Terms Used In Utah Code > Title 31A > Chapter 23a > Part 4 - Marketing Practices

• 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
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjudication: means an adjudication, as that term is defined in Section 80-1-102, of an offense under Section 80-6-701. See Utah Code 63M-7-401.1
• Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• 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
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advocacy services provider: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• 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
• 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.
• 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
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the 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
• 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.
• 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
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 63M-7-502
• 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 Subsections 31A-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
• 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
• 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
• Chair: means the chair of the authority. See Utah Code 63M-14-102
• 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
• 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
• 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
• 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
• Committee: means a victim rights committee established in each judicial district as described in Section 63M-7-1002. See Utah Code 63M-7-1001
• 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.
• 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
• consultant: means a person who:
       (99)(a) advises another person about insurance needs and coverages;
       (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
       (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
• Contract: A legal written agreement that becomes binding when signed.
• 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
• 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.
• 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 Section 63M-7-502;
            (3)(b)(ii) a prosecuting agency;
            (3)(b)(iii) the Department of Corrections created in Section 64-13-2; or
            (3)(b)(iv) the Board of Pardons and Parole created in Section 77-27-2. 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• 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
• Desistance: means an individual's abstinence from further criminal activity after a previous criminal conviction. See Utah Code 63M-7-101.5
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• Director: means the director of the office. See Utah Code 63M-7-502
• 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
• Economic loss: includes economic detriment even if caused by pain and suffering or physical impairment. See Utah Code 63M-7-502
• 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}
• 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
• Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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}
• Fiduciary: A trustee, executor, or administrator.
• 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
• 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.
• 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
• 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
• Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 63M-7-502
• 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.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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
• 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
• 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
• 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
• 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
• 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
• 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 :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• 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
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• 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
• 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
• 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

• 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
• 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.
• 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
• 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
• 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.
• 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.
• 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: 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 property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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:
• 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
• 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
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Quorum: The number of legislators that must be present to do business.
• 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
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
• Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
• Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502
• Replacement service loss: means expenses reasonably and necessarily incurred in obtaining ordinary and necessary services in lieu of those the injured individual would have performed, not for income but the benefit of the injured individual or the injured individual's dependents if the injured individual had not been injured. See Utah Code 63M-7-502
• Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502
• Representative of a victim: means the same as that term is defined in Section 77-38-2. See Utah Code 63M-7-1001
• Resident: is a s defined by rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-23a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 63M-7-502
• Restitution record: includes :
            (42)(b)(i) a notice of restitution;
            (42)(b)(ii) an itemized list of payments;
            (42)(b)(iii) an invoice, receipt, or bill submitted to the office for reimbursement; and
            (42)(b)(iv) any documentation that the office relies on to establish a nexus between an offender's criminally injurious conduct and a reparations award made by the office. See Utah Code 63M-7-502
• Restricted account: means the Colorado River Authority Restricted Account created in Section 63M-14-501. See Utah Code 63M-14-102
• River commissioner: means the person appointed under Section 63M-14-301. See Utah Code 63M-14-102
• Secondary victim: means an individual who is traumatically affected by the criminally injurious conduct subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• Sentencing commission: means the sentencing commission created in Section Utah Code 63M-7-401.1
• Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
• Service provider: means an individual or agency who provides a service to a claimant for a monetary fee, except attorneys as provided in Section 63M-7-524. See Utah Code 63M-7-502
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sexual assault: means any criminal conduct described in Title 76,

  Chapter 5, Part 4, Sexual Offenses. See Utah Code 63M-7-502

• Sexual assault counselor: means an individual who:
       (47)(a) is employed by or volunteers at a rape crisis and services center;
       (47)(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and
       (47)(c) is under the supervision of the director of a rape crisis and services center or the director's designee. See Utah Code 63M-7-502
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State domestic violence coalition: means the same as that term is defined in Utah Code 63M-7-901
• State sexual assault coalition: means the same as that term is defined in Utah Code 63M-7-901
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Strangulation: means any act involving the use of unlawful force or violence that:
       (48)(a) impedes breathing or the circulation of blood; and
       (48)(b) is likely to produce a loss of consciousness by:

            (48)(b)(i) applying pressure to the neck or throat of an individual; or

            (48)(b)(ii) obstructing the nose, mouth, or airway of an individual. See Utah Code 63M-7-502
• Substantial bodily injury: means the same as that term is defined in Section Utah Code 63M-7-502
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Terminate: means :
       (14)(a) the cancellation of the relationship between:

            (14)(a)(i) an individual licensee or agency licensee and a particular insurer; or

            (14)(a)(ii) an individual licensee and a particular agency licensee; or
       (14)(b) the termination of:

            (14)(b)(i) an individual licensee's or agency licensee's authority to transact insurance on behalf of a particular insurance company; or

            (14)(b)(ii) an individual licensee's authority to transact insurance on behalf of a particular agency licensee. See Utah Code 31A-23a-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
• Tribal coalition: means the same as that term is defined in Utah Code 63M-7-901
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Veteran: means an individual who:
            (44)(a)(i) has served in the United States Armed Forces for at least 180 days:

                 (44)(a)(i)(A) on active duty; or

                 (44)(a)(i)(B) in a reserve component, to include the National Guard; or
            (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
            (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
• Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
            (50)(a)(i) criminally injurious conduct; or
            (50)(a)(ii) the production of pornography in violation of Section 76-5b-201 or Utah Code 63M-7-502
• Victim: means an individual against whom criminal conduct has allegedly been committed. See Utah Code 63M-7-1001
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Victim Services Commission: means the Utah Victim Services Commission established in Section 63M-7-902. See Utah Code 63M-7-1001
• Victim Services Restricted Account: means the account created in Section 63M-7-219. See Utah Code 63M-7-901
• Work loss: means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income, reduced by any income from substitute work the injured victim was capable of performing but unreasonably failed to undertake. See Utah Code 63M-7-502
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5