Terms Used In Utah Code > Title 40 > Chapter 2 - Coal Mine Safety Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adverse action: means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
       (1)(a) discharge the person;
       (1)(b) threaten the person;
       (1)(c) coerce the person;
       (1)(d) intimidate the person; or
       (1)(e) discriminate against the person, including to discriminate in:

            (1)(e)(i) compensation;

            (1)(e)(ii) terms;

            (1)(e)(iii) conditions;

            (1)(e)(iv) location;

            (1)(e)(v) rights;

            (1)(e)(vi) immunities;

            (1)(e)(vii) promotions; or

            (1)(e)(viii) privileges. See Utah Code 40-2-102
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
• Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
• Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102
• Coal mine: means :
       (2)(a) the following used in extracting coal from its natural deposits in the earth by any means or method:

            (2)(a)(i) the land;

            (2)(a)(ii) a structure;

            (2)(a)(iii) a facility;

            (2)(a)(iv) machinery;

            (2)(a)(v) a tool;

            (2)(a)(vi) equipment;

            (2)(a)(vii) a shaft;

            (2)(a)(viii) a slope;

            (2)(a)(ix) a tunnel;

            (2)(a)(x) an excavation; and

            (2)(a)(xi) other property; and
       (2)(b) the work of preparing extracted coal, including a coal preparation facility. See Utah Code 40-2-102
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
• Commissioner: means the commissioner appointed under Section 34A-1-201. See Utah Code 40-2-102
• Community: means a county or municipality. See Utah Code 17C-1-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the Mine Safety Technical Advisory Council created in Section 40-2-203. See Utah Code 40-2-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Corrections. See Utah Code 77-27-1
• Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
• Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:
       (21)(a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section 17C-2-302; or
       (21)(b) community reinvestment project area under Section 17C-5-404. See Utah Code 17C-1-102
• Director: means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202. See Utah Code 40-2-102
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
• 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
• 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.
• 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.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• 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
• Major coal mine accident: means any of the following at a coal mine located in Utah:
       (7)(a) a mine explosion;
       (7)(b) a mine fire;
       (7)(c) the flooding of a mine;
       (7)(d) a mine collapse; or
       (7)(e) the accidental death of an individual at a mine. See Utah Code 40-2-102
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Mine Safety and Health Administration: means the federal Mine Safety and Health Administration within the United States Department of Labor. See Utah Code 40-2-102
• Office: means the Utah Office of Coal Mine Safety created in Section 40-2-201. See Utah Code 40-2-102
• Panel: means the Coal Miner Certification Panel created in Section 40-2-204. See Utah Code 40-2-102
• Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
• 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
• Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions. See Utah Code 77-27-1
• 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 the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
• Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
       (47)(a) for an urban renewal project area, Section 17C-2-201;
       (47)(b) for an economic development project area, Section 17C-3-201;
       (47)(c) for a community development project area, Section 17C-4-204; or
       (47)(d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
• Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
       (48)(a) promoting, creating, or retaining public or private jobs within the state or a community;
       (48)(b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
       (48)(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
       (48)(d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
       (48)(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
       (48)(f) providing open space, including streets or other public grounds or space around buildings;
       (48)(g) providing public or private buildings, infrastructure, structures, or improvements;
       (48)(h) relocating a business;
       (48)(i) improving public or private recreation areas or other public grounds;
       (48)(j) eliminating a development impediment or the causes of a development impediment;
       (48)(k) redevelopment as defined under the law in effect before May 1, 2006; or
       (48)(l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
• Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
• Quorum: The number of legislators that must be present to do business.
• record owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-1-102
• 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.
• 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
• 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
• Statute: A law passed by a legislature.
• Tax increment: means the difference between:
            (61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
            (61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
• Taxing entity: means a public entity that:
       (62)(a) levies a tax on property located within a project area; or
       (62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
• Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
• Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• Unsafe condition: means a danger that reasonably could be expected to cause serious harm to a person or property. See Utah Code 40-2-102
• Victim: means :
       (25)(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or
       (25)(b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
• 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