Personally identifiable information: means information that identifies:
         (6)(a) a user by:
              (6)(a)(i) name;
              (6)(a)(ii) account number;
              (6)(a)(iii) physical address;
              (6)(a)(iv) email address;
              (6)(a)(v) telephone number;
              (6)(a)(vi) Social Security number;
              (6)(a)(vii) credit card information; or
              (6)(a)(viii) bank account information;
         (6)(b) a user as having requested or obtained specific materials or services from a governmental website;
         (6)(c) Internet sites visited by a user; or
         (6)(d) any of the contents of a user's data-storage device. See Utah Code 63D-2-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan sponsor: means the same as that term is defined in Utah Code 31A-1-301
  • Plan year: means :
         (149)(a) the year that is designated as the plan year in:
              (149)(a)(i) the plan document of a group health plan; or
              (149)(a)(ii) a summary plan description of a group health plan;
         (149)(b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:
              (149)(b)(i) the year used to determine deductibles or limits;
              (149)(b)(ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or
              (149)(b)(iii) the employer's taxable year if:
                   (149)(b)(iii)(A) the plan does not impose deductibles or limits on a yearly basis; and
                   (149)(b)(iii)(B)
                        (149)(b)(iii)(B)(I) the plan is not insured; or
                        (149)(b)(iii)(B)(II) the insurance policy is not renewed on an annual basis; or
         (149)(c) in a case not described in Subsection (149)(a) or (b), the calendar year. See Utah Code 31A-1-301
  • Planning coordinator: means the individual appointed as the planning coordinator under Section 63J-4-401. See Utah Code 63J-4-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • PLPCO: means the Public Lands Policy Coordination Office. See Utah Code 63L-7-103
  • Policy: includes a service contract issued by:
              (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
              (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
              (150)(b)(iii) a corporation licensed under:
                   (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
                   (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policy: means a policy or certificate of life insurance that provides a death benefit. See Utah Code 31A-22-1902
  • Policy summary: means a synopsis describing the elements of a life insurance policy. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Policyholder: means a person who contracts with a property and casualty insurer for insurance coverage. See Utah Code 31A-22-1702
  • Political purpose: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate or a person seeking an office at any caucus, political convention, or election. See Utah Code 17-16-202
  • Political subdivision: means :
         (1)(a) a county;
         (1)(b) a municipality, as defined in Section 10-1-104;
         (1)(c) a special district;
         (1)(d) a special service district;
         (1)(e) an interlocal entity, as defined in Section 11-13-103;
         (1)(f) a community reinvestment agency;
         (1)(g) a local building authority; or
         (1)(h) a conservation district. See Utah Code 63G-22-102
  • Political subdivision: means the same as that term is defined in Section 63G-7-102. See Utah Code 63G-32-101
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 63G-7-102
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 63G-9-201
  • Political subdivision: means :
         (4)(a) a county, municipality, special district, special service district, school district, or interlocal entity, as defined in Section 11-13-103; or
         (4)(b) an administrative subunit of an entity listed in Subsection (4)(a). See Utah Code 63J-4-102
  • Political subdivision: means a county, municipality, special district, special service district, school district, or other local government entity. See Utah Code 63L-4-102
  • Population: means the number of residents of the state as of July 1 of each year as calculated by the Governor's Office of Planning and Budget according to the procedures and requirements of Section 63J-3-202. See Utah Code 63J-3-103
  • Portable electronics: means :
         (4)(a) an electronic device that is portable in nature; and
         (4)(b) an accessory or service related to the use of the portable electronic device. See Utah Code 31A-22-1802
  • Portable electronics insurance: means insurance providing coverage for the repair or replacement of portable electronics that provides coverage for portable electronics against any one or more of the following:
              (5)(a)(i) loss;
              (5)(a)(ii) theft;
              (5)(a)(iii) inoperability due to mechanical failure;
              (5)(a)(iv) malfunction;
              (5)(a)(v) damage; or
              (5)(a)(vi) other similar cause of loss. See Utah Code 31A-22-1802
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preexisting condition: means a condition for which medical advice or treatment is recommended:
         (5)(a) by, or received from, a provider of health care services; and
         (5)(b) within six months before the day on which the coverage of an insured person becomes effective. See Utah Code 31A-22-2002
  • Preferred bidder: means a bidder that is entitled to receive a reciprocal preference under the requirements of this chapter. See Utah Code 63G-6a-103
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premium: includes , however designated:
              (156)(b)(i) an assessment;
              (156)(b)(ii) a membership fee;
              (156)(b)(iii) a required contribution; or
              (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Presiding officer: means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding. See Utah Code 63G-4-103
  • Privacy annotation: means the same as that term is defined in Section Utah Code 63G-2-103
  • Privacy space: means a restroom or changing room within a publicly owned or controlled facility, where an individual has a reasonable expectation of privacy. See Utah Code 63G-31-101
  • Private employer: means an employer who is not the federal government or a public employer. See Utah Code 63G-12-102
  • Private property: means any school or institutional trust lands and any real or personal property in this state that is protected by:
         (3)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
  • Private provider: means any person who contracts with a governmental entity to provide services directly to the public. See Utah Code 63G-2-103
  • Private record: means a record containing data on individuals that is private as provided by Section 63G-2-302. See Utah Code 63G-2-103
  • Privatized: means an action described in Subsection (5)(b) taken under circumstances in which the operations of the independent entity are continued by a successor entity that:
              (5)(a)(i) is privately owned;
              (5)(a)(ii) is unaffiliated to the state; and
              (5)(a)(iii) receives any asset of the independent entity. See Utah Code 63E-1-401
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Procure: means to acquire a procurement item through a procurement. See Utah Code 63G-6a-103
  • Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
  • Procurement item: means an item of personal property, a technology, a service, or a construction project. See Utah Code 63G-6a-103
  • Procurement official: means :
         (57)(a) for a procurement unit other than an independent procurement unit, the chief procurement officer;
         (57)(b) for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;
         (57)(c) for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule;
         (57)(d) for a local government procurement unit:
              (57)(d)(i) the legislative body of the local government procurement unit; or
              (57)(d)(ii) an individual or body designated by the local government procurement unit;
         (57)(e) for a special district, the board of trustees of the special district or the board of trustees' designee;
         (57)(f) for a special service district, the governing body of the special service district or the governing body's designee;
         (57)(g) for a local building authority, the board of directors of the local building authority or the board of directors' designee;
         (57)(h) for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee;
         (57)(i) for a public corporation, the board of directors of the public corporation or the board of directors' designee;
         (57)(j) for a school district or any school or entity within a school district, the board of the school district or the board's designee;
         (57)(k) for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body;
         (57)(l) for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education or the president's designee;
         (57)(m) for the State Board of Education, the State Board of Education or the State Board of Education's designee;
         (57)(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education;
         (57)(o) for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or the executive director's designee; or
         (57)(p)
              (57)(p)(i) for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee;
              (57)(p)(ii) for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee;
              (57)(p)(iii) for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee;
              (57)(p)(iv) for the Department of Health and Human Services, and only to the extent of the procurement activities of the Department of Health and Human Services as an independent procurement unit, the executive director of the Department of Health and Human Services or the executive director's designee; or
              (57)(p)(v) for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee. See Utah Code 63G-6a-103
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Product or service: means an appropriated entity's final output or outcome. See Utah Code 63J-1-902
  • Professional service: means labor, effort, or work that requires specialized knowledge, expertise, and discretion, including labor, effort, or work in the field of:
         (59)(a) accounting;
         (59)(b) administrative law judge service;
         (59)(c) architecture;
         (59)(d) construction design and management;
         (59)(e) engineering;
         (59)(f) financial services;
         (59)(g) information technology;
         (59)(h) the law;
         (59)(i) medicine;
         (59)(j) psychiatry; or
         (59)(k) underwriting. See Utah Code 63G-6a-103
  • Program: means the Guest Worker Program described in Section 63G-12-201. See Utah Code 63G-12-102
  • Program: means a unit of accounting included on a schedule of programs within a line item used to track budget authorizations, collections, and expenditures on specific purposes or functions. See Utah Code 63J-1-102
  • Program: means the same as that term is defined in Section 63J-1-102. See Utah Code 63J-2-102
  • Program: means the First-Time Homebuyer Assistance Program created in Section 63H-8-502. See Utah Code 63H-8-501
  • Program funds: means money appropriated for the program. See Utah Code 63H-8-501
  • Program start date: means the day on which the department is required to implement the program under Subsection 63G-12-202(3). See Utah Code 63G-12-102
  • Project area: means the land, including military land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 63H-1-102
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area that includes:
         (18)(a) the base taxable value of property in the project area;
         (18)(b) the projected property tax allocation expected to be generated within the project area;
         (18)(c) the amount of the property tax allocation expected to be shared with other taxing entities;
         (18)(d) the amount of the property tax allocation expected to be used to implement the project area plan, including the estimated amount of the property tax allocation to be used for land acquisition, public improvements, infrastructure improvements, and loans, grants, or other incentives to private and public entities;
         (18)(e) the property tax allocation expected to be used to cover the cost of administering the project area plan;
         (18)(f) if the property tax allocation is to be collected at different times or from different portions of the project area, or both:
              (18)(f)(i)
                   (18)(f)(i)(A) the tax identification numbers of the parcels from which the property tax allocation will be collected; or
                   (18)(f)(i)(B) a legal description of the portion of the project area from which the property tax allocation will be collected; and
              (18)(f)(ii) an estimate of when other portions of the project area will become subject to collection of the property tax allocation; and
         (18)(g) for property that the authority owns or leases and expects to sell or sublease, the expected total cost of the property to the authority and the expected selling price or lease payments. See Utah Code 63H-1-102
  • Project area plan: means a written plan that, after the plan's effective date, guides and controls the development within a project area. See Utah Code 63H-1-102
  • Project entity: means the same as that term is defined in Section 11-13-103. See Utah Code 63G-6a-103
  • Property damage: means injury to, or loss of, any right, title, estate, or interest in real or personal property. See Utah Code 63G-7-102
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax, except as described in Subsection (20)(b), and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 63H-1-102
  • Property tax allocation: means the difference between:
         (21)(a) the amount of property tax revenues generated each tax year by all taxing entities from the area within a project area designated in the project area plan as the area from which the property tax allocation is to be collected, using the current assessed value of the property; and
         (21)(b) the amount of property tax revenues that would be generated from that same area using the base taxable value of the property. See Utah Code 63H-1-102
  • Proposed congressional land use legislation: means a draft or a working document of congressional legislation prepared by a person that includes a federal land use designation. See Utah Code 63J-8-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected computer: means a computer that:
              (6)(a)(i) is used in connection with the operation of a business, state government entity, or political subdivision; and
              (6)(a)(ii) requires a technological access barrier for an individual to access the computer. See Utah Code 63D-3-102
  • Protected record: means a record that is classified protected as provided by Section 63G-2-305. See Utah Code 63G-2-103
  • Protected wilderness area: means an area of wilderness that has been designated under this chapter as part of the Utah wilderness preservation system. See Utah Code 63L-7-103
  • Protest appeal record: means :
         (3)(a) a copy of the protest officer's written decision;
         (3)(b) all documentation and other evidence the protest officer relied upon in reaching the protest officer's decision;
         (3)(c) the recording of the hearing, if the protest officer held a hearing;
         (3)(d) a copy of the protestor's written protest; and
         (3)(e) all documentation and other evidence submitted by the protestor supporting the protest or the protestor's claim of standing. See Utah Code 63G-6a-1601.5
  • Protest appeal record: means the same as that term is defined in Section Utah Code 63G-6a-1701.5
  • Protest officer: means :
         (61)(a) for the division or an independent procurement unit:
              (61)(a)(i) the procurement official;
              (61)(a)(ii) the procurement official's designee who is an employee of the procurement unit; or
              (61)(a)(iii) a person designated by rule made by the rulemaking authority; or
         (61)(b) for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103
  • Protestor: means a person who files a protest under this part. See Utah Code 63G-6a-1601.5
  • Protestor: means the same as that term is defined in Section Utah Code 63G-6a-1701.5
  • PSAP: means an entity in this state that:
         (13)(a) receives, as a first point of contact, direct 911 emergency communications from the 911 emergency service network requesting a public safety service;
         (13)(b) has a facility with the equipment and staff necessary to receive the communication;
         (13)(c) assesses, classifies, and prioritizes the communication;
         (13)(d) dispatches the communication to the proper responding agency; and
         (13)(e) submits information as described in Section 63H-7a-208. See Utah Code 63H-7a-103
  • Public agency: means a state or local government entity, including:
         (3)(a) a department, division, agency, office, commission, board, or other government organization;
         (3)(b) a political subdivision, including a county, city, town, special district, or special service district;
         (3)(c) a public school, school district, charter school, or public higher education institution; or
         (3)(d) a judicial or quasi-judicial body. See Utah Code 63G-26-102
  • Public agency: means any political subdivision of the state dispatched by a public safety answering point. See Utah Code 63H-7a-103
  • Public body: means the same as that term is defined in Section 52-4-103. See Utah Code 63G-30-101
  • Public corporation: means an artificial person, public in ownership, individually created by the state as a body politic and corporate for the administration of a public purpose relating to the state or its citizens. See Utah Code 63E-1-102
  • Public corporation: means the same as that term is defined in Section 63E-1-102. See Utah Code 63G-6a-103
  • Public employee: means any individual employed by or volunteering for a state agency or a political subdivision who is not a public official. See Utah Code 63G-22-102
  • Public employer: means an employer that is:
         (17)(a) the state of Utah or any administrative subunit of the state;
         (17)(b) a state institution of higher education, as defined in Section 53B-3-102;
         (17)(c) a political subdivision of the state including a county, city, town, school district, special district, or special service district; or
         (17)(d) an administrative subunit of a political subdivision. See Utah Code 63G-12-102
  • Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103
  • Public entity: means the state or a political subdivision of the state, including each department, division, office, board, commission, council, authority, or institution of the state or a political subdivision of the state. See Utah Code 63G-27-102
  • Public entity: means :
         (22)(a) the state, including each department or agency of the state; or
         (22)(b) a political subdivision of the state, including the authority or a county, city, town, school district, special district, special service district, or interlocal cooperation entity. See Utah Code 63H-1-102
  • Public facility: means a building, structure, infrastructure, improvement, or other facility of a public entity. See Utah Code 63G-6a-103
  • Public funds: means money, regardless of its source, including from the federal government, that is owned or held by a procurement unit. See Utah Code 63G-6a-103
  • Public infrastructure and improvements: includes :
              (23)(c)(i) facilities, lines, or systems that harness geothermal energy or provide water, chilled water, steam, sewer, storm drainage, natural gas, electricity, or telecommunications;
              (23)(c)(ii) streets, roads, curb, gutter, sidewalk, walkways, tunnels, solid waste facilities, parking facilities, public transportation facilities, and parks, trails, and other recreational facilities;
              (23)(c)(iii) snowmaking equipment and related improvements that can also be used for water storage or fire suppression purposes; and
              (23)(c)(iv) a building and related improvements for occupancy by the public, the authority, the military, or military-related entities. See Utah Code 63H-1-102
  • Public lands: means lands within the exterior boundaries of this state except:
         (3)(a) lands to which title is held by a person who is not a governmental entity;
         (3)(b) lands owned or held in trust by this state, a political subdivision of this state, or an independent entity;
         (3)(c) lands reserved for use by the state system of public education as described in Utah Constitution Article X, § 2, or a state institution of higher education listed in Section 53B-1-102;
         (3)(d) school and institutional trust lands as defined in Section 53C-1-103;
         (3)(e) lands within the exterior boundaries as of January 1, 2012, of the following that are designated as national parks:
              (3)(e)(i) Arches National Park;
              (3)(e)(ii) Bryce Canyon National Park;
              (3)(e)(iii) Canyonlands National Park;
              (3)(e)(iv) Capitol Reef National Park; and
              (3)(e)(v) Zion National Park;
         (3)(f) lands within the exterior boundaries as of January 1, 2012, of the following national monuments managed by the National Park Service as of January 1, 2012:
              (3)(f)(i) Cedar Breaks National Monument;
              (3)(f)(ii) Dinosaur National Monument;
              (3)(f)(iii) Hovenweep National Monument;
              (3)(f)(iv) Natural Bridges National Monument;
              (3)(f)(v) Rainbow Bridge National Monument; and
              (3)(f)(vi) Timpanogos Cave National Monument;
         (3)(g) lands within the exterior boundaries as of January 1, 2012, of the Golden Spike National Historic Site;
         (3)(h) lands within the exterior boundaries as of January 1, 2012, of the following wilderness areas located in the state that, as of January 1, 2012, are designated as part of the National Wilderness Preservation System under the Wilderness Act of 1964, 16 U. See Utah Code 63L-6-102
  • Public location: means :
         (5)(a) a location that is open to the general public, regardless of whether the location is owned by a public entity, a private entity, or an individual; or
         (5)(b) a location that is not open to the general public, but where the notice is clearly visible to, and may easily be read by, an individual while the individual is present in a location described in Subsection (5)(a). See Utah Code 63G-30-101
  • Public notice: means a notice that is required to be provided to the public by a public body or a government official. See Utah Code 63G-30-101
  • Public official: means :
              (3)(a)(i) an appointed official or an elected official as those terms are defined in Section 63A-17-502; or
              (3)(a)(ii) an individual elected or appointed to a county office, municipal office, school board or school district office, special district office, or special service district office. See Utah Code 63G-22-102
  • Public official: includes a judge or justice of:
         (2)(a) the Utah Supreme Court;
         (2)(b) the Utah Court of Appeals;
         (2)(c) a district court;
         (2)(d) a juvenile court; or
         (2)(e) the Business and Chancery Court. See Utah Code 63G-23-102
  • Public record: means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b). See Utah Code 63G-2-103
  • Public safety communications network: means :
         (14)(a) a regional or statewide public safety governmental communications network and related facilities, including real property, improvements, and equipment necessary for the acquisition, construction, and operation of the services and facilities; and
         (14)(b) 911 emergency services, including radio communications, connectivity, and 911 call processing equipment. See Utah Code 63H-7a-103
  • Public transit district: means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act. See Utah Code 63G-6a-103
  • Public-private partnership: means an arrangement or agreement, occurring on or after January 1, 2017, between a procurement unit and one or more contractors to provide for a public need through the development or operation of a project in which the contractor or contractors share with the procurement unit the responsibility or risk of developing, owning, maintaining, financing, or operating the project. See Utah Code 63G-6a-103
  • Publication date: means the inscribed date of the bulletin. See Utah Code 63G-3-102
  • Publicly owned or controlled: means that a government entity has at least a partial ownership interest in or has control of a facility, program, or event. See Utah Code 63G-31-101
  • publish: means making a rule available to the public by including the rule or a summary of the rule in the bulletin. See Utah Code 63G-3-102
  • Qualified vendor: means a vendor who:
         (68)(a) is responsible; and
         (68)(b) submits a responsive statement of qualifications under Section 63G-6a-410 that meets the minimum mandatory requirements, evaluation criteria, and any applicable score thresholds set forth in the request for statement of qualifications. See Utah Code 63G-6a-103
  • Qualifying agency: means an agency that, in a single fiscal year, has federal receipts composing more than 33% of the agency's total budget. See Utah Code 63J-5-301
  • Qualifying federal funds: means federal funds that are:
              (1)(m)(i) greater than 10% of the receiving entity's annual budget; or
              (1)(m)(ii) greater than $2,000,000. See Utah Code 63J-5-102
  • Qualifying mortgage loan: means a mortgage loan that:
         (5)(a) is purchased by the corporation; and
         (5)(b) is subject to a document that is recorded in the office of the county recorder of the county in which the residential unit is located. See Utah Code 63H-8-501
  • Qualifying residential unit: means a residential unit that:
         (6)(a) is located in the state;
         (6)(b) is new construction or newly constructed but not yet inhabited;
         (6)(c) is financed by a qualifying mortgage loan;
         (6)(d) is owner-occupied within 60 days of purchase, or in the case of a two-unit dwelling, at least one unit is owner-occupied within 60 days of purchase; and
         (6)(e) is purchased for an amount that does not exceed:
              (6)(e)(i) $450,000; or
              (6)(e)(ii) if applicable, the maximum purchase price established by the corporation under Subsection 63H-8-502(6). See Utah Code 63H-8-501
  • Quasi-public corporation: means an artificial person, private in ownership, individually created as a corporation by the state, which has accepted from the state the grant of a franchise or contract involving the performance of a public purpose relating to the state or its citizens. See Utah Code 63E-1-102
  • Quorum: The number of legislators that must be present to do business.
  • RARE II: means the second United States Forest Service Roadless Area Review and Evaluation report of 1984. See Utah Code 63J-8-102
  • Rate: means :
              (163)(a)(i) the cost of a given unit of insurance; or
              (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
                   (163)(a)(ii)(A) a single number; or
                   (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                        (163)(a)(ii)(B)(I) expenses;
                        (163)(a)(ii)(B)(II) profit; and
                        (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means land and any building, fixture, improvement, appurtenance, structure, or other development that is permanently affixed to land. See Utah Code 63G-6a-103
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Reasonable search: means a search that is:
         (24)(a) reasonable in scope and intensity; and
         (24)(b) not unreasonably burdensome for the government entity. See Utah Code 63G-2-103
  • Recipient: means a first-time homebuyer who receives program funds. See Utah Code 63H-8-501
  • Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:
              (25)(a)(i) that is prepared, owned, received, or retained by a governmental entity or political subdivision; and
              (25)(a)(ii) where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103
  • Record keeping services: means those circumstances under which the insurer agrees with a group policy or contract customer to be responsible for obtaining, maintaining, and administering, in its own or its agents' systems, information about each individual insured under an insured's group insurance contract, or a line of coverage under the group insurance contract, at least the following information:
         (7)(a) social security number, or name and date of birth;
         (7)(b) beneficiary designation information;
         (7)(c) coverage eligibility;
         (7)(d) benefit amount; and
         (7)(e) premium payment status. See Utah Code 31A-22-1902
  • Record request: means a request for a record under Section 63G-2-204. See Utah Code 63G-2-400.5
  • Record series: means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition. See Utah Code 63G-2-103
  • Records committee appellant: means :
         (6)(a) a political subdivision that seeks to appeal a decision of a local appeals board to the State Records Committee; or
         (6)(b) a requester or interested party who seeks to appeal to the State Records Committee a decision affirming an access denial. See Utah Code 63G-2-400.5
  • Records officer: means the individual appointed by the chief administrative officer of each governmental entity, or the political subdivision to work with state archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records. See Utah Code 63G-2-103
  • Rehabilitation: includes the reconstruction, rehabilitation, improvement, and repair of residential housing. See Utah Code 63H-8-103
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Relevant contact information: means the following for an undocumented individual:
         (18)(a) the undocumented individual's name;
         (18)(b) the undocumented individual's residential address;
         (18)(c) the undocumented individual's residential telephone number;
         (18)(d) the undocumented individual's personal email address;
         (18)(e) the name of the person with whom the undocumented individual has a contract for hire;
         (18)(f) the name of the contact person for the person listed in Subsection (18)(e);
         (18)(g) the address of the person listed in Subsection (18)(e);
         (18)(h) the telephone number for the person listed in Subsection (18)(e);
         (18)(i) the names of the undocumented individual's immediate family members;
         (18)(j) the names of the family members who reside with the undocumented individual; and
         (18)(k) any other information required by the department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63G-12-102
  • Religious official: includes an individual designated by the religion as clergy, minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is acting as such. See Utah Code 63G-20-102
  • Religious organization: means :
         (5)(a) a religious organization, association, educational institution, or society;
         (5)(b) a religious corporation sole; or
         (5)(c) any corporation or association constituting a wholly owned subsidiary, affiliate, or agency of any religious organization, association, educational institution, society, or religious corporation sole. See Utah Code 63G-20-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remaining municipal services revenue: means municipal services revenue that the authority has not:
         (24)(a) spent during the authority's fiscal year for municipal services as provided in Subsection 63H-1-503(1); or
         (24)(b) redirected to use in accordance with Subsection 63H-1-502(3). See Utah Code 63H-1-102
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rental company: means any person or organization in the business of providing motorboats to the public. See Utah Code 31A-22-1501
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Request for information: means a nonbinding process through which a procurement unit requests information relating to a procurement item. See Utah Code 63G-6a-103
  • Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103
  • Request for proposals process: means the procurement process described in Part 7, Request for Proposals. See Utah Code 63G-6a-103
  • Request for statement of qualifications: means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103
  • Requester: means a person who submits a record request to a governmental entity. See Utah Code 63G-2-400.5
  • Requirements contract: means a contract:
         (74)(a) under which a contractor agrees to provide a procurement unit's entire requirements for certain procurement items at prices specified in the contract during the contract period; and
         (74)(b) that:
              (74)(b)(i) does not require a minimum purchase amount; or
              (74)(b)(ii) provides a maximum purchase limit. See Utah Code 63G-6a-103
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential dwelling liability insurance: means insurance against liability resulting from or incident to the ownership, maintenance, or use of a residential dwelling that is a detached single family residence or multifamily residence up to four units. See Utah Code 31A-1-301
  • Residential housing: means a specific work or improvement within the state undertaken primarily to provide dwelling accommodations, including land, buildings, and improvements to land and buildings, whether in one to four family units or multifamily units, and other incidental or appurtenant nonhousing facilities, or as otherwise specified by the corporation. See Utah Code 63H-8-103
  • Residential unit: includes a manufactured home or modular home that is attached to a permanent foundation. See Utah Code 63H-8-501
  • Resort communities tax: means a sales and use tax imposed under Section 59-12-401. See Utah Code 63H-1-102
  • Respondent: means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person. See Utah Code 63G-4-103
  • Responsible: means being capable, in all respects, of:
         (75)(a) meeting all the requirements of a solicitation; and
         (75)(b) fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. See Utah Code 63G-6a-103
  • Responsive: means conforming in all material respects to the requirements of a solicitation. See Utah Code 63G-6a-103
  • Restricted account: means the Immigration Act Restricted Account created in Section 63G-12-103. See Utah Code 63G-12-102
  • Restricted revenue: means collections that are:
         (13)(a) deposited, by law, into a separate fund, subfund, or account; and
         (13)(b) designated for a specific program or purpose. See Utah Code 63J-1-102
  • Restroom: includes :
              (9)(b)(i) sex-designated men's restrooms;
              (9)(b)(ii) sex-designated women's restrooms;
              (9)(b)(iii) unisex restrooms; and
              (9)(b)(iv) single-occupant restrooms. See Utah Code 63G-31-101
  • Retained asset account: means a mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer by depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits. See Utah Code 31A-22-1902
  • Revenue types: means the categories established by the Division of Finance under the authority of this chapter that classify revenue according to the purpose for which it is collected. See Utah Code 63J-2-102
  • Revenues: means the revenues of the state from every tax, penalty, receipt, and other monetary exaction and interest connected with it that are recorded as unrestricted revenue of the General Fund and from non-Uniform School Fund income tax revenues, except as specifically exempted by this chapter. See Utah Code 63J-3-103
  • Review committee: means the COVID-19 Local Assistance Matching Grant Program Review Committee established in Section 63J-4-803. See Utah Code 63J-4-801
  • Rider: means an endorsement to:
         (173)(a) an insurance policy; or
         (173)(b) an insurance certificate. See Utah Code 31A-1-301
  • Risk management fund: means the fund created in Section 63A-4-201. See Utah Code 63G-10-501
  • Risk manager: means the state risk manager appointed under Section Utah Code 63G-10-501
  • Road: means a road classified as either a class B road, as described in Section 72-3-103, or a class D road, as described in Section 72-3-105. See Utah Code 63L-7-103
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • Roadless area: means an area without a road, as defined in Subsection (6). See Utah Code 63L-7-103
  • Rule: includes the amendment or repeal of an existing rule. See Utah Code 63G-3-102
  • Rule: includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit. See Utah Code 63G-6a-103
  • Rule analysis: means the format prescribed by the office to summarize and analyze rules. See Utah Code 63G-3-102
  • Rulemaking authority: means :
         (78)(a) for a legislative procurement unit, the Legislative Management Committee;
         (78)(b) for a judicial procurement unit, the Judicial Council;
         (78)(c)
              (78)(c)(i) only to the extent of the procurement authority expressly granted to the procurement unit by statute:
                   (78)(c)(i)(A) for the facilities division, the facilities division;
                   (78)(c)(i)(B) for the Office of the Attorney General, the attorney general;
                   (78)(c)(i)(C) for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation;
                   (78)(c)(i)(D) for the Department of Health and Human Services, the executive director of the Department of Health and Human Services; and
                   (78)(c)(i)(E) for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity; and
              (78)(c)(ii) for each other executive branch procurement unit, the board;
         (78)(d) for a local government procurement unit:
              (78)(d)(i) the governing body of the local government unit; or
              (78)(d)(ii) an individual or body designated by the local government procurement unit;
         (78)(e) for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter;
         (78)(f) for a state institution of higher education, the Utah Board of Higher Education;
         (78)(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education;
         (78)(h) for a public transit district, the chief executive of the public transit district;
         (78)(i) for a special district other than a public transit district or for a special service district, the board, except to the extent that the board of trustees of the special district or the governing body of the special service district makes its own rules:
              (78)(i)(i) with respect to a subject addressed by board rules; or
              (78)(i)(ii) that are in addition to board rules;
         (78)(j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education;
         (78)(k) for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees;
         (78)(l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees;
         (78)(m) for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or
         (78)(n) for any other procurement unit, the board. See Utah Code 63G-6a-103
  • Rulemaking board: means a board, committee, commission, or council:
              (5)(a)(i) that has rulemaking authority; and
              (5)(a)(ii) at least part of whose membership is appointed by the governor subject to the advice and consent of the Senate. See Utah Code 63G-24-102
  • San Juan County Energy Zone: means BLM and Forest Service lands situated in the following townships in San Juan County, as more fully illustrated in the map prepared by the San Juan County GIS department in December 2014 entitled "San Juan County Energy Zone": Township 26S Range 21E, Township 26S Range 22E, Township 26S Range 23E, Township 26S Range 24E, Township 26S Range 25E, Township 26S Range 26E, Township 27S Range 21E, Township 27S Range 22E, Township 27S Range 23E, Township 27S Range 24E, Township 27S Range 25E, Township 27S Range 26E, Township 28S Range 21E, Township 28S Range 22E, Township 28S Range 23E, Township 28S Range 24E, Township 28S Range 25E, Township 28S Range 26E, Township 29S Range 21E, Township 29S Range 22E, Township 29S Range 23E, Township 29S Range 24E, Township 29S Range 25E, Township 29S Range 26E, Township 30S Range 21E, Township 30S Range 22E, Township 30S Range 23E, Township 30S Range 24E, Township 30S Range 25E, Township 30S Range 26E, Township 31S Range 22E, Township 31S Range 23E, Township 31S Range 24E, Township 31S Range 25E, Township 31S Range 26E, Township 32S Range 20E, Township 32S Range 21E, Township 32S Range 22E, Township 32S Range 23E, Township 32S Range 24E, Township 32S Range 25E, Township 32S Range 26E, Township 33S Range 19E, Township 33S Range 20E, Township 33S Range 21E, Township 33S Range 22E, Township 33S Range 23E, Township 33S Range 24E, Township 33S Range 25E, Township 33S Range 26E, Township 34S Range 19E, Township 34S Range 20E, Township 34S Range 21E, Township 34S Range 22E, Township 34S Range 23E, Township 34S Range 24E, Township 34S Range 25E, Township 34S Range 26E, Township 35S Range 14E, Township 35S Range 15E, Township 35S Range 16E, Township 35S Range 17E, Township 35S Range 18E, Township 35S Range 19E, Township 35S Range 20E, Township 35S Range 21E, Township 35S Range 22E, Township 35S Range 23E, Township 35S Range 24E, Township 35S Range 25E, Township 35S Range 26E, Township 36S Range 14E, Township 36S Range 15E, Township 36S Range 16E, Township 36S Range 17E, Township 36S Range 18E, Township 36S Range 19E, Township 36S Range 21E, Township 36S Range 22E, Township 36S Range 23E, Township 36S Range 24E, Township 36S Range 25E, Township 36S Range 26E, Township 37S Range 14E, Township 37S Range 15E, Township 37S Range 16E, Township 37S Range 17E, Township 37S Range 21E, Township 37S Range 22E, Township 37S Range 23E, Township 37S Range 24E, Township 37S Range 25E, Township 37S Range 26E, Township 38S Range 12E, Township 38S Range 21E, Township 38S Range 22E, Township 38S Range 23E, Township 38S Range 24E, Township 38S Range 25E, Township 38S Range 26E, Township 39S Range 12E, Township 39S Range 13E, Township 39S Range 15E, Township 39S Range 21E, Township 39S Range 22E, Township 39S Range 23E, Township 39S Range 24E, Township 39S Range 25E, Township 39S Range 26E, Township 40S Range 14E, Township 40S Range 15E, Township 40S Range 16E, Township 40S Range 19E, Township 40S Range 20E, Township 40S Range 21E, Township 40S Range 22E, Township 40S Range 23E, Township 40S Range 24E, Township 40S Range 25E, Township 40S Range 26E, Township 41S Range 16E, Township 41S Range 17E, Township 41S Range 18E, Township 41S Range 19E, Township 41S Range 20E, Township 41S Range 21E, Township 41S Range 22E, Township 41S Range 23E, Township 41S Range 24E, Township 41S Range 25E, Township 41S Range 26E, Township 42S Range 14E, Township 42S Range 15E, Township 42S Range 16E, Township 42S Range 17E, Township 42S Range 18E, Township 42S Range 19E, Township 42S Range 20E, Township 42S Range 21E, Township 42S Range 22E, Township 42S Range 23E, Township 42S Range 24E, Township 42S Range 25E, Township 42S Range 26E, Township 43S Range 14E, Township 43S Range 15E, Township 43S Range 16E, Township 43S Range 17E, Township 43S Range 18E, Township 43S Range 19E, Township 43S Range 20E, Township 43S Range 21E, Township 43S Range 22E, Township 43S Range 23E, Township 43S Range 24E, Township 43S Range 25E, and Township 43S Range 26E. See Utah Code 63J-8-102
  • Schedule of programs: means a list of programs and associated authorization amounts within an item of appropriation. See Utah Code 63J-1-102
  • School: means a public or private elementary or secondary school. See Utah Code 63D-2-102
  • Secondary medical condition: means a complication related to an exclusion from coverage in accident and health insurance. See Utah Code 31A-1-301
  • Security: means a:
              (176)(a)(i) note;
              (176)(a)(ii) stock;
              (176)(a)(iii) bond;
              (176)(a)(iv) debenture;
              (176)(a)(v) evidence of indebtedness;
              (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
              (176)(a)(vii) collateral-trust certificate;
              (176)(a)(viii) preorganization certificate or subscription;
              (176)(a)(ix) transferable share;
              (176)(a)(x) investment contract;
              (176)(a)(xi) voting trust certificate;
              (176)(a)(xii) certificate of deposit for a security;
              (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
              (176)(a)(xiv) commodity contract or commodity option;
              (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
              (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Security: means any bond, note, warrant, or other evidence of indebtedness, whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an "indebtedness" within the meaning of any provision of the constitution or laws of this state. See Utah Code 63J-3-103
  • Self-insurance: includes :
              (178)(b)(i) an arrangement under which a governmental entity undertakes to indemnify an employee for liability arising out of the employee's employment; and
              (178)(b)(ii) an arrangement under which a person with a managed program of self-insurance and risk management undertakes to indemnify the person's affiliate, subsidiary, director, officer, or employee for liability or risk that arises out of the person's relationship with the affiliate, subsidiary, director, officer, or employee. See Utah Code 31A-1-301
  • Sell: means to exchange a contract of insurance:
         (179)(a) by any means;
         (179)(b) for money or its equivalent; and
         (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
  • Serious felony: means a felony under:
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Settlement Agreement: means the written agreement between the state and the Department of the Interior in 2003 (revised in 2005) that resolved the case of State of Utah v. See Utah Code 63J-8-102
  • Settlement agreement report: means a report that:
         (5)(a) states the total amount of the settlement;
         (5)(b) states the payer of the settlement;
         (5)(c) states the recipient of the payment;
         (5)(d) summarizes the circumstances related to the settlement; and
         (5)(e) contains a copy of the settlement agreement, unless the agreement is not permitted to be disclosed due to a court order or other legal requirement. See Utah Code 63G-10-102
  • Settlement amount: means the total cost to implement:
         (4)(a) an action settlement as defined in Section 63G-10-102, including the cost of the required action and any required monetary payment; or
         (4)(b) a financial settlement as defined in Section 63G-10-102. See Utah Code 63G-10-501
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • Sex-designated: means that a facility, program, or event is designated specifically for males or females and not the opposite sex. See Utah Code 63G-31-101
  • Sexuality: includes legal sexual conduct, legal sexual expression, sexual desires, and the status of a person as male or female. See Utah Code 63G-20-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Significant break in coverage: means a period of 63 consecutive days during each of which an individual does not have creditable coverage. See Utah Code 31A-1-301
  • Single audit: means the same as that term is defined in Utah Code 63J-5-301
  • Single-occupant: means , in relation to a single-occupant facility or privacy space, that the facility or privacy space:
         (11)(a) has floor-to-ceiling walls;
         (11)(b) has an entirely encased and locking door; and
         (11)(c) is designated for single occupancy. See Utah Code 63G-31-101
  • Site selection committee: means the International Olympic Committee or the International Paralympic Committee. See Utah Code 63G-28-101
  • SITLA: means the School and Institutional Trust Lands Administration as created in Section 53C-1-201. See Utah Code 63J-8-102
  • Small business: means a business employing fewer than 50 persons. See Utah Code 63G-3-102
  • Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
              (182)(a)(i)
                   (182)(a)(i)(A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
                   (182)(a)(i)(B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
              (182)(a)(ii) employs at least one employee on the first day of the plan year; and
              (182)(a)(iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under Utah Code 31A-1-301
  • Small purchase process: means the procurement process described in Section 63G-6a-506. See Utah Code 63G-6a-103
  • Sole source contract: means a contract resulting from a sole source procurement. See Utah Code 63G-6a-103
  • Sole source procurement: means a procurement without competition pursuant to a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the procurement item. See Utah Code 63G-6a-103
  • Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103
  • Solicitation response: means :
         (84)(a) a bid submitted in response to an invitation for bids;
         (84)(b) a proposal submitted in response to a request for proposals; or
         (84)(c) a statement of qualifications submitted in response to a request for statement of qualifications. See Utah Code 63G-6a-103
  • Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 63G-6a-103
  • Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 63G-6a-103
  • Specification: means any description of the physical or functional characteristics or of the nature of a procurement item included in an invitation for bids or a request for proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
         (87)(a) a requirement for inspecting or testing a procurement item; or
         (87)(b) preparing a procurement item for delivery. See Utah Code 63G-6a-103
  • Sponsored research: means research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget:
         (29)(a) conducted:
              (29)(a)(i) by an institution within the state system of higher education defined in Section 53B-1-102; and
              (29)(a)(ii) through an office responsible for sponsored projects or programs; and
         (29)(b) funded or otherwise supported by an external:
              (29)(b)(i) person that is not created or controlled by the institution within the state system of higher education; or
              (29)(b)(ii) federal, state, or local governmental entity. See Utah Code 63G-2-103
  • Standard procurement process: means :
         (88)(a) the bidding process;
         (88)(b) the request for proposals process;
         (88)(c) the approved vendor list process;
         (88)(d) the small purchase process; or
         (88)(e) the design professional procurement process. See Utah Code 63G-6a-103
  • Standing: means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:
         (5)(a) the cause of the injury or harm is:
              (5)(a)(i) an infringement of the protestor's own right and not the right of another person who is not a party to the procurement;
              (5)(a)(ii) reasonably connected to the procurement unit's conduct; and
              (5)(a)(iii) the sole reason the protestor is not considered, or is no longer considered, for an award of a contract under the procurement that is the subject of the protest;
         (5)(b) a decision on the protest in favor of the protestor:
              (5)(b)(i) is likely to redress the injury or harm; and
              (5)(b)(ii) would give the protestor a reasonable likelihood of being awarded a contract; and
         (5)(c) the protestor has the legal authority to file the protest on behalf of the actual or prospective bidder or offeror or prospective contractor involved in the procurement that is the subject of the protest. See Utah Code 63G-6a-1601.5
  • State: means the same as that term is defined in Section 63G-7-102. See Utah Code 63G-32-101
  • State: means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children's Justice Center, or other instrumentality of the state. See Utah Code 63G-7-102
  • State: means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, college, university, Children's Justice Center, or other instrumentality of the state. See Utah Code 63G-9-201
  • State: means the state of Utah. See Utah Code 63H-8-103
  • State: means the state of Utah and all of its agencies, and any administrative subunits of those agencies. See Utah Code 63J-5-102
  • State: means the state of Utah and all of its agencies, and any administrative subunits of those agencies. See Utah Code 63J-7-101
  • State agency: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 63G-22-102
  • state agency: means an executive branch:
    (1) department;
    (2) division; or
    (3) office. See Utah Code 63G-25-101
  • State agency: means :
              (11)(a)(i) 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; or
              (11)(a)(ii) each state public education entity. See Utah Code 63I-5-102
  • State agency: means an officer or administrative unit of the executive branch of state government that is authorized by law to adopt rules. See Utah Code 63L-3-102
  • State archives: means the Division of Archives and Records Service created in Section 63A-12-101. See Utah Code 63G-2-103
  • State archivist: means the director of the state archives. See Utah Code 63G-2-103
  • State cooperative contract: means a contract awarded by the division for and in behalf of all public entities. See Utah Code 63G-6a-103
  • State housing credit ceiling: means the amount specified in Subsection 42(h)(3)(C) of the Internal Revenue Code for each calendar year. See Utah Code 63H-8-103
  • State or local government: means :
         (7)(a) a state government entity, agency, or instrumentality; or
         (7)(b) a local government entity, agency, or instrumentality. See Utah Code 63G-20-102
  • State or local government official: means an officer, employee, or appointee of a state or local government. See Utah Code 63G-20-102
  • State Records Committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103
  • State security: means a financial obligation undertaken by the state under a host agreement. See Utah Code 63G-28-101
  • State service: includes :
              (2)(b)(i) for the Governor's Office of Economic Opportunity or the Division of Technology Services, public high-speed Internet access;
              (2)(b)(ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
              (2)(b)(iii) for the Department of Public Safety, fingerprinting, an online driver license renewal, online appointment scheduling, an online motor vehicle record request, and an online change of address with the Driver License Division; and
              (2)(b)(iv) for the Department of Workforce Services, online job searches, verification of submission for benefits administered by the Department of Workforce Services, online unemployment applications, online food stamp applications, and online appointment scheduling. See Utah Code 63G-21-102
  • Statement of qualifications: means a written statement submitted to a procurement unit in response to a request for statement of qualifications. See Utah Code 63G-6a-103
  • Status verification system: includes :
              (21)(b)(i) the e-verify program;
              (21)(b)(ii) an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986;
              (21)(b)(iii) the Social Security Number Verification Service or similar online verification process implemented by the United States Social Security Administration; or
              (21)(b)(iv) an independent third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in Subsection (21)(b)(i), (ii), or (iii). See Utah Code 63G-12-102
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Street-legal all-terrain vehicle: means the same as that term is defined in Section 41-6a-102. See Utah Code 31A-22-301 v2
  • Subject lands: means the following non-WSA BLM lands:
              (21)(a)(i) in Beaver County:
                   (21)(a)(i)(A) Mountain Home Range South, Jackson Wash, The Toad, North Wah Wah Mountains, Central Wah Wah Mountains, and San Francisco Mountains according to the region map entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at http://www. See Utah Code 63J-8-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial interest: means the same as that term is defined in Section 67-16-3. See Utah Code 63G-24-102
  • Substantially burden: includes :
              (6)(b)(i) any of the following in response to, or as a consequence of, the person's free exercise of religion:
                   (6)(b)(i)(A) withholding a government benefit;
                   (6)(b)(i)(B) assessing criminal, civil, or administrative penalties or damages; or
                   (6)(b)(i)(C) excluding a person from a government program or from access to a government facility or service; and
              (6)(b)(ii) a burden described in Subsections (6)(a) and (b)(i), regardless of whether the burden is:
                   (6)(b)(ii)(A) imposed by:
                        (6)(b)(ii)(A)(I) law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
                        (6)(b)(ii)(A)(II) the application of law, statute, rule, policy, order, or other assertion of governmental authority; or
                        (6)(b)(ii)(A)(III) any other means;
                   (6)(b)(ii)(B) applied or enforced by, or on behalf of, a government entity; or
                   (6)(b)(ii)(C) applied or enforced by, or on behalf of, a person other than a government entity to:
                        (6)(b)(ii)(C)(I) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
                        (6)(b)(ii)(C)(II) compel a government entity to act;
                        (6)(b)(ii)(C)(III) prohibit a government entity from acting; or
                        (6)(b)(ii)(C)(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
  • Summary data: means statistical records and compilations that contain data derived from private, controlled, or protected information but that do not disclose private, controlled, or protected information. See Utah Code 63G-2-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superior agency: means an agency required or authorized by law to review the orders of another agency. See Utah Code 63G-4-103
  • Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by:
         (1)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
  • Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 63H-1-102
  • Taxed interlocal entity: means the same as that term is defined in Section 11-13-602. See Utah Code 63G-22-102
  • Technological access barrier: means a password, security code, token, key fob, access device, or other digital security measure. See Utah Code 63D-3-102
  • Technology: means the same as "information technology" as defined in Section 63A-16-102. See Utah Code 63G-6a-103
  • Telecommunications tax: means a telecommunications license tax under Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act. See Utah Code 63H-1-102
  • Testify: Answer questions in court.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tie bid: means that the lowest responsive bids of responsible bidders are identical in price. See Utah Code 63G-6a-103
  • Time and materials contract: means a contract under which the contractor is paid:
         (94)(a) the actual cost of direct labor at specified hourly rates;
         (94)(b) the actual cost of materials and equipment usage; and
         (94)(c) an additional amount, expressly described in the contract, to cover overhead and profit, that is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Traffic: means to sell, purchase, or deliver. See Utah Code 63D-3-102
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transient room tax: means a tax under Section 59-12-352. See Utah Code 63H-1-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • U-verify program: means the verification procedure developed by the department in accordance with Section 63G-12-210. See Utah Code 63G-12-102
  • Uintah Basin Energy Zone: means BLM and Forest Service lands situated in the following townships in Daggett, Duchesne, and Uintah counties, as more fully illustrated in the map prepared by the Uintah County GIS Department in February 2012 entitled "Uintah Basin Utah Energy Zone":
         (22)(a) in Daggett County, Township 3N Range 17 E, Township 3N Range 18E, Township 3N Range 19E, Township 3N Range 20E, Township 3N Range 22E, Township 3N Range 23E, Township 3N Range 24E, Township 3N Range 25E, Township 2N Range 17E, Township 2N Range 18E, Township 2N Range 19E, Township 2N Range 20E, Township 2N Range 21E, and Township 2S Range 25E;
         (22)(b) in Duchesne County, Township 3N Range 4W, Township 3N Range 3W, Township 3N Range 2W, Township 3N Range 1W, Township 2N Range 6W, Township 2N Range 5W, Township 2N Range 4W, Township 2N Range 3W, Township 2N Range 1W, Township 1N Range 9W, Township 1N Range 8W, Township 1N Range 7W, Township 1N Range 6W, Township 1S Range 9W, Township 1S Range 8W, Township 4S Range 9W, Township 4S Range 3W, Township 4S Range 2W, Township 4S Range 1W, Township 8S Range 15E, Township 8S Range 16E, Township 8S Range 17E, Township 5S Range 9W, Township 5S Range 3W, Township 9S Range 15E, Township 9S Range 16E, Township 9S Range 17E, Township 6S Range 9W, Township 6S Range 8W, Township 6S Range 7W, Township 6S Range 6W, Township 6S Range 5W, Township 6S Range 3W, Township 10S Range 15E, Township 10S Range 16E, Township 10S Range 17E, Township 7S Range 9W, Township 7S Range 8W, Township 7S Range 7W, Township 7S Range 6W, Township 7S Range 5W, Township 7S Range 4W, Township 10S Range 11E, Township 10S Range 12E, Township 10S Range 13E, Township 10S Range 14E, Township 10S Range 15E, Township 10S Range 16E, Township 10S Range 17E, Township 11S Range 10E, Township 11S Range 11E, Township 11S Range 12E, Township 11S Range 13E, Township 11S Range 14E, Township 11S Range 15E, Township 11S Range 16E, and Township 11S Range 17E; and
         (22)(c) in Uintah County: Township 2S Range 18E, Township 2S Range 19E, Township 2S Range 20E, Township 2S Range 21E, Township 2S Range 22E, Township 2S Range 23E, Township 2S Range 24E, Township 2N Range 1W, Township 2N Range 1E, Township 2N Range 2E, Township 3S Range 18E, Township 3S Range 19E, Township 3S Range 20E, Township 3S Range 21E, Township 3S Range 22E, Township 3S Range 23E, Township 3S Range 24E, Township 4S Range 19E, Township 4S Range 20E, Township 4S Range 21E, Township 4S Range 22E, Township 4S Range 23E, Township 4S Range 24E, Township 4S Range 25E, Township 5S Range 19E, Township 5S Range 20E, Township 5S Range 21E, Township 5S Range 22E, Township 5S Range 23E, Township 5S Range 24E, Township 5S Range 25E, Township 6S Range 19E, Township 6S Range 20E, Township 6S Range 21E, Township 6S Range 22E, Township 6S Range 23E, Township 6S Range 24E, Township 6S Range 25E, Township 7S Range 19E, Township 7S Range 20E, Township 7S Range 21E, Township 7S Range 22E, Township 7S Range 23E, Township 7S Range 24E, Township 7S Range 25E, Township 8S Range 17E, Township 8S Range 18E, Township 8S Range 19E, Township 8S Range 20E, Township 8S Range 21E, Township 8S Range 22E, Township 8S Range 23E, Township 8S Range 24E, Township 8S Range 25E, Township 9S Range 17E, Township 9S Range 18E, Township 9S Range 19E, Township 9S Range 20E, Township 9S Range 21E, Township 9S Range 22E, Township 9S Range 23E, Township 9S Range 24E, Township 9S Range 25E, Township 10S Range 17E, Township 10S Range 18E, Township 10S Range 19E, Township 10S Range 20E, Township 10S Range 21E, Township 10S Range 22E, Township 10S Range 23E, Township 10S Range 24E, Township 10S Range 25E, Township 11S Range 17E, Township 11S Range 18E, Township 11S Range 19E, Township 11S Range 20E, Township 11S Range 21E, Township 11S Range 22E, Township 11S Range 23E, Township 11S Range 24E, Township 11S Range 25E, Township 12S Range 20E, Township 12S Range 21E, Township 12S Range 22E, Township 12S Range 23E, Township 12S Range 24E, Township 12S Range 25E, Township 13S Range 20E, Township 13S Range 21E, Township 13S Range 22E, Township 13S Range 23E, Township 13S Range 24E, Township 13S Range 25E, Township 13S Range 26 E, Township 14S Range 21E, Township 14S Range 22E, Township 14S Range 23E, Township 14S Range 24E, Township 14S Range 25E, and Township 14S Range 26E. See Utah Code 63J-8-102
  • Unauthorized alien: is a s defined in Utah Code 63G-12-102
  • Unauthorized user: means an individual who, for a protected computer:
         (9)(a) is not an authorized user of the protected computer; and
         (9)(b) accesses the protected computer by:
              (9)(b)(i) obtaining, without an authorized user's permission, the authorized user's technological access barrier; or
              (9)(b)(ii) circumventing, without the permission of the protected computer's owner, a technological access barrier on the protected computer. See Utah Code 63D-3-102
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
  • Undocumented individual: means an individual who:
         (23)(a) lives or works in the state; and
         (23)(b) is not in compliance with the Immigration and Nationality Act, Utah Code 63G-12-102
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unisex: means , in relation to a unisex facility or privacy space, that the facility or privacy space:
         (12)(a) is designated for the use of both sexes; or
         (12)(b) is not sex-designated. See Utah Code 63G-31-101
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User: means a person who accesses a governmental website. See Utah Code 63D-2-102
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • USPS: means the United States Postal Service. See Utah Code 63G-21-102
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
  • Utah Public Notice Website: means the Utah Public Notice Website created in Section 63A-16-601. See Utah Code 63G-30-101
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vendor: means a person in the business of engaging in portable electronics transactions directly or indirectly. See Utah Code 31A-22-1802
  • Venue: The geographical location in which a case is tried.
  • Venue: means a facility:
         (4)(a) designed and currently approved under standards developed by a generally recognized sports federation to host world-class level, international winter sports competitions; and
         (4)(b) used for recreational, developmental, and competitive athletic training. See Utah Code 63G-28-301
  • Venue operator: means a person who:
         (5)(a) operates a venue that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; or
         (5)(b) owns a venue or operates a venue under contract with the public owner of the venue. See Utah Code 63G-28-301
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means an individual who:
              (44)(a)(i) has served in the United States Armed Forces for at least 180 days:
                   (44)(a)(i)(A) on active duty; or
                   (44)(a)(i)(B) in a reserve component, to include the National Guard; or
              (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
              (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
  • Waiting period: means the time an insured waits before some or all of the insured's coverage becomes effective. See Utah Code 31A-22-2002
  • Warranty: means a promise made solely by the manufacturer, importer, seller, or lessor of property or services without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services. See Utah Code 31A-22-1802
  • Wilderness: means the same as that term is defined in Utah Code 63J-8-102
  • Wilderness: means a roadless area of undeveloped state-owned land, other than land owned by the School and Institutional Trust Lands Administration, that:
         (8)(a) is acquired by the state from the federal government through purchase, exchange, grant, or any other means of conveyance of title after May 13, 2014;
         (8)(b) retains its primeval character and influence, without permanent improvements or human habitation;
         (8)(c) generally appears to have been affected primarily by the forces of nature, with minimal human impact;
         (8)(d) has at least 5,000 contiguous acres of land, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition;
         (8)(e) has outstanding opportunities for solitude, or a primitive and unconfined type of recreation; and
         (8)(f) may contain ecological, geological, or other features of scientific, educational, scenic, or historical value. See Utah Code 63L-7-103
  • Wilderness area: means those BLM and Forest Service lands added to the National Wilderness Preservation System by an act of Congress. See Utah Code 63J-8-102
  • Wilderness Preservation System: means the Wilderness Preservation System established in Utah Code 63J-8-102
  • Willful misconduct: means the intentional doing of a wrongful act, or the wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's conduct will probably result in injury. See Utah Code 63G-7-102
  • Woman: means an adult human female. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5