Utah Code > Title 31A > Chapter 23a – Insurance Marketing – Licensing Producers, Consultants, and Reinsurance Intermediaries
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Terms Used In Utah Code > Title 31A > Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries
- 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
- Accomplice: means an individual who has engaged in criminal conduct as described in Section
76-2-202 . See Utah Code 63M-7-502- Acquisition date: means the day on which the state received title to land. See Utah Code 63L-7-103
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
- Adjudication: means an adjudication, as that term is defined in Section
80-1-102 , of an offense under Section80-6-701 . See Utah Code 63M-7-401.1- 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- Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
- Administrator: means the executive director or the executive director's designee. See Utah Code 63N-3-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult sentencing and supervision length guidelines: means the guidelines established in Section
Utah Code 63M-7-401.1 - Advisory committee: means the Rural Opportunity Advisory Committee created in Section
63N-4-804 . See Utah Code 63N-4-801- Advocacy services provider: means the same as that term is defined in Section
77-38-403 . See Utah Code 63M-7-502- 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
- Affiliate: means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person. See Utah Code 63N-4-302
- Affiliated business: means the gross transaction revenue of a title entity's title insurance business in the state that is the result of an affiliated business arrangement. See Utah Code 31A-23a-1001
- Affiliated business arrangement: means the same as that term is defined in Utah Code 31A-23a-1001
- Affordable housing: means housing occupied or reserved for occupancy by households with a gross household income:
(1)(a) equal to or less than 80% of the median gross income of the applicable municipal or county statistical area for households of the same size, in certain circumstances as provided in this part; or(1)(b) equal to or less than 60% of the median gross income of the applicable municipal or county statistical area for households of the same size, in certain circumstances as provided in this part. See Utah Code 63N-3-602- Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- Agency: means the same as that term is defined in Section
17C-1-102 . See Utah Code 63N-3-602- Aggregator site: means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. See Utah Code 31A-23a-902
- Agreement: means an agreement described in Section 63N-2-503. See Utah Code 63N-2-502
- Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
- 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 63N-3-1201
- Amortization: Paying off a loan by regular installments.
- 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.
- Applicable agency: means :
(1)(a) for a project related to air quality, the Division of Air Quality created in Section 19-1-105; or(1)(b) for a project related to water resources, the Division of Water Resources created in Section 73-10-18. See Utah Code 63N-3-901- Applicable percentage: means :
(3)(a) on February 1, 2020, through January 31, 2021, 0. See Utah Code 31A-23a-1001- Applicant: means an individual, for profit business entity, nonprofit, corporation, partnership, unincorporated association, government entity, executive branch department or division of a department, a political subdivision, a state institution of higher education, or any other administrative unit of the state. See Utah Code 63N-3-102
- 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- Appointing authority: means an authority named in Section 63M-14-202 that appoints an authority member for a Colorado River authority area. See Utah Code 63M-14-102
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- 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: means the same as that term is defined in Utah Code 31A-23a-1001
- Association of governments: means an association of political subdivisions of the state, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 63N-4-801
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authority: means the Colorado River Authority of Utah created by Section 63M-14-201. See Utah Code 63M-14-102
- Authority member: means a person appointed as a member of the authority under Section 63M-14-202 or designated as a member of the authority. See Utah Code 63M-14-102
- authorized insurer: means an insurer:
(191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and(191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301- 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.
- Base taxable value: means the value of hotel property before the construction on a qualified hotel begins, as that value is established by the county in which the hotel property is located, using a reasonable valuation method that may include the value of the hotel property on the county assessment rolls the year before the year during which construction on the qualified hotel begins. See Utah Code 63N-2-502
- Base taxable value: means a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 63N-3-602
- Base year: means , for each tax increment collection period triggered within a proposed housing and transit reinvestment zone area, the calendar year prior to the calendar year the tax increment begins to be collected for those parcels triggered for that collection period. See Utah Code 63N-3-602
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Baseline state revenue: means the amount of state tax revenue collected from a business entity or the employees of a business entity during the year before the date on which a project related to the business entity is approved by the office or by the GOEO board. See Utah Code 63N-1a-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
- Bequest: Property gifted by will.
- Blanket travel insurance: means a travel insurance policy that:
(2)(a) an insurer issues to an eligible group; and(2)(b) covers:(2)(b)(i) a specific class of persons defined in the policy; and(2)(b)(ii) all members of the eligible group without a separate charge to an individual member of the eligible group. See Utah Code 31A-23a-902- Board: means the board created in Section 63L-9-104. See Utah Code 63L-8-102
- Board: means the board of directors of the corporation. See Utah Code 63N-6-103
- Board: means the Board of Tourism Development created in Section 63N-7-201. See Utah Code 63N-7-101
- Board: means the Crime Victim Reparations and Assistance Board created under Section
63M-7-504 . See Utah Code 63M-7-502- Board: means the Domestic Violence Offender Treatment Board created in Section 63M-7-702. See Utah Code 63M-7-701
- board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 63M-7-502
- Bus rapid transit: means a high-quality bus-based transit system that delivers fast and efficient service that may include dedicated lanes, busways, traffic signal priority, off-board fare collection, elevated platforms, and enhanced stations. See Utah Code 63N-3-602
- Bus rapid transit station: means an existing station, stop, or terminal, or a proposed station, stop, or terminal that is specifically identified as needed in phase one of a metropolitan planning organization's adopted long-range transportation plan and in phase one of the relevant public transit district's adopted long-range transit plan:
(6)(a) along an existing bus rapid transit line; or(6)(b) along an extension to an existing bus rapid transit line or new bus rapid transit line. See Utah Code 63N-3-602- Business applicant: means a business that:
(1)(a) is a claimant, estate, or trust; and(1)(b) meets the criteria established in Section 63N-2-304. See Utah Code 63N-2-302- 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 entity: includes a nonprofit entity. See Utah Code 63N-2-103
- Business entity: means an entity, sole proprietorship, or individual:
(1)(a) including a claimant, estate, or trust; and(1)(b) under which or by whom business is conducted or transacted. See Utah Code 63N-2-202- Business entity: means a for-profit or nonprofit business entity. See Utah Code 63N-3-901
- Business entity: means a for-profit or nonprofit entity. See Utah Code 63N-3-1001
- Business entity: means a for-profit or nonprofit organization. See Utah Code 63N-3-1501
- Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 63N-4-402
- Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 63N-4-801
- business of insurance: includes :
(98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;(98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:(98)(b)(i) by a single employer or by multiple employer groups; or(98)(b)(ii) through one or more trusts, associations, or other entities;(98)(c) providing an annuity:(98)(c)(i) including an annuity issued in return for a gift; and(98)(c)(ii) except an annuity provided by a person specified in Subsections31A-22-1305 (2) and (3);(98)(d) providing the characteristic services of a motor club;(98)(e) providing another person with insurance;(98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;(98)(g) transacting or proposing to transact any phase of title insurance, including:(98)(g)(i) solicitation;(98)(g)(ii) negotiation preliminary to execution;(98)(g)(iii) execution of a contract of title insurance;(98)(g)(iv) insuring; and(98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;(98)(h) transacting or proposing a life settlement; and(98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301- Cancellation fee waiver: means a contractual agreement that:
(3)(a) is between a supplier of a travel assistance service and the supplier's customer; and(3)(b) waives a non-refundable cancellation fee provision of the supplier's underlying travel contract, with or without regard to:(3)(b)(i) the reason for the cancellation; or(3)(b)(ii) the form of reimbursement. See Utah Code 31A-23a-902- Cannabinoid processor license: means the same as that term is defined in Section
4-41-102 . See Utah Code 63N-3-1301- Casualty insurance: means liability insurance. See Utah Code 31A-1-301
- Center on Aging: means the Center on Aging within the University of Utah. See Utah Code 63M-11-103
- CEO board: means a County Economic Opportunity Advisory Board as described in Section
63N-4-803 . See Utah Code 63N-4-801- 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- Certified claim: means a claim that the office has approved and certified as provided in Section 63N-2-505. See Utah Code 63N-2-502
- Chair: means the chair of the authority. See Utah Code 63M-14-102
- Chambers: A judge's office.
- Child: means an unemancipated individual who is under 18 years old. See Utah Code 63M-7-502
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Civil disability: means a legal right or privilege that is revoked as a result of the individual's conviction or adjudication. See Utah Code 63M-7-401.1
- Claim: means a written document submitted by a qualified hotel owner or host local government to request a convention incentive. See Utah Code 63N-2-502
- Claimant: means any of the following claiming reparations under this part:
(5)(a) a victim;(5)(b) a dependent of a deceased victim; or(5)(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502- Claimant: means a resident or nonresident person that has:
(2)(a) Utah taxable income as defined in Section 59-7-101; or(2)(b) state taxable income under Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information. See Utah Code 63N-2-202- claimant: means a resident person or a nonresident person. See Utah Code 63N-2-302
- Claimant: means the qualified hotel owner or host local government that submits a claim under Subsection 63N-2-505(1)(a) for a convention incentive. See Utah Code 63N-2-502
- Claimant: means the same as that term is defined in Section 59-10-1002. See Utah Code 63N-2-802
- Claimant: means a resident or nonresident person that has state taxable income. See Utah Code 63N-4-302
- Closing date: means the date on which a rural investment company collects:
(3)(a) all of the investments described in Subsection 63N-4-303(7) related to phase one investment authority; or(3)(b) all of the investments described in Subsection 63N-4-303(7) related to phase two investment authority. See Utah Code 63N-4-302- Collateral consequence: means :
(4)(a) a discretionary disqualification; or(4)(b) a mandatory sanction. See Utah Code 63M-7-401.1- Collateral source: means any source of benefits or advantages for economic loss otherwise reparable under this part that the claimant has received, or that is readily available to the claimant from:
(7)(a) the offender;(7)(b) the insurance of the offender or the claimant;(7)(c) the United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory state-funded programs;(7)(d) social security, Medicare, and Medicaid;(7)(e) state-required temporary nonoccupational income replacement insurance or disability income insurance;(7)(f) workers' compensation;(7)(g) wage continuation programs of any employer;(7)(h) proceeds of a contract of insurance payable to the claimant for the loss the claimant sustained because of the criminally injurious conduct;(7)(i) a contract providing prepaid hospital and other health care services or benefits for disability; or(7)(j) veteran's benefits, including veteran's hospitalization benefits. See Utah Code 63M-7-502- Colorado River authority area: means the geographic area designated by Subsection 63M-14-202(2). See Utah Code 63M-14-102
- Colorado River Basin States: means Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. See Utah Code 63M-14-102
- Colorado River system: means the entire drainage of the Colorado River in Utah including both the main stem of the Colorado River and the Colorado River's tributaries. See Utah Code 63M-14-102
- Commencement of construction: means any clearing of land, excavation, or construction but does not include preliminary site review, including soil tests, topographical surveys, exploratory drilling, boring or mining, or other preliminary tests. See Utah Code 63M-5-103
- Commercial or industrial zone: means an area zoned agricultural, commercial, industrial, manufacturing, business park, research park, or other appropriate business related use in a general plan that contemplates future growth. See Utah Code 63N-2-103
- Commission: means the Federalism Commission. See Utah Code 63L-10-102
- Commission: means the Unified Economic Opportunity Commission created in Section
63N-1a-201 . See Utah Code 63N-1a-102- Commission: means the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201 . See Utah Code 63M-7-101.5- Commission: means the Utah Commission on Aging, created in Section
63M-11-102 . See Utah Code 63M-11-103- Commission: means the Utah Marriage Commission created by this chapter. See Utah Code 63M-15-102
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-701
- Commission: means the Utah Victim Services Commission. See Utah Code 63M-7-901
- Commission: means the Utah State Tax Commission. See Utah Code 63N-2-502
- Commission leadership: means the commission's elected chair, elected vice chair, and coordinator. See Utah Code 63M-15-102
- Commissioner: means the commissioner of the Department of Agriculture and Food, or the commissioner's designee. See Utah Code 63L-8-102
- Committee: means a victim rights committee established in each judicial district as described in Section
63M-7-1002 . See Utah Code 63M-7-1001- Committee: means the Revitalization Zone Committee created in Section
63N-3-1607 . See Utah Code 63N-3-1401- 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.
- Community investment project: means a project that includes one or more of the following criteria in addition to the normal operations of the business applicant:
(3)(a) significant new employment; or(3)(b) significant new capital development. See Utah Code 63N-2-302- Community reinvestment agency: means the same as that term is defined in Section 17C-1-102. See Utah Code 63N-2-502
- Commuter rail: means a heavy-rail passenger rail transit facility operated by a large public transit district. See Utah Code 63N-3-602
- Commuter rail station: means an existing station, stop, or terminal, or a proposed station, stop, or terminal, which has been specifically identified as needed in phase one of a metropolitan planning organization's adopted long-range transportation plan and in phase one of the relevant public transit district's adopted long-range transit plan:
(8)(a) along an existing commuter rail line;(8)(b) along an extension to an existing commuter rail line or new commuter rail line; or(8)(c) along a fixed guideway extension from an existing commuter rail line. See Utah Code 63N-3-602- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Confidential record: includes :
(8)(b)(i) a reparations claim;(8)(b)(ii) any correspondence regarding:(8)(b)(ii)(A) the approval or denial of a reparations claim; or(8)(b)(ii)(B) the payment of a reparations award;(8)(b)(iii) a document submitted to the office in support of a reparations award;(8)(b)(iv) a medical or mental health treatment plan; and(8)(b)(v) an investigative report provided to the office by a law enforcement agency. See Utah Code 63M-7-502- Conservation area: means an area that potentially has wilderness characteristics. See Utah Code 63L-7-103
- Conservation lease: includes a lease that is wholly or partially similar to a lease described in Subsection (1)(a). See Utah Code 63L-13-101
- Construction revenue: means revenue generated from state taxes and local taxes imposed on transactions occurring during the eligibility period as a result of the construction of the hotel property, including purchases made by a qualified hotel owner and its subcontractors. See Utah Code 63N-2-502
- consultant: means a person who:
(99)(a) advises another person about insurance needs and coverages;(99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and(99)(c) except as provided in Section31A-23a-501 , is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301- Contract: A legal written agreement that becomes binding when signed.
- Controlled insurer: means a licensed insurer that is either directly or indirectly controlled by a producer. See Utah Code 31A-1-301
- Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
- Controlling producer: means a producer who directly or indirectly controls an insurer. See Utah Code 31A-1-301
- Convention incentive: means an incentive for the development of a qualified hotel, in the form of payment from the incentive fund as provided in this part, as authorized in an agreement. See Utah Code 63N-2-502
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means the same as that term is defined in Section
77-38b-102 . See Utah Code 63M-7-401.1- Coordinating committee: means the committee created in Section 63L-11-401. See Utah Code 63L-11-102
- Coordinator: means an employee from Utah State University described in Section 63M-15-206. See Utah Code 63M-15-102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: 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 Capital Investment Corporation created under Section 63N-6-301. See Utah Code 63N-6-103
- County applicant: means the governing authority of a county that meets the requirements for designation as an enterprise zone under Section 63N-2-204. See Utah Code 63N-2-202
- County executive: means :
(7)(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;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Coworking and innovation center: means a facility designed to provide individuals with the infrastructure and equipment to participate in the online workforce. See Utah Code 63N-4-502
- Credit insurance: includes :
(37)(b)(i) credit accident and health insurance;(37)(b)(ii) credit life insurance;(37)(b)(iii) credit property insurance;(37)(b)(iv) credit unemployment insurance;(37)(b)(v) guaranteed automobile protection insurance;(37)(b)(vi) involuntary unemployment insurance;(37)(b)(vii) mortgage accident and health insurance;(37)(b)(viii) mortgage guaranty insurance; and(37)(b)(ix) mortgage life insurance. See Utah Code 31A-1-301- Criminal justice agency: includes :
(3)(b)(i) a law enforcement agency as defined in Section63M-7-502 ;(3)(b)(ii) a prosecuting agency;(3)(b)(iii) the Department of Corrections created in Section64-13-2 ; or(3)(b)(iv) the Board of Pardons and Parole created in Section77-27-2 . See Utah Code 63M-7-1001- Criminal justice system victim advocate: means the same as that term is defined in Section
77-38-403 . See Utah Code 63M-7-502- Criminally injurious conduct: includes a felony violation of Section
76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502- Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
- Customer service representative: means a person that provides an insurance service and insurance product information:
(43)(a)(i) for the customer service representative's:(43)(a)(i)(A) producer;(43)(a)(i)(B) surplus lines producer; or(43)(a)(i)(C) consultant employer; and(43)(a)(ii) to the customer service representative's employer's:(43)(a)(ii)(A) customer;(43)(a)(ii)(B) client; or(43)(a)(ii)(C) organization. See Utah Code 31A-1-301- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deadline: means a final date or time:
(44)(a) imposed by:(44)(a)(i) statute;(44)(a)(ii) rule; or(44)(a)(iii) order; and(44)(b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301- Decedent: A deceased person.
- 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.
- Defense attorney: Represent defendants in criminal matters.
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Dependent: A person dependent for support upon another.
- Dependent: includes a child of the victim born after the victim's death. See Utah Code 63M-7-502
- Designated home state: means the state or territory of the United States or the District of Columbia:
(2)(a) in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee does not maintain the licensee's principal:(2)(a)(i) place of residence; or(2)(a)(ii) place of business;(2)(b) if the resident state, territory, or District of Columbia of the licensee does not license for the line of authority sought, the licensee has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:(2)(b)(i) examination requirement;(2)(b)(ii) fingerprint background check requirement; and(2)(b)(iii) continuing education requirement; and(2)(c) if the licensee has designated the state, territory, or District of Columbia as the designated home state. See Utah Code 31A-23a-102- Desistance: means an individual's abstinence from further criminal activity after a previous criminal conviction. See Utah Code 63M-7-101.5
- Developable area: means the portion of land within a housing and transit reinvestment zone available for development and construction of business and residential uses. See Utah Code 63N-3-602
- Developer: means any person engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility, including owners, contract purchases of owners, and persons who, as a lessee or under an agreement, are engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility. See Utah Code 63M-5-103
- Development zone: means an economic development zone created under Section
63N-2-104 . See Utah Code 63N-2-103- Digital media company: means a company engaged in the production of a digital media project. See Utah Code 63N-8-102
- Digital media project: means all or part of a production of interactive entertainment or animated production that is produced for distribution in commercial or educational markets, which shall include projects intended for Internet or wireless distribution. See Utah Code 63N-8-102
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Director: means the director of the Department of Land Management or the director's designee. See Utah Code 63L-8-102
- Director: means the director of the office. See Utah Code 63M-7-502
- 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- Disadvantage: means any legal or regulatory restriction that:
(6)(a) is imposed on an individual as a result of the individual's conviction or adjudication; and(6)(b) is not a civil disability or a legal penalty. See Utah Code 63M-7-401.1- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Discretionary disqualification: means a penalty, a civil disability, or a disadvantage that a court in a civil proceeding, or a federal, state, or local government agency or official, may impose on an individual as a result of the individual's adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage. See Utah Code 63M-7-401.1
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Disposition: means the sentencing or determination of penalty or punishment to be imposed upon an individual:
(15)(a) convicted of a crime;(15)(b) found delinquent; or(15)(c) against whom a finding of sufficient facts for conviction or finding of delinquency is made. See Utah Code 63M-7-502- Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 31A-23a-1001
- DLM: means the Department of Land Management, created in Section 63L-9-102. See Utah Code 63L-8-102
- DNR: means the Department of Natural Resources. See Utah Code 63L-7-103
- Dollars left in the state: means expenditures made in the state for a state-approved production, including:
(3)(a) an expenditure that is subject to:(3)(a)(i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise and Income Taxes;(3)(a)(ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;(3)(a)(iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, notwithstanding any sales and use tax exemption allowed by law; or(3)(a)(iv) a combination of Subsections (3)(a)(i), (ii), and (iii);(3)(b) payments made to a nonresident only to the extent of the income tax paid to the state on the payments, the amount of per diems paid in the state, and other direct reimbursements transacted in the state; and(3)(c) payments made to a payroll company or loan-out corporation that is registered to do business in the state, only to the extent of the amount of withholding under Section59-10-402 . See Utah Code 63N-8-102- Donor: The person who makes a gift.
- Economic loss: includes economic detriment even if caused by pain and suffering or physical impairment. See Utah Code 63M-7-502
- Ecosystem services: include the:
(2)(b)(i) conversion of carbon dioxide to oxygen in plants through photosynthesis;(2)(b)(ii) purification of in-stream surface water or groundwater by naturally-occurring microorganisms, soil or bedrock percolation, or chemical detoxification; and(2)(b)(iii) noncommercial recreational benefit of natural lands. See Utah Code 63L-13-101- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Eligibility period: means :
(10)(a) the period that:(10)(a)(i) begins the date construction of a qualified hotel begins; and(10)(a)(ii) ends:(10)(a)(ii)(A) for purposes of the state portion, 20 years after the date of initial occupancy of that qualified hotel; or(10)(a)(ii)(B) for purposes of the local portion and incremental property tax revenue, 25 years after the date of initial occupancy of that hotel; or(10)(b) as provided in an agreement between the office and a qualified hotel owner or host local government, a period that:(10)(b)(i) begins no earlier than the date construction of a qualified hotel begins; and(10)(b)(ii) is shorter than the period described in Subsection (10)(a). See Utah Code 63N-2-502- Eligible group: includes :
(4)(b)(i) an entity engaged in the business of providing travel or a travel service in which, with regard to the particular travel or travel service or type of travel or travelers, all members or customers of the group have common exposure to risk attendant to that travel, including:(4)(b)(i)(A) a tour operator;(4)(b)(i)(B) a lodging provider;(4)(b)(i)(C) a vacation property owner;(4)(b)(i)(D) a hotel or resort;(4)(b)(i)(E) a travel club;(4)(b)(i)(F) a travel agency;(4)(b)(i)(G) a property manager;(4)(b)(i)(H) a cultural exchange program;(4)(b)(i)(I) a common carrier; and(4)(b)(i)(J) the operator, owner, or lessor of a means of transportation of passengers, including an airline, a cruise line, a railroad, a steamship company, and a public bus carrier;(4)(b)(ii) a college, school, or other institution of learning, covering students, teachers, employees, or volunteers;(4)(b)(iii) an employer covering employees, volunteers, contractors, a board of directors, dependents, or guests;(4)(b)(iv) a sports team, camp, or a sponsor of a sports team or camp, covering participants, members, campers, employees, officials, supervisors, or volunteers;(4)(b)(v) a religious, charitable, recreational, educational, or civic organization, or a branch of a religious, charitable, recreational, educational, or civic organization, covering members, participants, or volunteers;(4)(b)(vi) a financial institution, a financial institution vendor, or a parent holding company, trustee, or agent of or designated by a financial institution or a financial institution vendor, covering accountholders, credit card holders, debtors, guarantors, or purchasers;(4)(b)(vii) an incorporated or unincorporated association, including a labor union, that:(4)(b)(vii)(A) has a common interest, constitution, and bylaws;(4)(b)(vii)(B) is organized and maintained in good faith for a purpose other than to cover members or participants of the association; and(4)(b)(vii)(C) covers members of the association;(4)(b)(viii) an entertainment production company covering participants, volunteers, audience members, contestants, or workers;(4)(b)(ix) a volunteer fire department, ambulance, rescue, police, or court or a volunteer first aid, civil defense, or other volunteer group similar to first aid or civil defense, covering members, participants, or volunteers;(4)(b)(x) a preschool, a daycare institution for children or adults, or a senior citizen club, covering attendees or participants;(4)(b)(xi) an automobile or truck rental or leasing company:(4)(b)(xi)(A) covering individuals who may become renters, lessees, or passengers depending on the travel status of the individual on a rented or leased vehicle; and(4)(b)(xi)(B) if the common carrier, operator, owner or lessor of the means of transportation, or the automobile or truck rental or leasing company is the policyholder; and(4)(b)(xii) a group not described in Subsections (4)(b)(i) through (xi), if the commissioner determines that:(4)(b)(xii)(A) the members of the group are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship; and(4)(b)(xii)(B) issuance of the policy would not be contrary to the public interest. See Utah Code 31A-23a-902- Eligible small business: means a business that at the time of an initial growth investment in the business by a rural investment company:
(5)(a) has fewer than 150 employees;(5)(b) has less than $10,000,000 in net income for the preceding taxable year;(5)(c) maintains the business's principal business operations in the state; and(5)(d) is engaged in an industry related to:(5)(d)(i) aerospace;(5)(d)(ii) defense;(5)(d)(iii) energy and natural resources;(5)(d)(iv) financial services;(5)(d)(v) life sciences;(5)(d)(vi) outdoor products;(5)(d)(vii) software development;(5)(d)(viii) information technology;(5)(d)(ix) manufacturing; or(5)(d)(x) agribusiness. See Utah Code 63N-4-302- 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 benefits: means one or more benefits or services provided to:
(58)(a) an employee; or(58)(b) a dependent of an employee. See Utah Code 31A-1-301- Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
- Endorsement letter: means a letter:
(11)(a) from the county in which a qualified hotel is located or is proposed to be located;(11)(b) signed by the county executive; and(11)(c) expressing the county's endorsement of a developer of a qualified hotel as meeting all the county's criteria for receiving the county's endorsement. See Utah Code 63N-2-502- Enhanced development: means the construction of mixed uses including housing, commercial uses, and related facilities. See Utah Code 63N-3-602
- Enrollee: includes an insured. See Utah Code 31A-1-301
- Enterprise zone: means an area within a county or municipality that has been designated as an enterprise zone by the office under Part 2, Enterprise Zone Act. See Utah Code 63N-2-302
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Entity: means a county, city, nonprofit organization, or institution of higher education. See Utah Code 63N-4-502
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Escrow: means :
(64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:(64)(a)(i)(A) the explanation, holding, or creation of a document; or(64)(a)(i)(B) the receipt, deposit, and disbursement of money; or(64)(a)(ii) a settlement or closing involving:(64)(a)(ii)(A) a mobile home;(64)(a)(ii)(B) a grazing right;(64)(a)(ii)(C) a water right; or(64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301- Escrow agent: means an agency title insurance producer meeting the requirements of Sections
31A-4-107 ,31A-14-211 , and31A-23a-204 , who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301- Estate: means a nonresident estate or a resident estate that has state taxable income under Title 59, Chapter 10, Part 2, Trusts and Estates. See Utah Code 63N-2-202
- Estate: means a resident estate or a nonresident estate. See Utah Code 63N-2-302
- Ex officio: Literally, by virtue of one's office.
- Excess return: means the difference between:
(6)(a)(i) the present value of all growth investments made by a rural investment company on the day the rural investment company applies to exit the program under Section 63N-4-309, including the present value of all distributions and gains from the growth investments; and(6)(a)(ii) the sum of the amount of the original growth investment and an amount equal to any projected increase in the equity holder's federal or state tax liability, including penalties and interest, related to the equity holder's ownership, management, or operation of the rural investment company. See Utah Code 63N-4-302- 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 director: means the executive director of the office. See Utah Code 63N-1a-102
- Executive director: means the public lands policy executive director appointed under Section 63L-11-201. See Utah Code 63L-11-102
- 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.
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Federally licensed rural business investment company: means a person licensed as a rural business investment company under Utah Code 63N-4-302
- Federally licensed small business investment company: means a person licensed as a small business investment company under Utah Code 63N-4-302
- Fiduciary: A trustee, executor, or administrator.
- Filed: means that a filing is:
(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- Filing: when used as a noun, means an item required to be filed with the department including:
(70)(a) a policy;(70)(b) a rate;(70)(c) a form;(70)(d) a document;(70)(e) a plan;(70)(f) a manual;(70)(g) an application;(70)(h) a report;(70)(i) a certificate;(70)(j) an endorsement;(70)(k) an actuarial certification;(70)(l) a licensee annual statement;(70)(m) a licensee renewal application;(70)(n) an advertisement;(70)(o) a binder; or(70)(p) an outline of coverage. See Utah Code 31A-1-301- First home investment zone: means the same as that term is defined in Section
63N-3-1601 . See Utah Code 63N-3-602- 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.
- Fixed guideway: means the same as that term is defined in Section
59-12-102 . See Utah Code 63N-3-602- 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- Franchise agreement: means a legally binding and valid agreement under which:
(2)(a) a major professional sports league has awarded a franchise to a franchise recipient; and(2)(b) the major professional sports league team that is the subject of the agreement is playing, or will play, home games in a qualified stadium that exists or will be constructed within the project area. See Utah Code 63N-3-1401- Fraud: Intentional deception resulting in injury to another.
- Fraudulent claim: means a filed reparations based on material misrepresentation of fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the claimant is not eligible. See Utah Code 63M-7-502
- Fulfillment material: means documentation that:
(5)(a) is sent to the purchaser of a travel protection plan;(5)(b) confirms the purchase of the travel protection plan; and(5)(c) provides the travel protection plan's coverage and assistance details. See Utah Code 31A-23a-902- Full-time employee: means an employment position that is filled by an employee who works at least 30 hours per week and:
(6)(a) may include an employment position filled by more than one employee, if each employee who works less than 30 hours per week is provided benefits comparable to a full-time employee; and(6)(b) may not include an employment position that is shifted from one jurisdiction in the state to another jurisdiction in the state. See Utah Code 63N-1a-102- Full-time employee: means an employee that throughout the year works at least 30 hours per week or meets the customary practices accepted by that industry as full time. See Utah Code 63N-4-302
- Fund: means the Crime Victim Reparations Fund created in Section
63M-7-526 . See Utah Code 63M-7-502- fund: means the Transient Room Tax Fund created by Section 63N-3-403. See Utah Code 63N-3-402
- Fund: means the Rural Opportunity Fund created in Section
63N-4-805 . See Utah Code 63N-4-801- 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.
- GOEO: means the Governor's Office of Economic Opportunity. See Utah Code 63N-1a-102
- GOEO board: means the Board of Economic Opportunity created in Section
63N-1a-401 . See Utah Code 63N-1a-102- Governmental entity: means :
(1)(a) an agency, as that term is defined in Section 63G-10-102;(1)(b) the School and Institutional Trust Lands Administration created in Section 53C-1-201;(1)(c) the School and Institutional Trust Lands Board of Trustees created in Section 53C-1-202; or(1)(d) a political subdivision, as that term is defined in Section 63L-11-102. See Utah Code 63L-12-101- Grant: means a grant awarded as part of the pilot program. See Utah Code 63N-3-901
- Grant: means a grant awarded as part of the Economic Assistance Grant Program created in Section 63N-3-1002. See Utah Code 63N-3-1001
- Grant: means a grant awarded under Section
63N-3-1102 . See Utah Code 63N-3-1101- Grant: means a financial grant awarded as part of the Redevelopment Matching Grant Program created in Section 63N-3-1202. See Utah Code 63N-3-1201
- Grant: means a grant awarded as part of the Rural Employment Expansion Grant Program created in Section 63N-4-403. See Utah Code 63N-4-402
- Grant: means a grant awarded as part of the Rural Coworking and Innovation Center Grant Program created in Section
63N-4-503 . See Utah Code 63N-4-502- Grant program: means the Economic Assistance Grant Program created in Section 63N-3-1002. See Utah Code 63N-3-1001
- Grant program: means the Redevelopment Matching Grant Program created in Section 63N-3-1202. See Utah Code 63N-3-1201
- Grant program: means the Rural Employment Expansion Grant Program created in Section 63N-4-403. See Utah Code 63N-4-402
- Grant program: means the Rural Coworking and Innovation Center Grant Program created in Section
63N-4-503 . See Utah Code 63N-4-502- Grazing permit: means a document, issued by the Department of Land Management, authorizing use of public land for the purpose of grazing domestic livestock. See Utah Code 63L-8-102
- 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- Growth investment: means any capital or equity investment in an eligible small business or any loan made from the investment authority to an eligible small business with a stated maturity at least one year after the date of issuance. See Utah Code 63N-4-302
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- 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 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- High paying job: means a newly created full-time employee position where the aggregate average annual gross wage of the employment position, not including health care or other paid or unpaid benefits, is:
(8)(a) at least 110% of the average wage of the county in which the employment position exists; or(8)(b) for an employment position related to a project described in Chapter 2, Part 1, Economic Development Tax Increment Financing, and that is located within the boundary of a county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of the second class and where the municipality has a population of 10,000 or less:(8)(b)(i) at least 100% of the average wage of the county in which the employment position exists; or(8)(b)(ii) an amount determined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a county experiencing economic distress. See Utah Code 63N-1a-102- High wage: means a wage that is at least 100% of the county average wage. See Utah Code 63N-4-302
- 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 state: means :
(3)(a) a state or territory of the United States or the District of Columbia in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee:(3)(a)(i) maintains the licensee's principal:(3)(a)(i)(A) place of residence; or(3)(a)(i)(B) place of business; and(3)(a)(ii) is licensed to act as a resident licensee; or(3)(b) if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license for the line of authority sought, a state, territory, or the District of Columbia:(3)(b)(i) in which the licensee is licensed;(3)(b)(ii) in which the licensee is in good standing; and(3)(b)(iii) that the licensee has designated as the licensee's designated home state. See Utah Code 31A-23a-102- Horizontal construction costs: means the additional costs associated with earthwork, over excavation, utility work, transportation infrastructure, and landscaping to achieve enhanced development in the housing and transit reinvestment zone. See Utah Code 63N-3-602
- Host agency: means the community reinvestment agency of the host local government. See Utah Code 63N-2-502
- Host local government: means :
(13)(a) a county that enters into an agreement with the office for the construction of a qualified hotel within the unincorporated area of the county; or(13)(b) a city or town that enters into an agreement with the office for the construction of a qualified hotel within the boundary of the city or town. See Utah Code 63N-2-502- Hotel property: means a qualified hotel and any property that is included in the same development as the qualified hotel, including convention, exhibit, and meeting space, retail shops, restaurants, parking, and other ancillary facilities and amenities. See Utah Code 63N-2-502
- Housing and transit reinvestment zone: means a housing and transit reinvestment zone created pursuant to this part. See Utah Code 63N-3-602
- Housing and transit reinvestment zone committee: means a housing and transit reinvestment zone committee created pursuant to Section
63N-3-605 . See Utah Code 63N-3-602- Incentive fund: means the Convention Incentive Fund created in Section Utah Code 63N-2-502
- Incremental job: includes a full-time employment position where the employee is hired:
(9)(b)(i) directly by a business entity; or(9)(b)(ii) by a professional employer organization, as defined in Section31A-40-102 , on behalf of a business entity. See Utah Code 63N-1a-102- Incremental property tax revenue: means the amount of property tax revenue generated from hotel property that equals the difference between:
(16)(a) the amount of property tax revenue generated in any tax year by all taxing entities from hotel property, using the current assessed value of the hotel property; and(16)(b) the amount of property tax revenue that would be generated that tax year by all taxing entities from hotel property, using the hotel property's base taxable value. See Utah Code 63N-2-502- Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
- 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
- industrial facility: means any land, structure, building, plant, mine, road, installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement, or improvement of, land or an existing structure, building, plant, mine, road, installation, excavation, machinery, or device reasonably used, erected, constructed, acquired, or installed by any person, if a substantial purpose of or result of the use, erection, construction, acquisition, rental, lease, or installation is related to industrial development or the development or utilization of the natural resources in this state. See Utah Code 63M-5-103
- Industrial hemp: means the same as that term is defined in Section
4-41-102 . See Utah Code 63N-3-1301- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inland marine insurance: includes insurance covering:
(94)(a) property in transit on or over land;(94)(b) property in transit over water by means other than boat or ship;(94)(c) bailee liability;(94)(d) fixed transportation property such as bridges, electric transmission systems, radio and television transmission towers and tunnels; and(94)(e) personal and commercial property floaters. See Utah Code 31A-1-301- insolvent: means that:
(95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;(95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection31A-17-601 (8)(c); or(95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301- Insurance: includes :
(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301- insurance company: means a person doing an insurance business as a principal including:
(104)(a)(i) a fraternal benefit society;(104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections31A-22-1305 (2) and (3);(104)(a)(iii) a motor club;(104)(a)(iv) an employee welfare plan;(104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and(104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301- Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
(103)(a)(i) a policyholder;(103)(a)(ii) a subscriber;(103)(a)(iii) a member; and(103)(a)(iv) a beneficiary. See Utah Code 31A-1-301- Insurer: is a s defined in Section 31A-1-301, except that the following persons or similar persons are not insurers for purposes of Part 7, Producer Controlled Insurers:
(4)(a) a risk retention group as defined in:(4)(a)(i) the Superfund Amendments and Reauthorization Act of 1986, Pub. See Utah Code 31A-23a-102- Interest in land: means any right, title, lien, claim, interest, or estate with respect to land. See Utah Code 63L-13-101
- Interpersonal violence: includes any attempt, conspiracy, or solicitation of an act described in Subsection (20)(a). See Utah Code 63M-7-502
- Intervention: means a program, sanction, supervision, or event that may impact recidivism. See Utah Code 63M-7-101.5
- Investment authority: means the minimum amount of investment a rural investment company must make in eligible small businesses in order for credit-eligible contributions to the rural investment company to qualify for a rural job creation tax credit under Section 59-7-621 or 59-10-1038. See Utah Code 63N-4-302
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile: means a minor as that term is defined in Section
80-1-102 . See Utah Code 63M-7-401.1- Juvenile disposition guidelines: means the guidelines established in Section
Utah Code 63M-7-401.1 - Land: includes :
(4)(b)(i) agricultural land, as defined in Section4-46-102 ;(4)(b)(ii) land owned or controlled by a political subdivision;(4)(b)(iii) land owned or controlled by a school district;(4)(b)(iv) non-federal land, as defined in Section9-9-402 ;(4)(b)(v) private land;(4)(b)(vi) public land;(4)(b)(vii) state land, as defined in Subsection9-9-402 (14)(a);(4)(b)(viii) waters of the state, as defined in Subsection19-5-102 (23)(a); and(4)(b)(ix) subsurface land. See Utah Code 63L-13-101- Land conveyance: means the transfer of any interest in land from one party to another. See Utah Code 63L-13-101
- Land use authorization: means an easement, lease, permit, or license to occupy, use, or traverse public land granted for a particular purpose. See Utah Code 63L-8-102
- Large public transit district: means the same as that term is defined in Section
17B-2a-802 . See Utah Code 63N-3-602- Law enforcement agency: means a public or private agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision of this state. See Utah Code 63M-7-502
- Law enforcement officer: means the same as that term is defined in Section
53-13-103 . See Utah Code 63M-7-502- Law of the river: means the compacts, federal laws, treaties, court decisions and decrees, contracts, and regulatory guidelines that underlie and authorize the management and operation of the Colorado River. See Utah Code 63M-14-102
- 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
- Legacy: A gift of property made by will.
- Legal expense insurance: includes an arrangement that creates a reasonable expectation of an enforceable right. See Utah Code 31A-1-301
- 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 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
- 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- Life science establishment: means the same as that term is defined in Section 59-10-1025. See Utah Code 63N-2-802
- Light rail: means a passenger rail public transit system with right-of-way and fixed rails:
(19)(a) dedicated to exclusive use by light-rail public transit vehicles;(19)(b) that may cross streets at grade; and(19)(c) that may share parts of surface streets. See Utah Code 63N-3-602- Light rail station: means an existing station, stop, or terminal or a proposed station, stop, or terminal, which has been specifically identified as needed in phase one of a metropolitan planning organization's adopted long-range transportation plan and in phase one of the relevant public transit district's adopted long-range plan:
(20)(a) along an existing light rail line; or(20)(b) along an extension to an existing light rail line or new light rail line. See Utah Code 63N-3-602- Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
- Limited lines travel insurance producer: means one of the following designated by an insurer as the travel insurance supervising entity as provided in Subsection 31A-23a-905(4):
(7)(a) a licensed managing general agent or third party administrator; or(7)(b) a licensed insurance producer, including a limited lines producer. See Utah Code 31A-23a-902- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Loan-out corporation: means a corporation owned by one or more artists that provides services of the artists to a third party production company. See Utah Code 63N-8-102
- Local government: means a county or municipality. See Utah Code 63N-3-1201
- Local government: means the municipality in which the project area is located. See Utah Code 63N-3-1401
- Local government entity: means a county, city, or town. See Utah Code 63N-2-103
- Local portion: means the portion of new tax revenue that is generated by local taxes. See Utah Code 63N-2-502
- Local taxes: means a tax imposed under:
(18)(a) Section 59-12-204;(18)(b) Section 59-12-301;(18)(d) Subsection 59-12-603(1)(a); or(18)(e) Section 59-12-1102. See Utah Code 63N-2-502- 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- Major developer: means any developer whose proposed new or additional natural resource facility or industrial facility is projected:
(3)(a) To employ more than 500 people; or(3)(b) To cause the population of an affected unit of local government to increase by more than 5%, the increase to include the primary work force of the facility and their dependents and the work force and dependents attributable to commercial and public service employment created by the presence of the facility. See Utah Code 63M-5-103- Major professional sports league: means the National Basketball Association or the National Hockey League. See Utah Code 63N-3-1401
- Managing director: means the managing director of the Utah Office of Tourism. See Utah Code 63N-7-101
- Managing general agent: means a person that:
(6)(a)(i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office;(6)(a)(ii) acts as an agent for the insurer whether it is known as a managing general agent, manager, or other similar term;(6)(a)(iii) produces and underwrites an amount of gross direct written premium equal to, or more than, 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year:(6)(a)(iii)(A) with or without the authority;(6)(a)(iii)(B) separately or together with an affiliate; and(6)(a)(iii)(C) directly or indirectly; and(6)(a)(iv)(6)(a)(iv)(A) adjusts or pays claims in excess of an amount determined by the commissioner; or(6)(a)(iv)(B) negotiates reinsurance on behalf of the insurer. See Utah Code 31A-23a-102- Mandatory sanction: means a penalty, a civil disability, or a disadvantage that:
(10)(a) is imposed on an individual as a result of the individual's adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage; and(10)(b) is not included in the judgment for the adjudication or conviction. See Utah Code 63M-7-401.1- Master offense list: means a document that contains all offenses that exist in statute and each offense's associated penalty. See Utah Code 63M-7-401.1
- Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
- Member: means a member of the Utah Victim Services Commission. See Utah Code 63M-7-901
- Member: means an individual appointed to a committee. See Utah Code 63M-7-1001
- Mental health counseling: means outpatient and inpatient counseling necessitated as a result of criminally injurious conduct, is subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act. See Utah Code 63M-7-502
- Metropolitan planning organization: means the same as that term is defined in Section
Utah Code 63N-3-602 - Minerals: means all classes of inorganic material upon, within, or beneath the surface of public land, including silver, gold, copper, lead, zinc, uranium, gemstones, potash, gypsum, clay, salts, sand, rock, gravel, oil, oil shale, oil sands, gas, coal, and all carboniferous materials. See Utah Code 63L-8-102
- Mining company: means an entity whose primary business is the exploration for or extraction of minerals from the earth. See Utah Code 63N-4-402
- Mining services company: means an entity whose primary business is providing support services for a mining company, including drilling or geological modeling. See Utah Code 63N-4-402
- Minority leader: See Floor Leaders
- Misconduct: means conduct by the victim that was attributable to the injury or death of the victim as provided by rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502
- Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 63L-12-101
- 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.
- Motion picture company: means a company engaged in the production of:
(5)(a) motion pictures;(5)(b) television series; or(5)(c) made-for-television movies. See Utah Code 63N-8-102- Motion picture incentive: means either a cash rebate from the Motion Picture Incentive Account or a refundable tax credit under Section
Utah Code 63N-8-102 - Motor club: means a person:
(131)(a) licensed under:(131)(a)(i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;(131)(a)(ii) Chapter 11, Motor Clubs; or(131)(a)(iii) Chapter 14, Foreign Insurers; and(131)(b) that promises for an advance consideration to provide for a stated period of time one or more:(131)(b)(i) legal services under Subsection31A-11-102 (1)(b);(131)(b)(ii) bail services under Subsection31A-11-102 (1)(c); or(131)(b)(iii)(131)(b)(iii)(A) trip reimbursement;(131)(b)(iii)(B) towing services;(131)(b)(iii)(C) emergency road services;(131)(b)(iii)(D) stolen automobile services;(131)(b)(iii)(E) a combination of the services listed in Subsections (131)(b)(iii)(A) through (D); or(131)(b)(iii)(F) other services given in Subsections31A-11-102 (1)(b) through (f). See Utah Code 31A-1-301- Multiple use: means :
(9)(a) the management of the public land and the public land's various resource values so resources are best utilized in the combination that will meet the present and future needs of the citizens of Utah;(9)(b) making the most judicious use of land for some or all of the resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;(9)(c) a combination of balanced and diverse resource uses that take into account the long-term needs of future generations for renewable and nonrenewable resources, including recreation, hunting, fishing, trapping, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historic values; and(9)(d) harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources. See Utah Code 63L-8-102- Municipal applicant: means the governing authority of a city or town that meets the requirements for designation as an enterprise zone under Section 63N-2-204. See Utah Code 63N-2-202
- Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 63L-12-101
- Municipality: means the same as that term is defined in Section
10-1-104 . See Utah Code 63N-3-602- Natural asset company: includes a company that is substantially similar to a company described in Subsection (6)(a). See Utah Code 63L-13-101
- Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning a substantive benefit, term, or condition of the contract if the person engaged in that act:
(7)(a) sells insurance; or(7)(b) obtains insurance from insurers for purchasers. See Utah Code 31A-23a-102- New annual jobs: means the difference between:
(13)(a)(i)(13)(a)(i)(A) the monthly average of full-time employees that are paid a high wage at an eligible small business for the preceding calendar year; or(13)(a)(i)(B) if the preceding calendar year contains the initial growth investment, the monthly average of full-time employees that are paid a high wage at an eligible small business for the months including and after the initial growth investment and before the end of the preceding calendar year; and(13)(a)(ii) the number of full-time employees that are paid a high wage at the eligible small business on the date of the initial growth investment. See Utah Code 63N-4-302- New commercial project: means an economic development opportunity that:
(5)(a) involves a targeted industry;(5)(b) is located within:(5)(b)(i) a county of the third, fourth, fifth, or sixth class; or(5)(b)(ii) a municipality that has a population of 10,000 or less and the municipality is located within a county of the second class; or(5)(c) involves an economic development opportunity that the commission determines to be eligible for a tax credit under this part. See Utah Code 63N-2-103- New or newly affiliated title entity: means a title entity that:
(7)(a) is licensed as a title entity for the first time on or after May 14, 2019; or(7)(b)(7)(b)(i) is licensed as a title entity before May 14, 2019; and(7)(b)(ii) enters into an affiliated business arrangement for the first time on or after May 14, 2019. See Utah Code 31A-23a-1001- New state revenue: means :
(7)(a) incremental new state sales and use tax revenue generated as a result of a digital media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax Act;(7)(b) incremental new state tax revenue that a digital media company pays as a result of a digital media project under:(7)(b)(i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;(7)(b)(ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information;(7)(b)(iii) Title 59, Chapter 10, Part 2, Trusts and Estates;(7)(b)(iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or(7)(b)(v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);(7)(c) incremental new state revenue generated as individual income taxes under Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by employees of the new digital media project as evidenced by payroll records from the digital media company; or(7)(d) a combination of Subsections (7)(a), (b), and (c). See Utah Code 63N-8-102- New state revenue: means the state revenue collected from a business entity or a business entity's employees during a calendar year minus the baseline state revenue calculation. See Utah Code 63N-1a-102
- New tax revenue: means construction revenue, offsite revenue, and onsite revenue. See Utah Code 63N-2-502
- Noneconomic detriment: means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage, except as provided in this part. See Utah Code 63M-7-502
- Nongovernment organization victim advocate: means the same as that term is defined in Section
77-38-403 . See Utah Code 63M-7-502- Nonpublic restitution record: means a restitution record that contains a claimant's medical or mental health information. See Utah Code 63M-7-502
- 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.
- Offender: means an individual who has violated Title 76, Utah Criminal
Code, through criminally injurious conduct regardless of whether the individual is arrested, prosecuted, or convicted. See Utah Code 63M-7-502
- Offense: means a felony, a misdemeanor, an infraction, or an adjudication under the laws of this state, another state, or the United States. See Utah Code 63M-7-401.1
- Offense: means a violation of Title 76, Utah Criminal Code. See Utah Code 63M-7-502
- Offer and disseminate: means :
(8)(a) providing general information, including a description of the coverage and price;(8)(b) processing an application;(8)(c) collecting a premium; and(8)(d) performing activities that the state permits to be done by a person who is not licensed. See Utah Code 31A-23a-902- Office: means the Public Lands Policy Coordinating Office established in Section 63L-11-201. See Utah Code 63L-10-102
- Office: means the Public Lands Policy Coordinating Office created in Section 63L-11-201. See Utah Code 63L-11-102
- Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
- Offsite revenue: means revenue generated from state taxes and local taxes imposed on transactions by a third-party seller occurring other than on hotel property during the eligibility period, if:
(20)(a) the transaction is subject to a tax under Title 59, Chapter 12, Sales and Use Tax Act; and(20)(b) the third-party seller voluntarily consents to the disclosure of information to the office, as provided in Subsection 63N-2-505(2)(b)(i)(E). See Utah Code 63N-2-502- Onsite revenue: means revenue generated from state taxes and local taxes imposed on transactions occurring on hotel property during the eligibility period. See Utah Code 63N-2-502
- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Oversight: Committee review of the activities of a Federal agency or program.
- Participant: means the same as that term is defined in Section
17C-1-102 . See Utah Code 63N-3-602- Participation agreement: means the same as that term is defined in Section
17C-1-102 , except that the agency may not provide and the person may not receive a direct subsidy. See Utah Code 63N-3-602- 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.
- Payroll company: means a business entity that handles the payroll and becomes the employer of record for the staff, cast, and crew of a motion picture production. See Utah Code 63N-8-102
- Penalty: means an administrative, civil, or criminal sanction imposed to punish the individual for the individual's conviction or adjudication. See Utah Code 63M-7-401.1
- Perpetrator: means the individual who actually participated in the criminally injurious conduct. See Utah Code 63M-7-502
- 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: includes any individual, firm, co-partnership, joint venture, corporation, estate, trust, business trust, syndicate, or any group or combination acting as a unit. See Utah Code 63M-5-103
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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- Phase one investment authority: means investment authority the office grants a rural investment company based on an application submitted under Subsection 63N-4-303(1)(b)(i). See Utah Code 63N-4-302
- Phase two investment authority: means investment authority the office grants a rural investment company based on an application submitted under Subsection 63N-4-303(1)(b)(ii). See Utah Code 63N-4-302
- Pilot program: means the Strategic Innovation Grant Pilot Program created in Section 63N-3-902. See Utah Code 63N-3-901
- Pilot program: means the Innovation in Artificial Intelligence Grant Pilot Program created in Section
63N-3-1502 . See Utah Code 63N-3-1501- Plan: means the statewide resource management plan, created pursuant to Section 63L-11-203 and adopted in Section 63L-10-103. See Utah Code 63L-10-102
- 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- 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:
- 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- Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
- 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 63L-11-102- 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.
- 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.
- Principal business operations: means the location where at least 60% of a business's employees work or where employees that are paid at least 60% of a business's payroll work. See Utah Code 63N-4-302
- 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
- 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
- Producer: means the same as the term "person who is in a position to refer settlement service business" is defined in Utah Code 31A-23a-1001
- Producer for the insured: means a producer who:
(102)(c)(i)(A) is compensated directly and only by an insurance customer or an insured; and(102)(c)(i)(B) receives no compensation directly or indirectly from an insurer for selling, soliciting, or negotiating an insurance product of that insurer to an insurance customer or insured. See Utah Code 31A-1-301- Producer for the insurer: means a producer who is compensated directly or indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that insurer. See Utah Code 31A-1-301
- Program: means the Manufacturing Modernization Grant Program created in Section
63N-3-1102 . See Utah Code 63N-3-1101- program: means the Rural Development Program created in Section 63N-4-102. See Utah Code 63N-4-101
- Program: means the provisions of this part applicable to a rural investment company. See Utah Code 63N-4-302
- program: means the Rural Opportunity Program created in Section
63N-4-802 . See Utah Code 63N-4-801- Project area: means the area created and designated to receive funds and revenue according to the terms and requirements of this part. See Utah Code 63N-3-1401
- Project participant: means a person that is approved to participate in the use of public funds in a project area according to the procedures and requirements of this part. See Utah Code 63N-3-1401
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:
(160)(a)(i) from all hazards or causes; and(160)(a)(ii) against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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
- Public infrastructure: means :
(22)(a) water, sewer, storm drainage, electrical, telecommunications, and other similar systems and lines;(22)(b) streets, roads, curbs, gutters, sidewalks, walkways, parking facilities, and public transportation facilities; and(22)(c) other buildings, facilities, infrastructure, and improvements that benefit the public. See Utah Code 63N-2-502- Public land: means any land or land interest:
(10)(a) acquired by the state from the federal government pursuant to Section 63L-6-103, except:(10)(a)(i) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and(10)(a)(ii) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or(10)(b) for which the state is given management responsibility from the federal government. See Utah Code 63L-8-102- Public lands: means :
(4)(a) land other than a national park that is managed by the United States Parks Service;(4)(b) land that is managed by the United States Forest Service; and(4)(c) land that is managed by the Bureau of Land Management. See Utah Code 63L-10-102- Public restitution record: means a restitution record that does not contain a claimant's medical or mental health information. See Utah Code 63M-7-502
- Public transit county: means a county that has created a small public transit district. See Utah Code 63N-3-602
- Public transit hub: means a public transit depot or station where four or more routes serving separate parts of the county-created transit district stop to transfer riders between routes. See Utah Code 63N-3-602
- Qualified hotel: means a full-service hotel development constructed in the state on or after July 1, 2014 that:
(23)(a) requires a significant capital investment;(23)(b) includes at least 85 square feet of convention, exhibit, and meeting space per guest room; and(23)(c) is located within 1,000 feet of a convention center that contains at least 500,000 square feet of convention, exhibit, and meeting space. See Utah Code 63N-2-502- Qualified hotel owner: means a person who owns a qualified hotel. See Utah Code 63N-2-502
- Qualified project: means a project to build or improve one or more qualified assets for a rural community, including:
(7)(a) telecom and high-speed Internet infrastructure;(7)(b) power and energy infrastructure;(7)(c) water and sewerage infrastructure;(7)(d) healthcare infrastructure; or(7)(e) other infrastructure as defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63N-4-801- Qualified stadium: means a sports facility that:
(7)(a) provides seating for spectators in a number that is reasonably consistent with the capacity of other stadiums used by other teams in the major professional sports league;(7)(b) is located within the project area; and(7)(c)(7)(c)(i) is in active use as the home venue of a major professional sports league team; or(7)(c)(ii) in the case of a stadium that is proposed to be constructed or remodeled, will be the home venue of a major professional sports league. See Utah Code 63N-3-1401- Quorum: The number of legislators that must be present to do business.
- Rangeland: means open public land used for grazing domestic livestock. See Utah Code 63L-8-102
- Rape crisis and services center: means a nonprofit entity that assists victims of sexual assault and victims' families by offering sexual assault crisis intervention and counseling through a sexual assault counselor. See Utah Code 63M-7-502
- 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: 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- Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
(166)(a)(i) a refund of premium or portion of premium;(166)(a)(ii) a refund of commission or portion of commission;(166)(a)(iii) a refund of all or a portion of a consultant fee; or(166)(a)(iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301- Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 63M-7-101.5
- Recidivism standard metric: means the number of individuals who are returned to prison for a new conviction within the three years after the day on which the individuals were released from prison. See Utah Code 63M-7-101.5
- Refundable tax credit: means a refundable motion picture tax credit authorized under Section
63N-8-103 and claimed under SectionUtah Code 63N-8-102 - Refundable tax credit: means a tax credit that a claimant, estate, or trust may claim:
(6)(a) as provided by statute; and(6)(b) regardless of whether, for the taxable year for which the claimant, estate, or trust claims the tax credit, the claimant, estate, or trust has a tax liability under:(6)(b)(ii) Title 59, Chapter 10, Individual Income Tax Act. See Utah Code 63N-2-302- 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
- Reinsurance intermediary: means :
(8)(a) a reinsurance intermediary-broker; or(8)(b) a reinsurance intermediary-manager. See Utah Code 31A-23a-102 - Accomplice: means an individual who has engaged in criminal conduct as described in Section