Terms Used In Utah Code > Title 35A > Chapter 3 > Part 6 - Administrative Determination of Overpayment Act

• Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75-11-102
• 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
• Administrative order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
• 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.
• 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}
• Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
• Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75-11-102
• Child care services: means care of a child by a responsible person who is not the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-3-102
• Conservator: includes a limited conservator. See Utah Code 75-11-102
• Content of an electronic communication: means information concerning the substance or meaning of the communication that:
       (6)(a) has been sent or received by a user;
       (6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
       (6)(c) is not readily accessible to the public. See Utah Code 75-11-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
• Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75-11-102
• Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
• Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
• Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75-11-102
• Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102
• Directed trust: means a trust for which the terms of the trust grant a power of direction. See Utah Code 75-12-102
• Disability: means cause for a protective order as described by Section 75-5-401. See Utah Code 75-1-201 v2
• Docket: A log containing brief entries of court proceedings.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
• Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75-11-102
• 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 assistance: means financial assistance provided to a person under Part 4, General Assistance. See Utah Code 35A-3-102
• Guardian: includes a limited guardian. See Utah Code 75-11-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75-11-102
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102
• 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.
• Obligor: means an individual:
       (20)(a) who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or
       (20)(b) against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102
• Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment:
            (21)(b)(i) for goods or services not provided; or
            (21)(b)(ii) in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102
• 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
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-11-102
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-12-102
• Power of direction: includes a power over the investment, management, or distribution of trust property or other matters of trust administration. See Utah Code 75-12-102
• Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75-11-102
• Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
• Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75-11-102
• Public assistance: means :
       (10)(a) services or benefits provided under Chapter 3, Employment Support Act;
       (10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
       (10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
       (10)(d) SNAP benefits; and
       (10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
• Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102
• 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.
• Settlor: means the same as that term is defined in Section 75-7-103. See Utah Code 75-12-102
• SNAP: means the federal "Supplemental Nutrition Assistance Program" under Title 7, U. See Utah Code 35A-1-102
• 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: 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 75-12-102
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Terms of a trust: means :
       (8)(a) subject to Subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provisions as:

            (8)(a)(i) expressed in the trust instrument; or

            (8)(a)(ii) established by other evidence that would be admissible in a judicial proceeding; or
       (8)(b) the trust's provisions as established, determined, or amended by:

            (8)(b)(i) a trustee or trust director in accordance with applicable law;

            (8)(b)(ii) a court order; or

            (8)(b)(iii) a nonjudicial settlement agreement under Section 75-7-110. See Utah Code 75-12-102
• Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 75-11-102
• Trust: includes :
            (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
            (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
            (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
• Trust director: means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of whether:
       (9)(a) the terms of the trust refer to the person as a trust director; or
       (9)(b) the person is a beneficiary or settlor of the trust. See Utah Code 75-12-102
• Trustee: includes an original, additional, and successor trustee, and a cotrustee. See Utah Code 75-12-102
• Trustee: includes a successor trustee. See Utah Code 75-11-102
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• User: means a person that has an account with a custodian. See Utah Code 75-11-102
• 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