Utah Code > Title 31A > Chapter 9 – Insurance Fraternals

		Sections
Part 1	General Provisions	31A-9-101 – 31A-9-106
Part 2	Organization of Fraternals	31A-9-201 – 31A-9-213
Part 3	Securities of Fraternals	31A-9-301 – 31A-9-303
Part 4	Management of Fraternals	31A-9-401 – 31A-9-414
Part 5	Corporate Reorganization	31A-9-501 – 31A-9-504
Part 6	Miscellaneous Provisions	31A-9-601 – 31A-9-604

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Terms Used In Utah Code > Title 31A > Chapter 9 - Insurance Fraternals

Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
Abuse: means :
     (1)(a) an action or practice that:
          (1)(a)(i) is inconsistent with sound fiscal, business, or medical practices; and
          (1)(a)(ii) results, or may result, in unnecessary Medicaid related costs; or
     (1)(b) reckless or negligent upcoding. See Utah Code 63A-13-102
accounting system: means :
(1) a system that integrates into the state's general ledger accounting system;
(2) a system used to summarize information that is manually entered into the state's general ledger accounting system;
(3) a system used to collect and maintain:
(3)(a) detailed financial information on each individual transaction or event; or
(3)(b) information used to present the funds and activities of the state;
(4) a system used to determine and demonstrate financial compliance with legal, federal, audit, and contractual provisions; or
(5) a system similar to a system described in Subsections (1) through (4). See Utah Code 63A-3-202.1
Accounts receivable: includes :
          (1)(b)(i) unpaid fees, licenses, taxes, loans, overpayments, fines, forfeitures, surcharges, costs, contracts, interest, penalties, third-party claims, sale of goods, sale of services, claims, and damages;
          (1)(b)(ii) a civil accounts receivable; and
          (1)(b)(iii) a civil judgment of restitution. See Utah Code 63A-3-501
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult: means an individual who is 18 years old or older. See Utah Code 31A-1-301
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Advisory council: means the Educational Interpretation and Translation Services Procurement Advisory Council established in Section 63A-2-502. See Utah Code 63A-2-501
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.
Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
Agency: includes the State Board of Education and each higher education institution described in Section 53B-1-102. See Utah Code 63A-9-101
Agency optional term: means an option that is exclusively exercisable by a leasing agency to extend the lease term. See Utah Code 63A-5b-801
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amendment: means an endorsement to an insurance policy or certificate. 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.
Applicant: means a person who submits a timely, qualified proposal to the division. See Utah Code 63A-5b-901
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
Appraisal: A determination of property value.
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.
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}
board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
Borrower: means a person who borrows money from an infrastructure fund for an infrastructure project. See Utah Code 63A-3-401.5
Capital development project: means :
          (1)(a)(i) a remodeling or site or utility improvement project with a total cost of $3,500,000 or more;
          (1)(a)(ii) a new facility with a construction cost of $500,000 or more; or
          (1)(a)(iii) a purchase of real property if an appropriation is requested and made for the purchase. See Utah Code 63A-5b-401
Capital improvement project: means :
     (2)(a) a remodeling, alteration, replacement, repair, or site or utility improvement project:
          (2)(a)(i) with a total cost of less than $3,500,000; or
          (2)(a)(ii)
               (2)(a)(ii)(A) with a total cost of $3,500,000 or more; and
               (2)(a)(ii)(B) that will be paid for with funds that are not state funds;
     (2)(b) a utility infrastructure improvement project that:
          (2)(b)(i) has a total cost of less than $7,000,000;
          (2)(b)(ii) consists of two or more projects that, if done separately, would each cost less than $3,500,000; and
          (2)(b)(iii) the division determines is more cost effective or feasible to be completed as a single project; or
     (2)(c) a new facility with a total construction cost of less than $500,000. See Utah Code 63A-5b-401
Capitol hill: means the same as that term is defined in Section 63O-1-101. See Utah Code 63A-5b-102
Captive insurance company: means the same as that term is defined in Section 31A-37-102. See Utah Code 63A-4-101.1
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
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 63A-3-501
Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 63A-3-501
Claimant: means a person that:
(2)(a) provides a service; and
(2)(b) submits a claim for Medicaid reimbursement for the service. See Utah Code 63A-13-102
Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
commissioner of insurance: means Utah's insurance commissioner. See Utah Code 31A-1-301
Committee: means the Motor Vehicle Review Committee created by this chapter. See Utah Code 63A-9-101
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.
Complainant: means an individual who files a complaint under Subsection 63A-14-402(1)(a). See Utah Code 63A-14-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Compliance agency: means the same as that term is defined in Section 15A-1-202. See Utah Code 63A-5b-102
Condemnee: means the same as that term is defined in Section Utah Code 63A-5b-901
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contract: means a contract entered into by the division for interpretation or translation services in accordance with Section 63A-2-502. See Utah Code 63A-2-501
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
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Covered entity: means a participating entity of:
(2)(a) the Risk Management Fund; or
(2)(b) any captive insurance company created by the risk manager. See Utah Code 63A-4-101.1
Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 63A-3-501
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Debtor: means a party that owes, or is alleged to owe, an account receivable. See Utah Code 63A-3-301
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Government Operations. See Utah Code 63A-1-103
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 63A-13-102
Dependent: A person dependent for support upon another.
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102
Director: means the director of the division. See Utah Code 63A-9-101
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Division of Purchasing and General Services created under Section 63A-2-101. See Utah Code 63A-2-101.5
Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
Division: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
Division: means the Division of Integrated Healthcare, created in Section 26B-3-102. See Utah Code 63A-13-102
Division: means the Division of Finance, created in Section 63A-3-101. See Utah Code 63A-3-301
Division: means the Division of Fleet Operations created by this chapter. See Utah Code 63A-9-101
Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
Docket: A log containing brief entries of court proceedings.
Donor: The person who makes a gift.
Energy efficiency measure: means an action taken or initiated by an agency that:
(1)(a) reduces the agency's energy or fuel use or resource energy consumption, water or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water, or other resource; or
(1)(b) increases the agency's energy or fuel efficiency or resource consumption efficiency. See Utah Code 63A-5b-1001
Energy efficiency program: means a program established under Section 63A-5b-1002 for the purpose of improving energy efficiency measures and reducing the energy costs for state facilities. See Utah Code 63A-5b-1001
Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
Entity: means an individual, a corporation, partnership, or other organization that pays taxes to, or does business, with the state. See Utah Code 63A-3-501
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.
Executive branch agency: includes a state agency, as defined in Subsection 67-1-17(1)(d). See Utah Code 63A-12-100.5
Executive branch elected official: means :
     (3)(a) the governor;
     (3)(b) the lieutenant governor;
     (3)(c) the state auditor;
     (3)(d) the state treasurer; or
     (3)(e) the attorney general. See Utah Code 63A-14-102
Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-9-101
Extrapolation: means a method of using a mathematical formula that takes the audit results from a small sample of Medicaid claims and projects those results over a much larger group of Medicaid claims. See Utah Code 63A-13-102
Facility: means any building, structure, or other improvement that is constructed:
(1)(a)(i) on property that the state or any of the state's departments, commissions, institutions, or agencies owns; or
(1)(a)(ii) by the state or any of the state's departments, commissions, institutions, or agencies on property that the state does not own. See Utah Code 63A-5b-601
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
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.
Fairpark district development fund: means the infrastructure fund created in Subsection 63A-3-402(1)(c). See Utah Code 63A-3-401.5
Federal surplus property: means surplus property of the federal government of the United States. See Utah Code 63A-2-101.5
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.
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.
Fraud: means an intentional or knowing:
(6)(a) deception, misrepresentation, or upcoding in relation to Medicaid funds, costs, a claim, reimbursement, or services; or
(6)(b) violation of a provision of Sections 26B-3-1102 through 26B-3-1106. See Utah Code 63A-13-102
Fraud unit: means the Medicaid Fraud Control Unit of the attorney general's office. See Utah Code 63A-13-102
Fund: means the State Facility Energy Efficiency Fund created in Section 63A-5b-1003. See Utah Code 63A-5b-1001
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.
Grantor: The person who establishes a trust and places property into it.
Health care professional: means a person licensed under:
     (8)(a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
     (8)(b) Title 58, Chapter 16a, Utah Optometry Practice Act;
     (8)(c) Title 58, Chapter 17b, Pharmacy Practice Act;
     (8)(d) Title 58, Chapter 24b, Physical Therapy Practice Act;
     (8)(e) Title 58, Chapter 31b, Nurse Practice Act;
     (8)(f) Title 58, Chapter 40, Recreational Therapy Practice Act;
     (8)(g) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
     (8)(h) Title 58, Chapter 42a, Occupational Therapy Practice Act;
     (8)(i) Title 58, Chapter 44a, Nurse Midwife Practice Act;
     (8)(j) Title 58, Chapter 49, Dietitian Certification Act;
     (8)(k) Title 58, Chapter 60, Mental Health Professional Practice Act;
     (8)(l) Title 58, Chapter 67, Utah Medical Practice Act;
     (8)(m) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
     (8)(n) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
     (8)(o) Title 58, Chapter 70a, Utah Physician Assistant Act; and
     (8)(p) Title 58, Chapter 73, Chiropractic Physician Practice Act. See Utah Code 63A-13-102
High-cost lease: means a real property lease that:
(2)(a) has an initial term including any agency optional term of 10 years or more; or
(2)(b) will require lease payments of more than $5,000,000 over the term of the lease, including any agency optional term. See Utah Code 63A-5b-801
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
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Improper purpose: includes harassing a respondent, causing unwarranted harm to a respondent's reputation, or causing unnecessary expenditure of public funds. See Utah Code 63A-14-102
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}
Independent political subdivision: means :
     (3)(a) the Utah Inland Port Authority created in Section 11-58-201;
     (3)(b) the Point of the Mountain State Land Authority created in Section 11-59-201;
     (3)(c) the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201; or
     (3)(d) the Military Installation Development Authority created in Section 63H-1-201. See Utah Code 63A-3-401.5
Information technology equipment: means equipment capable of downloading, accessing, manipulating, storing, or transferring electronic data, including:
     (3)(a) a computer;
     (3)(b) a smart phone, electronic tablet, personal digital assistant, or other portable electronic device;
     (3)(c) a digital copier or multifunction printer;
     (3)(d) a flash drive or other portable electronic data storage device;
     (3)(e) a server; and
     (3)(f) any other similar device. See Utah Code 63A-2-101.5
Infrastructure fund: means a fund created in Subsection 63A-3-402(1). See Utah Code 63A-3-401.5
Infrastructure loan: means a loan of infrastructure fund money to finance an infrastructure project. See Utah Code 63A-3-401.5
Infrastructure project: means a project to acquire, construct, reconstruct, rehabilitate, equip, or improve public infrastructure and improvements:
(6)(a) within a project area; or
(6)(b) outside a project area, if the respective loan approval body determines by resolution that the public infrastructure and improvements are of benefit to the project area. See Utah Code 63A-3-401.5
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inland port: means the same as that term is defined in Section 11-58-102. See Utah Code 63A-3-401.5
Inland port fund: means the infrastructure fund created in Subsection 63A-3-402(1)(a). See Utah Code 63A-3-401.5
insolvent: means that:
     (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
     (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
     (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
Inspector general: means the inspector general of the office, appointed under Section 63A-13-201. See Utah Code 63A-13-102
Institution of higher education: means an institution listed in Subsection 53B-2-101(1). See Utah Code 63A-5b-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
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
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
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
Laws of a fraternal: include its articles of incorporation and bylaws, however designated. See Utah Code 31A-9-101
LEA: means the same as that term is defined in Section 53E-1-102. See Utah Code 63A-2-501
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}
Leasing agency: means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 63A-5b-801
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
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
Lien: A claim against real or personal property in satisfaction of a debt.
Lien: means the lien described in Section 63A-3-307. See Utah Code 63A-3-301
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local agency: means a nonprofit entity organized by participating political subdivisions to act on behalf of the participating political subdivisions with respect to the office's efforts to collect accounts receivable of participating political subdivisions through administrative offsets. See Utah Code 63A-3-301
Local government: means the county, municipality, or local school district that would have jurisdiction to act as the compliance agency if the division did not have jurisdiction to act as the compliance agency. See Utah Code 63A-5b-601
Local government entity: means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901
Lodge system: means one in which:
          (1)(c)(i) there is a supreme governing body;
          (1)(c)(ii) subordinate to the supreme governing body are local lodges, however designated, into which natural persons are admitted as members in accordance with the laws of the fraternal;
          (1)(c)(iii) the local lodges are required by the laws of the fraternal to hold regular meetings at least monthly; and
          (1)(c)(iv) the local lodges regularly engage in programs involving member participation to implement the purposes of Subsection (1)(a)(ii). See Utah Code 31A-9-101
Mail: means United States Postal Service first class mail to the intended recipient's last known address. See Utah Code 63A-3-301
Malfeasance in office: means an intentional act or omission relating to the duties of an executive branch elected official that:
     (5)(a) constitutes a crime; or
     (5)(b)
          (5)(b)(i) constitutes a substantial breach of the trust imposed upon the executive branch elected official by the nature of the official's office; and
          (5)(b)(ii) is against commonly accepted standards of honesty and morality. See Utah Code 63A-14-102
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
Military development fund: means the infrastructure fund created in Subsection 63A-3-402(1)(d). See Utah Code 63A-3-401.5
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Motor vehicle: includes vehicles used for construction and other nontransportation purposes. See Utah Code 63A-9-101
Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
New facility: includes :
(3)(b)(i) an addition to an existing building; and
(3)(b)(ii) the enclosure of space that was not previously fully enclosed. See Utah Code 63A-5b-401
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.
Office: means the Office of Inspector General of Medicaid Services, created in Section 63A-13-201. See Utah Code 63A-13-102
Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 63A-3-501
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.
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
Participating political subdivision: means a political subdivision that has entered into an agreement with a local agency authorizing the local agency to act on behalf of the political subdivision with respect to the office's efforts to collect accounts receivable of the political subdivision through administrative offsets. See Utah Code 63A-3-301
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.
Past due: means any accounts receivable that the state has not received by the payment due date. See Utah Code 63A-3-501
Performance efficiency agreement: means an agreement entered into by an agency whereby the agency implements one or more energy efficiency measures and finances the costs associated with implementation of performance efficiency measures using the stream of expected savings in costs resulting from implementation of the performance efficiency measures as a funding source for repayment. See Utah Code 63A-5b-1001
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 identifying information: includes information identified as personal identifying information in accordance with the rules described in Section 63A-12-104. See Utah Code 63A-12-100.5
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
Plaintiff: The person who files the complaint in a civil lawsuit.
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.
Point of the mountain fund: means the infrastructure fund created in Subsection 63A-3-402(1)(b). See Utah Code 63A-3-401.5
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
Political subdivision: means the same as that term is defined in Section 63G-7-102. See Utah Code 63A-3-301
Political subdivision: means the same as that term is defined in Section 63G-7-102. See Utah Code 63A-3-501
Primary state agency: means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv). See Utah Code 63A-5b-901
Privacy annotation: means a summary, described in Subsection 63A-12-115(2) and rules made by the executive director under Subsection 63A-12-104(2), that, for each record series that an executive branch agency collects, maintains, or uses:
(2)(d)(i) discloses whether the record series contains personal identifying information; and
(2)(d)(ii) if the record series contains personal identifying information, includes the information described in Subsection 63A-12-115(2)(b). See Utah Code 63A-12-100.5
Private party: means a person who is not a state agency, local government entity, or public purpose nonprofit entity. See Utah Code 63A-5b-901
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
Project area: means :
     (11)(a) the same as that term is defined in Section 11-58-102, for purposes of an infrastructure loan from the inland port fund;
     (11)(b) the point of the mountain state land, as defined in Section 11-59-102, for purposes of an infrastructure loan from the point of the mountain fund;
     (11)(c) the same as that term is defined in Section 11-70-101, for purposes of an infrastructure loan from the fairpark district development fund; or
     (11)(d) the same as that term is defined in Section 63H-1-102, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Property act: means the Federal Property and Administrative Services Act of 1949, Utah Code 63A-2-101.5
Property tax revenue: means :
     (12)(a) property tax differential, as defined in Section 11-58-102, for purposes of an infrastructure loan from the inland port fund;
     (12)(b) enhanced property tax revenue, as defined in Section 11-70-101, for purposes of an infrastructure loan from the fairpark district development fund; or
     (12)(c) property tax allocation, as defined in Section 63H-1-102, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
Provider: means a person that provides:
(11)(a) medical assistance, including supplies or services, in exchange, directly or indirectly, for Medicaid funds; or
(11)(b) billing or recordkeeping services relating to Medicaid funds. See Utah Code 63A-13-102
Public infrastructure and improvements: means :
     (13)(a) the same as that term is defined in Section 11-58-102, for purposes of an infrastructure loan from the inland port fund;
     (13)(b) publicly owned infrastructure and improvements, as defined in Section 11-59-102, for purposes of an infrastructure loan from the point of the mountain fund;
     (13)(c) the same as that term is defined in Section 11-70-101, for purposes of an infrastructure loan from the fairpark district development fund; or
     (13)(d) the same as that term is defined in Section 63H-1-102, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
Public purpose nonprofit entity: means a corporation, association, organization, or entity that:
     (7)(a) is located within the state;
     (7)(b) is not a state agency or local government entity;
     (7)(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and
     (7)(d) operates to fulfill a public purpose. See Utah Code 63A-5b-901
Purchasing director: means the director of the division appointed under Section 63A-2-102. See Utah Code 63A-2-101.5
Qualified proposal: means a written proposal that:
     (8)(a) meets the criteria established by the division by rule under Section 63A-5b-903;
     (8)(b) if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and
     (8)(c) the director determines will, if accepted and implemented, provide a material benefit to the state. See Utah Code 63A-5b-901
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
receivable: means any amount due the state or any other governmental entity within the state as a result of a judgment, citation, tax, or administrative order, or for which materials or services have been provided but for which payment has not been received by the servicing unit. See Utah Code 63A-3-301
receivables: means any amount due to a state agency from an entity for which payment has not been received by the state agency that is servicing the debt. See Utah Code 63A-3-501
Record: means :
(2)(e)(i) the same as that term is defined in Section 63G-2-103; or
(2)(e)(ii) a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section 67-5b-102, the release of which is governed by Section 77-37-4. See Utah Code 63A-12-100.5
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.
Replacement cost: means , as determined by the Division of Risk Management:
(4)(a) for state facilities, excluding auxiliary facilities as defined by the director, the cost to replace those facilities; and
(4)(b) for infrastructure, as defined by the director, the cost to replace the infrastructure. See Utah Code 63A-5b-401
Respective loan approval body: means :
     (14)(a) the board created in Section 11-58-301, for purposes of an infrastructure loan from the inland port fund;
     (14)(b) the board created in Section 11-59-301, for purposes of an infrastructure loan from the point of the mountain fund;
     (14)(c) the board created in Section 11-70-301, for purposes of an infrastructure loan from the fairpark area development fund; or
     (14)(d) the committee created in Section 63H-1-104, for purposes of an infrastructure loan from the military development fund. See Utah Code 63A-3-401.5
Respondent: means the executive branch elected official against whom an ethics complaint described in Section 63A-14-402 is filed. See Utah Code 63A-14-102
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 63A-3-501
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Secondary state agency: means a state agency:
(9)(a) that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304; and
(9)(b) for which the division does not hold title to real property that the state agency occupies or uses. See Utah Code 63A-5b-901
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.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Significant lease terms: includes the duration of the lease, the frequency of the periodic payments, a renewal clause, a purchase option, a cancellation clause, a repair and maintenance clause, and a restriction on use of the property. See Utah Code 63A-5b-801
State agency: means any executive branch department, division, or other agency of the state. See Utah Code 63A-2-101.5
State agency: includes :
          (11)(a)(i) an executive branch agency;
          (11)(a)(ii) the legislative branch of state government; and
          (11)(a)(iii) the judicial branches of state government, including justice courts. See Utah Code 63A-3-501
State agency: means a department, division, office, entity, agency, or other unit of state government. See Utah Code 63A-5b-901
State archives: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
State board: means the State Board of Education. See Utah Code 63A-2-501
State facility: means any building, structure, or other improvement that is constructed on property that the state, any of the state's departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant. See Utah Code 63A-5b-1001
State funds: means public money appropriated by the Legislature. See Utah Code 63A-5b-401
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.
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
Surplus property program: means the program relating to state surplus property under Part 4, Surplus Property Service. See Utah Code 63A-2-101.5
Surplus property program administrator: means :
(12)(a) the purchasing director, if the purchasing director administers the surplus property program; or
(12)(b) the state surplus property contractor, if the state surplus property contractor administers the surplus property program. See Utah Code 63A-2-101.5
Testify: Answer questions in court.
Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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 of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust lands administration: means the School and Institutional Trust Lands Administration established in Section 53C-1-201. See Utah Code 63A-5b-102
Trustee: A person or institution holding and administering property in trust.
Upcoding: means assigning an inaccurate billing code for a service that is payable or reimbursable by Medicaid funds, if the correct billing code for the service, taking into account reasonable opinions derived from official published coding definitions, would result in a lower Medicaid payment or reimbursement. See Utah Code 63A-13-102
Utah Board of Higher Education: means the Utah Board of Higher Education established in Section 53B-1-402. See Utah Code 63A-5b-102
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Vacant division-owned property: means division-owned property that:
     (12)(a) a primary state agency is not occupying or using; and
     (12)(b) the director has determined should be made available for:
          (12)(b)(i) use or occupancy by a primary state agency; or
          (12)(b)(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901
Verdict: The decision of a petit jury or a judge.
Violation: means a high crime, a misdemeanor, or malfeasance in office. See Utah Code 63A-14-102
Vulnerable adult: means the same as that term is defined in Section 26B-6-201. See Utah Code 63A-12-100.5
Vulnerable record: means a record or data relating to:
          (2)(h)(i) national security interests;
          (2)(h)(ii) the care, custody, or control of a child;
          (2)(h)(iii) a fiduciary trust over money;
          (2)(h)(iv) health care of a child; or
          (2)(h)(v) the following, in relation to a vulnerable adult:
               (2)(h)(v)(A) protection, health care, or other care; or
               (2)(h)(v)(B) the provision of food, shelter, clothing, assistance with an activity of daily living, or assistance with financial resource management. See Utah Code 63A-12-100.5
Waste: includes an activity that:
(13)(b)(i) does not constitute abuse or necessarily involve a violation of law; and
(13)(b)(ii) relates primarily to mismanagement, an inappropriate action, or inadequate oversight. See Utah Code 63A-13-102
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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
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
Written proposal: means a brief statement in writing that explains:
(13)(a) the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and
(13)(b) how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease. See Utah Code 63A-5b-901