§ 4-23-101 Title
§ 4-23-102 Purpose declaration
§ 4-23-103 Definitions
§ 4-23-104 Agricultural and Wildlife Damage Prevention Board created — Composition — Appointment — Terms — Vacancies — Compensation
§ 4-23-105 Board responsibilities — Damage prevention policy — Rules — Methods to control predators and depredating birds and animals
§ 4-23-106 Department to issue licenses and permits — Department to issue aircraft use permits — Aerial hunting
§ 4-23-107 Annual fees on sheep, goats, cattle, and turkeys — Determination by board — Collection methods
§ 4-23-108 Agricultural and Wildlife Damage Prevention Account
§ 4-23-109 Proceeds of sheep fee — Refund of sheep fees — Annual audit of books, records, and accounts
§ 4-23-110 Applicability of chapter
§ 4-23-111 Holding a raccoon or coyote in captivity prohibited — Penalty
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Terms Used In Utah Code > Title 4 > Chapter 23 - Agricultural and Wildlife Damage Prevention Act

  • Accredited postsecondary school: means a postsecondary school that is accredited by an accrediting agency. See Utah Code 13-34-101
  • Accrediting agency: means a private educational association that:
         (2)(a) is recognized by the United States Department of Education;
         (2)(b) develops education criteria; and
         (2)(c) conducts evaluations to assess whether a postsecondary school meets the criteria described in Subsection (2)(b). See Utah Code 13-34-101
  • 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
  • Affected municipality: means an incorporated city or town:
         (2)(a) that is located in the notice area; and
         (2)(b)
              (2)(b)(i) within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or
              (2)(b)(ii) within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102
  • 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.
  • Affiliate: has the meaning set forth in Section 16-10a-102. See Utah Code 13-14-102
  • Affiliate: means a person that controls, is controlled by, or is under common control with:
         (1)(a) a commercial entity; and
         (1)(b)
              (1)(b)(i) directly; or
              (1)(b)(ii) indirectly through one or more intermediaries. See Utah Code 13-37-102
  • Aftermarket product: means any product or service not included in the franchisor's suggested retail price of the new motor vehicle, as that price appears on the label required by Utah Code 13-14-102
  • Agent: means a person who:
         (3)(a) owns an interest in a postsecondary school;
         (3)(b) is employed by a postsecondary school;
         (3)(c) enrolls or attempts to enroll a Utah resident in a postsecondary school;
         (3)(d) offers to award an educational credential on behalf of a postsecondary school; or
         (3)(e) holds oneself out to a Utah resident as representing a postsecondary school for any purpose. See Utah Code 13-34-101
  • Agricultural crops: means any product of cultivation;
(2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
(3) "Bounty" means the monetary compensation paid to persons for the harvest of predatory or depredating animals;
(4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or wildlife inflicted by predatory or depredating animals or depredating birds;
(5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog;
(6) "Depredating bird" means a Brewer's blackbird or starling;
(7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
(8) "Predatory animal" means any coyote; and
(9) "Wildlife" means any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird. See Utah Code 4-23-103
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • Apprentice: means the same as that term is defined in Section 35A-6-102. See Utah Code 13-34-101
  • Apprenticeship: means the same as that term is defined in Section 35A-6-102. See Utah Code 13-34-101
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Attorney general: means the same as that term is defined in Section 77-42-102. See Utah Code 13-39-102
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Bequest: Property gifted by will.
  • board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
  • board: means the Utah Powersport Vehicle Franchise Advisory Board created in Section 13-35-103. See Utah Code 13-35-102
  • Business opportunity: means an arrangement under which a person:
              (1)(a)(i) sells or leases a product, equipment, a supply, or a service:
                   (1)(a)(i)(A) upon payment of initial required consideration of at least $500; and
                   (1)(a)(i)(B) for the purpose of enabling the buyer or lessee to start a business; and
              (1)(a)(ii) represents to the buyer or lessee that:
                   (1)(a)(ii)(A) the person will provide a location or assist the buyer or lessee find a location for the use or operation of a vending machine, rack, display case, or other similar device, or a currency-operated amusement machine or device, on premises neither owned nor leased by the person nor the buyer or lessee;
                   (1)(a)(ii)(B) the person will purchase a product the buyer or lessee makes, produces, fabricates, grows, or modifies, using in whole or in part the product, equipment, supply, or service the buyer or lessee buys or leases from the person;
                   (1)(a)(ii)(C) the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied; or
                   (1)(a)(ii)(D) the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service. See Utah Code 13-15-102
  • Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102
  • Cannabinoid product: means a product that:
         (6)(a) contains or is represented to contain one or more naturally occurring cannabinoids;
         (6)(b) contains less than the cannabinoid product THC level, by dry weight;
         (6)(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;
         (6)(d) does not exceed a total of THC and any THC analog that is greater than:
              (6)(d)(i) 5 milligrams per serving; and
              (6)(d)(ii) 150 milligrams per package; and
         (6)(e) unless the product is in an oil based suspension, has a serving size that:
              (6)(e)(i) is an integer; and
              (6)(e)(ii) is a discrete unit of the cannabinoid product. See Utah Code 4-41-102
  • Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41-102
  • CBD: means the cannabinoid identified as CAS# 13956-29-1. See Utah Code 4-41-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • commercial entity: means a person that:
              (2)(a)(i) has an office or other place of business located in the state; and
              (2)(a)(ii) in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Compensation: means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information. See Utah Code 13-37-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Utah Code 13-40-102
  • Computer virus: means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on another computer or computer network without the authorization of the owner of the other computer or computer network. See Utah Code 13-40-102
  • Consumer transaction: includes :
              (4)(b)(i) the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and
              (4)(b)(ii) with respect to any transaction described in Subsection (4)(a):
                   (4)(b)(ii)(A) an offer or solicitation;
                   (4)(b)(ii)(B) an agreement;
                   (4)(b)(ii)(C) the performance of an agreement; or
                   (4)(b)(ii)(D) a charitable solicitation as defined in Section 13-11-3. See Utah Code 13-37-102
  • Contact point: means an electronic identification to which a communication may be sent, including:
         (2)(a) an email address;
         (2)(b) an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1);
         (2)(c) a mobile or other telephone number;
         (2)(d) a facsimile number; or
         (2)(e) an electronic address:
              (2)(e)(i) similar to a contact point listed in this Subsection (2); and
              (2)(e)(ii) defined as a contact point by rule made by the unit under Subsection 13-39-203(1). See Utah Code 13-39-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • County executive: means :
         (7)(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;
         (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
         (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • 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
  • Customer: means a person that:
         (2)(a) causes a molder to fabricate, cast, or otherwise make a mold; or
         (2)(b) provides a molder with a mold to make a product for the customer. See Utah Code 13-31-102
  • Damage: means any significant impairment to the:
         (4)(a) performance of a computer; or
         (4)(b) integrity or availability of data, software, a system, or information. See Utah Code 13-40-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealership: means a site or location in this state:
         (5)(a) at which a franchisee conducts the business of a new motor vehicle dealer; and
         (5)(b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102
  • Dealership: means a site or location in this state:
         (2)(a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
         (2)(b) that is identified as a new powersport vehicle dealer's principal place of business for registration purposes under Section 13-35-105. See Utah Code 13-35-102
  • 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 Commerce. See Utah Code 13-14-102
  • Department: means the Department of Commerce. See Utah Code 13-35-102
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distance postsecondary education: means the same as that term is defined in Utah Code 13-34-101
  • Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102
  • Division: means the Division of Consumer Protection. See Utah Code 13-34-101
  • Do-not-drive order: means an order issued by a franchisor that instructs an individual not to operate a motor vehicle of the franchisor's line-make due to a recall. See Utah Code 13-14-102
  • Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102
  • Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102
  • Educational credential: means a degree, diploma, certificate, transcript, report, document, letter of designation, mark, or series of letters, numbers, or words that represent enrollment, attendance, or satisfactory completion of the requirements or prerequisites of an educational program. See Utah Code 13-34-101
  • Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
         (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
         (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 13-35-102
  • 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.
  • False pretenses: means the representation of a fact or circumstance that is not true and is calculated to mislead. See Utah Code 13-40-102
  • Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
  • Fiduciary: A trustee, executor, or administrator.
  • Financial transaction card: includes :
              (1)(b)(i) a credit card;
              (1)(b)(ii) a credit plate;
              (1)(b)(iii) a bank services card;
              (1)(b)(iv) a banking card;
              (1)(b)(v) a check guarantee card;
              (1)(b)(vi) a debit card;
              (1)(b)(vii) a telephone credit card; and
              (1)(b)(viii) a device for access as defined in Section 7-16a-102. See Utah Code 13-38a-102
  • 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.
  • Franchise: means the same as that term is defined by Federal Trade Commission rules governing franchise and business opportunity ventures. See Utah Code 13-15-102
  • franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102
  • franchise agreement: means a written agreement, for a definite or indefinite period, in which:
         (5)(a) a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and
         (5)(b) a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail. See Utah Code 13-35-102
  • Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
  • Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102
  • Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
         (11)(a) the manufacturer, producer, assembler, or distributor of the new motor vehicles;
         (11)(b) an intermediate distributor; and
         (11)(c) an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
  • Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes:
              (7)(a)(i) the manufacturer or distributor of the new powersport vehicles;
              (7)(a)(ii) an intermediate distributor;
              (7)(a)(iii) an agent, officer, or field or area representative of the franchisor; and
              (7)(a)(iv) a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantee: means a written agreement that:
         (4)(a) a purchaser and seller sign; and
         (4)(b) discloses the complete details and each limitation or exception of the agreement. See Utah Code 13-15-102
  • Identifying information: means any information that can be used to access a person's financial accounts or to obtain goods and services, including the person's:
              (7)(a)(i) address;
              (7)(a)(ii) birth date;
              (7)(a)(iii) Social Security number;
              (7)(a)(iv) driver license number;
              (7)(a)(v) non-driver governmental identification number;
              (7)(a)(vi) telephone number;
              (7)(a)(vii) bank account number;
              (7)(a)(viii) student identification number;
              (7)(a)(ix) credit or debit card number;
              (7)(a)(x) personal identification number;
              (7)(a)(xi) unique biometric data;
              (7)(a)(xii) employee or payroll number;
              (7)(a)(xiii) automated or electronic signature;
              (7)(a)(xiv) computer image file;
              (7)(a)(xv) photograph; or
              (7)(a)(xvi) computer screen name or password. See Utah Code 13-40-102
  • Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
  • Industrial hemp product: means a product made by processing industrial hemp plants or industrial hemp parts. See Utah Code 4-41-102
  • Industrial hemp retailer permit: means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product. See Utah Code 4-41-102
  • Initial required consideration: includes the sum of any down payment and the total of all additional payments, if the purchaser's payment under the terms of the business opportunity is over a period of time. See Utah Code 13-15-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intentionally deceptive: means any of the following:
         (8)(a) an intentionally and materially false or fraudulent statement;
         (8)(b) a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or
         (8)(c) an intentional and material failure to provide a notice to an owner or operator concerning the installation or execution of computer software, for the purpose of deceiving the owner or operator. See Utah Code 13-40-102
  • Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. See Utah Code 13-40-102
  • Internet service provider: means :
         (10)(a) an Internet service provider, as defined in Section 76-10-1230; or
         (10)(b) a hosting company, as defined in Section 76-10-1230. See Utah Code 13-40-102
  • 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.
  • Key participant: means any of the following:
         (15)(a) a licensee;
         (15)(b) an operation manager;
         (15)(c) a site manager; or
         (15)(d) an employee who has access to any industrial hemp material with a THC concentration above 0. See Utah Code 4-41-102
  • 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
  • Law clerk: Assist judges with research and drafting of opinions.
  • Lead: means the referral by a franchisor to a franchisee of a potential customer whose contact information was obtained from a franchisor's program, process, or system designed to generate referrals for the purchase or lease of a new motor vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-14-102
  • Lead: means the referral by a franchisor to a franchisee of an actual or potential customer for the purchase or lease of a new powersport vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-35-102
  • 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
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Line-make: means :
         (13)(a) for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
         (13)(b) for a recreational vehicle, a specific series of recreational vehicle product that:
              (13)(b)(i) is identified by a common series trade name or trademark;
              (13)(b)(ii) is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;
              (13)(b)(iii) has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;
              (13)(b)(iv) belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
              (13)(b)(v) a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102
  • Line-make: means the powersport vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer of the powersport vehicle. See Utah Code 13-35-102
  • Lineal descendant: Direct descendant of the same ancestors.
  • 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
  • Longstanding nonprofit accredited postsecondary school: means an accredited postsecondary school that:
         (9)(a) is a nonprofit organization; and
         (9)(b) has operated continuously as a nonprofit for at least 20 years. See Utah Code 13-34-101
  • Make: includes to manufacture, assemble, cast, or fabricate. See Utah Code 13-31-102
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Message: means a graphical or text communication presented to an authorized user of a computer. See Utah Code 13-40-102
  • Mold: includes a die, form, or pattern. See Utah Code 13-31-102
  • Molder: includes a tool or die maker. See Utah Code 13-31-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • Motor home: means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102
  • Motor vehicle: means :
              (16)(a)(i) except as provided in Subsection (16)(b), a trailer;
              (16)(a)(ii) a travel trailer;
              (16)(a)(iii) except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
              (16)(a)(iv) a semitrailer as defined in Section 41-1a-102; and
              (16)(a)(v) a recreational vehicle. See Utah Code 13-14-102
  • New motor vehicle: means a motor vehicle that:
         (17)(a) has never been titled or registered; and
         (17)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102
  • New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102
  • New powersport vehicle dealer: means a person who is engaged in the business of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place of business for the sale, lease, trade, or display of powersport vehicles. See Utah Code 13-35-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-compliant material: means :
         (17)(a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0. See Utah Code 4-41-102
  • Nonprofit organization: means a nonprofit corporation or foreign nonprofit corporation as those terms are defined in Section 16-6a-102. See Utah Code 13-34-101
  • Nonpublic personal information: includes :
              (5)(b)(i) a person's Social Security number;
              (5)(b)(ii) information used to determine a person's credit worthiness including a person's:
                   (5)(b)(ii)(A) income; or
                   (5)(b)(ii)(B) employment history;
              (5)(b)(iii) the purchasing patterns of a person; or
              (5)(b)(iv) the personal preferences of a person. See Utah Code 13-37-102
  • Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1
  • notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102
  • notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-35-102
  • 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.
  • Operate: means to:
         (11)(a) maintain a physical presence in the state; or
         (11)(b) provide postsecondary education to an individual who resides in the state. See Utah Code 13-34-101
  • 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
  • Owner or operator: means the owner or lessee of a computer, or a person using a computer with the owner's or lessee's authorization. See Utah Code 13-40-102
  • 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.
  • Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means :
         (19)(a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and
         (19)(b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102
  • Person: means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. See Utah Code 13-40-102
  • 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
  • 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
  • Personally identifiable information: means any of the following information if it allows the entity holding the information to identify the owner or operator of a computer:
         (14)(a) the first name or first initial in combination with the last name and a home or other physical address including street name;
         (14)(b) a personal identification code in conjunction with a password required to access an identified account, other than a password, personal identification number, or other identification number transmitted by an authorized user to the issuer of the account or its agent;
         (14)(c) a Social Security number, tax identification number, driver license number, passport number, or any other government-issued identification number; or
         (14)(d) an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer. See Utah Code 13-40-102
  • Physical presence: means :
         (12)(a) to maintain in the state a physical location where a student receives postsecondary education; or
         (12)(b) to provide to a student distance postsecondary education from a location in this state. See Utah Code 13-34-101
  • 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.
  • Postsecondary education: means education or educational services offered primarily to an individual who:
              (13)(a)(i) has completed or terminated their secondary or high school education; or
              (13)(a)(ii) is beyond the age of compulsory school attendance. See Utah Code 13-34-101
  • Postsecondary school: means a person that offers postsecondary education:
         (14)(a) in exchange for payment of tuition, fees, or other consideration; and
         (14)(b) for the purpose of attaining educational, professional, or vocational objectives. See Utah Code 13-34-101
  • Powersport vehicle: means :
              (12)(a)(i) an all-terrain type I, type II, or type III vehicle "ATV" defined in Section 41-22-2;
              (12)(a)(ii) a snowmobile as defined in Section 41-22-2;
              (12)(a)(iii) a motorcycle as defined in Section 41-1a-102;
              (12)(a)(iv) a personal watercraft as defined in Section 73-18-2;
              (12)(a)(v) except as provided in Subsection (12)(b), a motor-driven cycle as defined in Section 41-6a-102; or
              (12)(a)(vi) a moped as defined in Section 41-6a-102. See Utah Code 13-35-102
  • Primary market area: means :
         (21)(a) for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or
         (21)(b) for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102
  • Principal: means as the division determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 13-15-102
  • Principal: means a postsecondary school's owner, officer, director, trustee, or administrator. See Utah Code 13-34-101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public information: means a person's:
         (6)(a) name;
         (6)(b) telephone number; or
         (6)(c) street address. See Utah Code 13-37-102
  • Public postsecondary school: means a postsecondary school that is:
         (16)(a)
              (16)(a)(i) an institution listed in Section 53B-1-102; or
              (16)(a)(ii) established by another state or other governmental entity; and
         (16)(b) substantially supported with government funds. See Utah Code 13-34-101
  • Purchaser: means a person who buys or leases from another person a business opportunity. See Utah Code 13-15-102
  • 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
  • Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102
  • Recall repair: means any diagnostic work, labor, or part necessary to resolve an issue that is the basis of a recall. See Utah Code 13-14-102
  • Receipt: means any document related to the transaction of business provided to a person that uses a financial transaction card. See Utah Code 13-38a-102
  • Reciprocity agreement: means an agreement the division enters into with another state in accordance with Section 13-34-303. See Utah Code 13-34-101
  • Recreational vehicle: includes :
              (24)(b)(i) a travel trailer;
              (24)(b)(ii) a camping trailer;
              (24)(b)(iii) a motor home;
              (24)(b)(iv) a fifth wheel trailer; and
              (24)(b)(v) a van. See Utah Code 13-14-102
  • Registration certificate: means approval from the division to operate a postsecondary school in accordance with this chapter, and with rules adopted in accordance with this chapter. See Utah Code 13-34-101
  • Registration statement: means an application and accompanying documentation required under this chapter for:
         (19)(a) a registration certificate; or
         (19)(b) a state authorization certificate. See Utah Code 13-34-101
  • Registry: means the child protection registry established in Section 13-39-201. See Utah Code 13-39-102
  • Relevant market area: means :
         (13)(a) for a powersport dealership in a county that has a population of less than 225,000:
              (13)(a)(i) the county in which the powersport dealership exists or is to be established or relocated; and
              (13)(a)(ii) in addition to the county described in Subsection (13)(a)(i), the area within a 15-mile radius from the site of the existing, new, or relocated dealership; or
         (13)(b) for a powersport dealership in a county that has a population of 225,000 or more, the area within a 10-mile radius from the site of the existing, new, or relocated dealership. See Utah Code 13-35-102
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer permittee: means a person possessing an industrial hemp retailer permit that the department issues under this chapter. See Utah Code 4-41-102
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • 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
  • Seller: means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity. See Utah Code 13-15-102
  • service mark: means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation. See Utah Code 13-15-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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-control agreement: means an agreement, however denominated and regardless of the agreement's form or of the parties to the agreement, that has the effect of:
         (28)(a) controlling in any way the use and development of the premises upon which a franchisee's business operations are located;
         (28)(b) requiring a franchisee to establish or maintain an exclusive dealership facility on the premises upon which the franchisee's business operations are located; or
         (28)(c) restricting the ability of the franchisee or, if the franchisee leases the dealership premises, the franchisee's lessor to transfer, sell, lease, develop, redevelop, or change the use of some or all of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease, option to purchase or lease, or any similar arrangement. See Utah Code 13-14-102
  • 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 authorization certificate: means a certificate that the division issues to an accredited postsecondary school in accordance with Section 13-34-302. See Utah Code 13-34-101
  • Statute: A law passed by a legislature.
  • Student: means :
         (21)(a) a person who pays or is obligated to pay a postsecondary school for postsecondary education; or
         (21)(b) a legal guardian of a person described in Subsection (21)(a). See Utah Code 13-34-101
  • Subpoena: A command to a witness to appear and give testimony.
  • substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305
  • substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-35-305
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • THC: means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. See Utah Code 4-41-102
  • THC analog: means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC. See Utah Code 4-41-102
  • third party: means a person other than the commercial entity that obtains nonpublic personal information. See Utah Code 13-37-102
  • total THC: means the sum of the determined amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0. See Utah Code 4-41-102
  • Trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102
  • 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.
  • Transportable industrial hemp concentrate: means any amount of a natural cannabinoid in a purified state that:
         (25)(a) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;
         (25)(b) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0. See Utah Code 4-41-102
  • 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.
  • Unit: means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21. See Utah Code 13-39-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Used motor vehicle: means a motor vehicle that:
         (33)(a) has been titled and registered to a purchaser other than a franchisee; or
         (33)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102
  • 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
  • Venue: The geographical location in which a case is tried.
  • Webpage: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Utah Code 13-40-102
  • 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