Terms Used In Utah Code > Title 4 > Chapter 2 - Administration

• 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.
• Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8a-302
• Agent: means a person who, on behalf of a dealer, purchaser, or livestock market, as defined in Section 4-30-102, solicits or negotiates the consignment or purchase of livestock. See Utah Code 4-7-103
• Agricultural enterprise: means the same as that term is defined in Section 78B-4-512. See Utah Code 4-2-1001
• Agricultural seed: includes :
       (2)(a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed;
       (2)(b) lawn seed;
       (2)(c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
       (2)(d) noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. See Utah Code 4-16-102
• Agritourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 4-2-1001
• 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.
• Ancient human remains: means all or part of the following that are historic or prehistoric:
       (2)(a) a physical individual; and
       (2)(b) any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. See Utah Code 9-8a-302
• Animal shelter: means the same as that term is defined in Section 11-46-102. See Utah Code 4-2-901
• Antiquities Section: means the Antiquities Section of the office created in Section 9-8a-304. See Utah Code 9-8a-302
• 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.
• Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8a-302
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8a-101
• Board executive committee: means the executive committee of the Agricultural Advisory Board created in Section 4-2-108. See Utah Code 4-2-502
• Center: means the National Main Street Center. See Utah Code 9-24-101
• Certifying agency: means :
       (5)(a) an agency authorized under the laws of a state, territory, or possession to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or
       (5)(b) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification. See Utah Code 4-16-102
• Collection: means a specimen and the associated records documenting the specimen and the specimen's recovery. See Utah Code 9-8a-302
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means drying, cleaning, scarifying, and other operations that:
       (8)(a) could change the purity or germination of a seed; and
       (8)(b) require a seed lot to be retested to determine the label information. See Utah Code 4-16-102
• Consignor: means a person who ships or delivers livestock to a dealer for handling or sale. See Utah Code 4-7-103
• Contract: A legal written agreement that becomes binding when signed.
• Controlling the pollination: means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Utah Code 4-16-102
• 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.
• Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8a-302
• Curation facility: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: includes :
            (3)(b)(i) a livestock dealer; and
            (3)(b)(ii) a person who owns or leases a feedlot. See Utah Code 4-7-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
• Dormant: means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. See Utah Code 4-16-102
• Education loan: means a loan received for education at a domestic or foreign institution of higher education, including a school or college of veterinary medicine. See Utah Code 4-2-901
• Effect: means an alteration to one or more characteristics of a historic property that qualify the historic property for inclusion in, or that make the historic property eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8a-402
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Excavate: means the recovery of archaeological resources. See Utah Code 9-8a-302
• Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Flower seed: includes the seed of herbaceous plants that are:
       (11)(a) grown for their blooms, ornamental foliage, or other ornamental parts; and
       (11)(b) commonly known and sold under the name of flower or wildflower seed in this state. See Utah Code 4-16-102
• Fraud: Intentional deception resulting in injury to another.
• Germination: means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. See Utah Code 4-16-102
• Hard seed: means seed that remains hard at the end of the prescribed germination test period because the seed has not absorbed water due to an impermeable seed coat. See Utah Code 4-16-102
• Historic property: means any historic or prehistoric district, site, building, structure, or object that is at least 50 years old and that is included in, or that is eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8a-402
• Horse event: means an event in which horses are roped or tripped for the purpose of a specific event or contest. See Utah Code 4-2-502
• Horse tripping: means the lassoing or roping of the legs of an equine, or otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment, sport, or contest, or practice for entertainment, sport, or contest. See Utah Code 4-2-502
• 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}
• Indian country: means the same as that term is defined in Utah Code 4-2-901
• Inert matter: means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule. See Utah Code 4-16-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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.
• Kind: means one or more related species or subspecies of seed that singly or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy. See Utah Code 4-16-102
• Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102
• Labeling: includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that:
       (21)(a) claims to specify the information required on the seed label by this chapter; and
       (21)(b) may include other information related to the labeled seed. See Utah Code 4-16-102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
• Livestock: means cattle, swine, equines, sheep, camelidae, ratites, bison, goats, and domesticated elk as defined in Section 4-39-102. See Utah Code 4-7-103
• Livestock: means the same as that term is defined in Section 4-1-109. See Utah Code 4-2-901
• Loan: means a loan that is made directly by, insured by, or guaranteed under a government program of:
       (6)(a) a state;
       (6)(b) the United States; or
       (6)(c) a foreign government. See Utah Code 4-2-901
• Lot: means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Utah Code 4-16-102
• Maximum payment value: means the lesser of:
       (7)(a) the sum of a qualified veterinarian's education loan balances; or
       (7)(b) $20,000. See Utah Code 4-2-901
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Museum: means the Utah Museum of Natural History. See Utah Code 9-8a-302
• Nonfederal land: includes :
            (12)(b)(i) land owned or controlled by:

                 (12)(b)(i)(A) the state;

                 (12)(b)(i)(B) a county, city, or town;

                 (12)(b)(i)(C) an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or

                 (12)(b)(i)(D) a person other than the federal government; or
            (12)(b)(ii) school and institutional trust lands. See Utah Code 9-8a-302
• Noxious weed seeds: means :
       (25)(a) prohibited noxious weed seeds; or
       (25)(b) restricted noxious weed seeds. See Utah Code 4-16-102
• 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.
• Off-type: means a seed or plant not part of the variety because the seed or plant deviates in one or more characteristics from the variety. See Utah Code 4-16-102
• Office: means the State Historic Preservation Office created in Section 9-8a-201. See Utah Code 9-8a-101
• Officer: means the state historic preservation officer, appointed in accordance with Section 9-8a-202. See Utah Code 9-8a-101
• Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
• Origin: means :
       (27)(a) for an indigenous stand of trees, the area on which the trees are growing; and
       (27)(b) for a nonindigenous stand of trees, the place from which the seeds or plants originated. See Utah Code 4-16-102
• 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.
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
• 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
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal investigator: means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit. See Utah Code 9-8a-302
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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 who is primarily engaged in the business of raising livestock for profit. See Utah Code 4-7-103
• Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101
• Program: means the Veterinarian Education Loan Repayment Program created in Section 4-2-902. See Utah Code 4-2-901
• Prohibited noxious weed seeds: include the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See Utah Code 4-16-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Pure seed: means seed exclusive of inert matter and all other seed not of the seed being considered as determined by methods defined by rule. See Utah Code 4-16-102
• Qualified veterinarian: means a veterinarian who has practiced as a veterinarian:
       (9)(a) in an area of the state that is Indian country;
       (9)(b) in an animal shelter within the state operated by:

            (9)(b)(i) a county;

            (9)(b)(ii) a municipality; or

            (9)(b)(iii) an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
       (9)(c) in any area of the state as an employee of the department;
       (9)(d) in any combination of the places described in Subsections (9)(a) through (c); or
       (9)(e) with a practice that includes at least 30% livestock medicine. See Utah Code 4-2-901
• Quorum: The number of legislators that must be present to do business.
• 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
• Registry: means the voluntary agritourism registry described in Section 4-2-1002. See Utah Code 4-2-1001
• Repository: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
• Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Site: means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. See Utah Code 9-8a-302
• Specimen: means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains. See Utah Code 9-8a-302
• 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 land: means land owned by the state including the state's:
            (18)(a)(i) legislative and judicial branches;
            (18)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
            (18)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-8a-302
• State register: means a register of cultural sites and localities, historic and prehistoric sites, and districts, buildings, and objects significant in Utah history. See Utah Code 9-8a-402
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Survey: means a surface investigation for archaeological resources that may include:
       (19)(a) insubstantial surface collection of archaeological resources; and
       (19)(b) limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property. See Utah Code 9-8a-302
• 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.
• 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.
• Tree and shrub seed: includes seed of woody plants commonly known and sold as tree and shrub seeds in this state. See Utah Code 4-16-102
• tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-101
• Trustee: A person or institution holding and administering property in trust.
• Undertaking: means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a state agency, including a project, activity, or program:
            (1)(d)(i) carried out by or on behalf of a state agency;
            (1)(d)(ii) carried out with financial assistance from the state; or
            (1)(d)(iii) that requires a state permit, license, or approval. See Utah Code 9-8a-402
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Variety: means a subdivision of a kind that is:
       (41)(a) distinct, meaning a variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge;
       (41)(b) uniform, meaning that variations in essential and distinctive characteristics are describable; and
       (41)(c) stable, meaning a variety's essential and distinctive characteristics and uniformity will remain unchanged when reproduced or reconstituted as required by the category of variety. See Utah Code 4-16-102
• Vegetable seed: includes the seed of those crops that are:
       (42)(a) grown in gardens or on truck farms; and
       (42)(b) generally known and sold under the name of vegetable or herb seed in this state. See Utah Code 4-16-102
• Venue: The geographical location in which a case is tried.
• Veterinarian: means an individual licensed under Title 58, Chapter 28, Veterinary Practice Act. See Utah Code 4-2-901
• Weed seed: means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule. See Utah Code 4-16-102
• Weight: means the net weight of the commodity. See Utah Code 4-16-102
• 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