Terms Used In Utah Code > Title 53E > Chapter 6 > Part 6 - License Denial and Discipline

• Allegation: something that someone says happened.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Educator: means :
       (2)(a) a person who holds a license;
       (2)(b) a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or
       (2)(c) a person who is the subject of an allegation which has been received by an LEA, the state board, or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102
• 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.
• hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:
  (1) appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and
  (2) obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601
• 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.
• LEA: means :
       (6)(a) a school district;
       (6)(b) a charter school; or
       (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
• License: means an authorization issued by the state board that permits the holder to serve in a professional capacity in the public schools. See Utah Code 53E-6-102
• Parent: means a parent or legal guardian. See Utah Code 53E-1-102
• 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
• 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.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Public education code: means :
       (10)(a) this title;
       (10)(b) Title 53F, Public Education System -- Funding; and
       (10)(c) Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102
• School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
• 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 board: means the State Board of Education. See Utah Code 53E-1-102
• Subpoena: A command to a witness to appear and give testimony.
• UPPAC: means the Utah Professional Practices Advisory Commission. See Utah Code 53E-6-102