Terms Used In Utah Code > Title 31A > Chapter 27a - Insurer Receivership Act

• 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
• 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
• Admitted assets: is a s defined by and is measured in accordance with the National Association of Insurance Commissioner's Statements of Statutory Accounting Principles, as incorporated in this state by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the purposes of Subsection 31A-4-113(1)(b)(ii). See Utah Code 31A-27a-102
• Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-102
• 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: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• alien insurer: means an insurer incorporated or organized under the laws of a jurisdiction that is not a state. See Utah Code 31A-27a-102
• Allegation: something that someone says happened.
• Alternative treatment program: means :
       (1)(a) an evidence-based cognitive behavioral therapy program; or
       (1)(b) a certificate-based program provided by:

            (1)(b)(i) an institution of higher education described in Subsection 53B-1-102(1)(b); or

            (1)(b)(ii) a degree-granting institution acting in the degree-granting institution's technical education role described in Section 53B-2a-201. See Utah Code 64-13e-102
• 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.
• 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
• 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
• articles of incorporation: means :
       (11)(a) the original articles;
       (11)(b) a special law;
       (11)(c) a charter;
       (11)(d) an amendment;
       (11)(e) restated articles;
       (11)(f) articles of merger or consolidation;
       (11)(g) a trust instrument;
       (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
       (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
• 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.
• 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.
• Average daily population: means the average daily number of individuals on parole or felony probation in the region during the applicable fiscal year. See Utah Code 64-13g-101
• 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.
• 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 probation employment rate: means the average of the probation employment rates for fiscal years 2023, 2024, and 2025. See Utah Code 64-13g-101
• 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.
• Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
• Board: means the Board of Pardons and Parole. See Utah Code 64-13e-102
• board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
• Book: means a financial record of the county, regardless of a record's format. See Utah Code 17-19a-102
• business of insurance: includes any of the following acts, whether effected by mail, electronic means, or otherwise:
       (11)(a) issuing or delivering a contract, certificate, or binder relating to insurance or annuities:

            (11)(a)(i) to a person who is resident in this state; or

            (11)(a)(ii) covering a risk located in this state;
       (11)(b) soliciting an application for the contract, certificate, or binder described in Subsection (11)(a);
       (11)(c) negotiating preliminary to the execution of the contract, certificate, or binder described in Subsection (11)(a);
       (11)(d) collecting premiums, membership fees, assessments, or other consideration for the contract, certificate, or binder described in Subsection (11)(a);
       (11)(e) transacting matters:

            (11)(e)(i) subsequent to execution of the contract, certificate, or binder described in Subsection (11)(a); and

            (11)(e)(ii) arising out of the contract, certificate, or binder described in Subsection (11)(a);
       (11)(f) operating as an insurer under a license or certificate of authority issued by the department; or
       (11)(g) engaging in an act identified in Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups. See Utah Code 31A-27a-102
• Cap: means no more than 20% above the community supervision percentage multiplied by the community correctional center projection. See Utah Code 64-13f-102
• Case action plan: means a document developed by the Department of Corrections that identifies:
       (2)(a) the program priorities for the treatment of the offender, including the criminal risk factors as determined by risk, needs, and responsivity assessments conducted by the department; and
       (2)(b) clearly defined completion requirements. See Utah Code 64-13-1
• 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
• Chambers: A judge's office.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the State Commission on Criminal and Juvenile Justice, created in Section 63M-7-201. See Utah Code 64-13e-102
• Commission: means the Utah Electronic Recording Commission established in Section 17-21a-302. See Utah Code 17-21a-102
• Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
• Commodity contract: means :
       (7)(a) a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of:

            (7)(a)(i) a board of trade or contract market under the Commodity Exchange Act, Utah Code 31A-27a-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community correctional center: means a nonsecure correctional facility operated by the department, but does not include a behavioral health transition facility for the purposes of Section 64-13f-103. See Utah Code 64-13-1
• Community correctional center: means the same as that term is defined in Section 64-13-1. See Utah Code 64-13f-102
• Community supervision percentage: means the percentage calculated by dividing the total number of offenders supervised in the community by the department in each county or county zone by the total number of offenders supervised in the community by the department. See Utah Code 64-13f-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Condition of probation day: includes a day spent by a state probationary inmate in a county correctional facility:
            (4)(b)(i) after the date of sentencing;
            (4)(b)(ii) before the date of sentencing, if a court orders that the state probationary inmate shall receive credit for time served in a county correctional facility before the date of sentencing;
            (4)(b)(iii) as a condition of an original order of probation; and
            (4)(b)(iv) as a condition of a new order of probation after a prior revocation of probation. See Utah Code 64-13e-102
• consultant: means a person who:
       (99)(a) advises another person about insurance needs and coverages;
       (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
       (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means a private entity seeking to contract with or currently contracting with the department to establish or operate a private correctional facility. See Utah Code 64-13d-102
• Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: 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
• Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:
       (4)(a) by the department; or
       (4)(b) under a contract with the department. See Utah Code 64-13-1
• Correctional services: means those services necessary for the operation of a correctional facility, including the provision of food, clothing, security, programs, and health care. See Utah Code 64-13d-102
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County auditor: includes a person given the title of county controller under Subsection 17-19a-202(6). See Utah Code 17-19a-102
• County executive: means the elected chief executive officer of a county. See Utah Code 17-19a-102
• County zone: means the eastern zone, northern zone, or western zone. See Utah Code 64-13f-102
• creditor: means a person having a claim against an insurer whether the claim is:
       (5)(a) matured or not matured;
       (5)(b) liquidated or unliquidated;
       (5)(c) secured or unsecured;
       (5)(d) absolute; or
       (5)(e) fixed or contingent. See Utah Code 31A-27a-102
• 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
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delinquency proceeding: means a:
       (9)(a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and
       (9)(b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102
• Department: means the Department of Corrections. See Utah Code 64-13-1
• Department: means the Department of Corrections, created in Section 64-13-2. See Utah Code 64-13e-102
• Department: means the Department of Corrections. See Utah Code 64-13f-102
• Department: means the Department of Corrections. See Utah Code 64-13g-101
• Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102
• Devise: To gift property by will.
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• 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
• Disability income insurance: means the same as that term is defined in Subsection (89). See Utah Code 31A-1-301
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
• division: means the Division of Correctional Industries. See Utah Code 64-13a-3
• Division: means the Division of Finance, created in Section 63A-3-101. See Utah Code 64-13e-102
• Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 65A-1-1 v2
• Docket: A log containing brief entries of court proceedings.
• Document: means information that is:
       (2)(a) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
       (2)(b) eligible to be recorded in the land records maintained by the county recorder. See Utah Code 17-21a-102
• Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
• domiciliary state: means the state in which an insurer is incorporated or organized, except that "domiciliary state" means:
       (12)(a) in the case of an alien insurer, its state of entry; or
       (12)(b) in the case of a risk retention group, the state in which the risk retention group is chartered as contemplated in the Liability Risk Retention Act, Utah Code 31A-27a-102
• Donor: The person who makes a gift.
• Eastern zone: means , except as provided in Subsection (7)(b), Carbon, Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties. See Utah Code 64-13f-102
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Utah Code 17-21a-102
• Eligible employment: means an occupation, or combined occupations, that:
       (5)(a) consist of at least 130 hours in a 30-day period; and
       (5)(b) are verified via paystubs, employment letters, contracts, or other reliable methods, as determined by the department. See Utah Code 64-13g-101
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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
• Enrollee: includes an insured. See Utah Code 31A-1-301
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 64-13-1
• Evidence-based: means a supervision policy, procedure, program, or practice demonstrated by scientific research to reduce recidivism of individuals on parole or felony probation. See Utah Code 64-13g-101
• Evidence-informed: means a program or practice that is based on research and the experience and expertise of the department. See Utah Code 64-13-1
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(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 executive branch of government. See Utah Code 17-50-101
• Executive director: means the executive director of the Department of Corrections. See Utah Code 64-13-1
• Facility: means a private correctional facility established or operated under a contract with the department. See Utah Code 64-13d-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.
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fiduciary: A trustee, executor, or administrator.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• foreign insurer: means an insurer domiciled in another state. See Utah Code 31A-27a-102
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Form: means one of the following prepared for general use:
            (74)(a)(i) a policy;
            (74)(a)(ii) a certificate;
            (74)(a)(iii) an application;
            (74)(a)(iv) an outline of coverage; or
            (74)(a)(v) an endorsement. See Utah Code 31A-1-301
• Formal delinquency proceeding: means a rehabilitation or liquidation proceeding. See Utah Code 31A-27a-102
• Forward contract: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
• Fraud: Intentional deception resulting in injury to another.
• 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
• General assets: includes the property of the estate or its proceeds in excess of the amount necessary to discharge a claim described in Subsection (18)(a). See Utah Code 31A-27a-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact and intention, and in regard to Part 5, Asset Recovery, also requires the absence of:
       (19)(a) information that would lead a reasonable person in the same position to know that the insurer is financially impaired or insolvent; and
       (19)(b) knowledge regarding the imminence or pendency of a delinquency proceeding against the insurer. See Utah Code 31A-27a-102
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guaranty association: means :
       (20)(a) a mechanism mandated by Chapter 28, Guaranty Associations; or
       (20)(b) a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-102
• 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
• 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
• Impaired: means that an insurer:
       (21)(a) does not have admitted assets at least equal to the sum of:

            (21)(a)(i) all its liabilities; and

            (21)(a)(ii) the minimum surplus required to be maintained by Section 31A-5-211 or 31A-8-209; or
       (21)(b) has a total adjusted capital that is less than its authorized control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
• Individual: means a natural person. See Utah Code 31A-1-301
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inmate: means an individual who is:
       (12)(a) committed to the custody of the department; and
       (12)(b) housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1
• insolvent: means that an insurer:
       (22)(a) is unable to pay its obligations when they are due;
       (22)(b) does not have admitted assets at least equal to all of its liabilities; or
       (22)(c) has a total adjusted capital that is less than its mandatory control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• insurance company: means a person doing an insurance business as a principal including:
            (104)(a)(i) a fraternal benefit society;
            (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
            (104)(a)(iii) a motor club;
            (104)(a)(iv) an employee welfare plan;
            (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
            (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• insurer: means a person who:
       (23)(a) is doing, has done, purports to do, or is licensed to do the business of insurance;
       (23)(b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or
       (23)(c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interinsurance exchange: means the same as that term is defined in Subsection (168). See Utah Code 31A-1-301
• 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.
• 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
• 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}
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Liabilities: is a s defined by and is measured in accordance with the National Association of Insurance Commissioner's Statements of Statutory Accounting Principles, as incorporated in this state by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the purposes of Subsection 31A-4-113(1)(b)(ii). See Utah Code 31A-27a-102
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Man: means an adult human male. See Utah Code 68-3-12.5
• Managed care organization: means a person:
       (122)(a) licensed as a health maintenance organization under Chapter 8, Health Maintenance Organizations and Limited Health Plans; or
       (122)(b)

            (122)(b)(i) licensed under:

                 (122)(b)(i)(A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;

                 (122)(b)(i)(B) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (122)(b)(i)(C) Chapter 14, Foreign Insurers; and

            (122)(b)(ii) that requires an enrollee to use, or offers incentives, including financial incentives, for an enrollee to use, network providers. See Utah Code 31A-1-301
• Marginal cost of incarceration: means the total costs of incarceration, per inmate, that fluctuate based on inmate population. See Utah Code 64-13g-101
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Municipality: means a city or town. See Utah Code 65A-1-1
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• Netting agreement: includes :
            (25)(c)(i) a term or condition incorporated by reference in the contract or agreement described in Subsection (25)(a); or
            (25)(c)(ii) a master agreement described in Subsection (25)(a). See Utah Code 31A-27a-102
• New value: means :
            (26)(a)(i) money;
            (26)(a)(ii) money's worth in goods, services, or new credit; or
            (26)(a)(iii) release by a transferee of property previously transferred to the transferee in a transaction that is neither void nor voidable by the insurer or the receiver under applicable law, including proceeds of the property. See Utah Code 31A-27a-102
• Northern zone: means , except as provided in Subsection (8)(b), Box Elder, Cache, Morgan, Rich, Summit, and Wasatch counties. See Utah Code 64-13f-102
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
       (13)(a) committed to the custody of the department;
       (13)(b) on probation; or
       (13)(c) on parole. See Utah Code 64-13-1
• Offender: means the same as that term is defined in Section 64-13-1. See Utah Code 64-13f-102
• Office: means the Governor's Office of Planning and Budget. See Utah Code 64-13g-101
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Parole employment rate: means the percentage of individuals on parole who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year. See Utah Code 64-13g-101
• Parole hold day: means a day spent in a county correctional facility by a state parole inmate under Subsection 64-13-29(3) based on a suspected violation of the state parole inmate's terms of parole. See Utah Code 64-13e-102
• Parole sanction day: includes not more than three consecutive days and not more than a total of five days within a period of 30 days for each sanction. See Utah Code 64-13e-102
• Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party in interest: means :
       (27)(a) the commissioner;
       (27)(b) a nondomiciliary commissioner in whose state the insurer has outstanding claims liabilities;
       (27)(c) an affected guaranty association; and
       (27)(d) the following parties if the party files a request with the receivership court for inclusion as a party in interest and to be on the service list:

            (27)(d)(i) an insurer that ceded to or assumed business from the insurer;

            (27)(d)(ii) a policyholder;

            (27)(d)(iii) a third party claimant;

            (27)(d)(iv) a creditor;

            (27)(d)(v) a 10% or greater equity security holder in the insolvent insurer; and

            (27)(d)(vi) a person, including an indenture trustee, with a financial or regulatory interest in the delinquency proceeding. See Utah Code 31A-27a-102
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 17-21a-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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.
• Policy: includes all clauses, riders, endorsements, and papers that are a part of a policy. See Utah Code 31A-27a-102
• Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
• 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.
• Preference: means a transfer of property of an insurer to or for the benefit of a creditor:
       (29)(a) for or on account of an antecedent debt, made or allowed by the insurer within one year before the day on which a successful petition for rehabilitation or liquidation is filed under this chapter;
       (29)(b) the effect of which transfer may enable the creditor to obtain a greater percentage of the creditor's debt than another creditor of the same class would receive; and
       (29)(c) if a liquidation order is entered while the insurer is already subject to a rehabilitation order and the transfer otherwise qualifies, that is made or allowed within the shorter of:

            (29)(c)(i) one year before the day on which a successful petition for rehabilitation is filed; or

            (29)(c)(ii) two years before the day on which a successful petition for liquidation is filed. See Utah Code 31A-27a-102
• 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.
• Probation employment rate: means the percentage of individuals on felony probation who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year. See Utah Code 64-13g-101
• Probation sanction day: includes not more than three consecutive days and not more than a total of five days within a period of 30 days for each sanction. See Utah Code 64-13e-102
• 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
• Program: means the Adult Probation and Parole Employment Incentive Program, created in Section 64-13g-102. See Utah Code 64-13g-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• property of the estate: includes :
       (30)(a) a right, title, or interest of the insurer in property:

            (30)(a)(i) whether:

                 (30)(a)(i)(A) legal or equitable;

                 (30)(a)(i)(B) tangible or intangible; or

                 (30)(a)(i)(C) choate or inchoate; and

            (30)(a)(ii) including choses in action, contract rights, and any other interest recognized under the laws of this state;
       (30)(b) entitlements that exist before the entry of an order of rehabilitation or liquidation;
       (30)(c) entitlements that may arise by operation of this chapter or other provisions of law allowing the receiver to avoid prior transfers or assert other rights; and
       (30)(d)

            (30)(d)(i) records or data that is otherwise the property of the insurer; and

            (30)(d)(ii) records or data similar to those described in Subsection (30)(d)(i) that are within the possession, custody, or control of a managing general agent, a third party administrator, a management company, a data processing company, an accountant, an attorney, an affiliate, or other person. See Utah Code 31A-27a-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• qualified financial contract: means any of the following:
       (31)(a) a commodity contract;
       (31)(b) a forward contract;
       (31)(c) a repurchase agreement;
       (31)(d) a securities contract;
       (31)(e) a swap agreement; or
       (31)(f) a similar agreement that the commissioner determines by rule or order to be a qualified financial contract for purposes of this chapter. See Utah Code 31A-27a-102
• Quorum: The number of legislators that must be present to do business.
• 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
• receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
• receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
• receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
• Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 64-13-1
• Record: when used as a noun, means information or data, in whatever form maintained, including:
       (36)(a) a book;
       (36)(b) a document;
       (36)(c) a paper;
       (36)(d) a file;
       (36)(e) an application file;
       (36)(f) a policyholder list;
       (36)(g) policy information;
       (36)(h) a claim or claim file;
       (36)(i) an account;
       (36)(j) a voucher;
       (36)(k) a litigation file;
       (36)(l) a premium record;
       (36)(m) a rate book;
       (36)(n) an underwriting manual;
       (36)(o) a personnel record;
       (36)(p) a financial record; or
       (36)(q) other material. See Utah Code 31A-27a-102
• Region: means one of the geographic regions into which the Department of Corrections has divided the state for purposes of supervising adult probation and parole. See Utah Code 64-13g-101
• Reinsurance: means a transaction or contract under which an assuming insurer agrees to indemnify a ceding insurer against all, or a part, of a loss that the ceding insurer may sustain under the one or more policies that the ceding insurer issues or will issue. See Utah Code 31A-27a-102
• Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. 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.
• Repurchase agreement: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted account: means the Employment Incentive Restricted Account created in Section 64-13g-103. See Utah Code 64-13g-101
• Secured claim: means , subject to Subsection (39)(b):
            (39)(a)(i) a claim secured by an asset that is not a general asset; or
            (39)(a)(ii) the right to set off as provided in Section 31A-27a-510. See Utah Code 31A-27a-102
• Securities contract: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
• 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
• Sell: means to exchange a contract of insurance:
       (179)(a) by any means;
       (179)(b) for money or its equivalent; and
       (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
• Serious illness: means , as determined by the inmate's physician, an illness that substantially impairs the inmate's quality of life. See Utah Code 64-13-1
• Serious injury: means , as determined by the inmate's physician, bodily injury that involves a substantial risk of death, prolonged unconsciousness, prolonged and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 64-13-1
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1
• Special deposit: means a deposit established pursuant to statute for the security or benefit of a limited class or classes of persons. See Utah Code 31A-27a-102
• special deposit claim: means a claim secured by a special deposit. See Utah Code 31A-27a-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 17-21a-102
• State: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
• 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 daily incarceration rate: means the average daily incarceration rate, calculated by the department based on the previous three fiscal years, that reflects the following expenses incurred by the department for housing an inmate:
       (11)(a) executive overhead;
       (11)(b) administrative overhead;
       (11)(c) transportation overhead;
       (11)(d) division overhead; and
       (11)(e) motor pool expenses. See Utah Code 64-13e-102
• State inmate: means an individual, other than a state probationary inmate or state parole inmate, who is committed to the custody of the department. See Utah Code 64-13e-102
• State lands: means all lands administered by the division. See Utah Code 65A-1-1
• State parole inmate: means an individual who is:
       (13)(a) on parole, as defined in Section 77-27-1; and
       (13)(b) housed in a county correctional facility for a reason related to the individual's parole. See Utah Code 64-13e-102
• State probationary inmate: means a felony probationer sentenced to time in a county correctional facility under Subsection 77-18-105(6). See Utah Code 64-13e-102
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
• Summons: Another word for subpoena used by the criminal justice system.
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Sustained yield: means the achievement and maintenance of high level annual or periodic output of the various renewable resources of land without impairment of the productivity of the land. See Utah Code 65A-1-1
• Swap agreement: is a s defined in the Federal Deposit Insurance Act, Utah Code 31A-27a-102
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• 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
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
       (189)(a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
       (189)(b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer: includes the sale and every other and different mode of disposing of or parting with property or with an interest in property, whether:
            (46)(a)(i) directly or indirectly;
            (46)(a)(ii) absolutely or conditionally;
            (46)(a)(iii) voluntarily or involuntarily; or
            (46)(a)(iv) by or without judicial proceedings. See Utah Code 31A-27a-102
• Treatment program: means :
       (15)(a) an alcohol treatment program;
       (15)(b) a substance abuse treatment program;
       (15)(c) a sex offender treatment program; or
       (15)(d) an alternative treatment program. See Utah Code 64-13e-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
• unauthorized insurer: means an insurer transacting the business of insurance in this state that has not received a certificate of authority from this state, or some other type of authority that allows for the transaction of the business of insurance in this state. See Utah Code 31A-27a-102
• under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Western zone: means , except as provided in Subsection (10)(b), Beaver, Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, Washington, and Wayne counties. See Utah Code 64-13f-102
• Wildland: means an area where:
       (9)(a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and
       (9)(b) structures, if any, are widely scattered. See Utah Code 65A-1-1
• Wildland fire: means a fire that consumes:
       (10)(a) wildland; or
       (10)(b) wildland-urban interface, as defined in Section 65A-8a-102. See Utah Code 65A-1-1
• Woman: means an adult human female. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5