Terms Used In Utah Code > Title 31A > Chapter 35 > Part 5 - Action Regarding a Certificate

• 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
• 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.
• 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
• 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.
• Bail bond: means a bail bond insurance product for a specified monetary amount that is:
       (1)(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
       (1)(b) issued to a court, magistrate, or authorized officer to secure:

            (1)(b)(i) the release of a person from incarceration; and

            (1)(b)(ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
• Bail bond agency: means any sole proprietor or entity that:
       (2)(a) is licensed under Subsection 31A-35-404(1) or (2);
       (2)(b)

            (2)(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;

            (2)(b)(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or

            (2)(b)(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
       (2)(c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
• Bail bond producer: means an individual who:
       (3)(a) is appointed by:

            (3)(a)(i) a surety insurer that sells bail bonds; or

            (3)(a)(ii) a bail bond agency licensed under this chapter;
       (3)(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
       (3)(c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
• Board of canvassers: means the state board of canvassers created in Section 20A-4-306. See Utah Code 67-1b-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• 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.
• Executive branch: means :
            (2)(a)(i) the governor, the governor's staff, and the governor's appointed advisors;
            (2)(a)(ii) the lieutenant governor and lieutenant governor's staff;
            (2)(a)(iii) cabinet level officials;
            (2)(a)(iv) except as provided in Subsection (2)(b), an agency, board, department, division, committee, commission, council, office, or other administrative subunit of the executive branch of state government;
            (2)(a)(v) except as provided in Subsection (2)(b), a cabinet officer, elected official, executive director, or board or commission vested with:

                 (2)(a)(v)(A) policy making and oversight responsibility for a state executive branch agency; or

                 (2)(a)(v)(B) authority to appoint and remove the director of a state executive branch agency;
            (2)(a)(vi) executive ministerial officers;
            (2)(a)(vii) each gubernatorial appointee to a state board, committee, commission, council, or authority;
            (2)(a)(viii) each executive branch management position, as defined in Section Utah Code 67-1b-102
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

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

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• 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
• Governor-elect: means , during a transition period, an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor, if that successful candidate is an individual other than the incumbent governor. See Utah Code 67-1b-102
• Incoming gubernatorial administration: means a governor-elect, a governor-elect's staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff. See Utah Code 67-1b-102
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• Lieutenant governor-elect: means , during a transition period, an individual whom the board of canvassers determines to be the successful candidate for lieutenant governor after a general election for the office of lieutenant governor, if that successful candidate is an individual other than the incumbent lieutenant governor. See Utah Code 67-1b-102
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• 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.
• 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
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• 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
• Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 67-1b-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
• Surety insurer: means an insurer that:
       (11)(a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
       (11)(b) receives a certificate under this title; and
       (11)(c) sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
• Transition period: means the period of time beginning the day after the meeting of the board of canvassers under Section 20A-4-306 in a year in which the board of canvassers determines that the successful candidate for governor is an individual other than the incumbent governor, and ending on the first Monday of the next January. See Utah Code 67-1b-102
• Writ: means an order or precept in writing, issued in the name of:
       (47)(a) the state;
       (47)(b) a court; or
       (47)(c) a judicial officer. See Utah Code 68-3-12.5
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• 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