Terms Used In Utah Code > Title 54 > Chapter 7 - Hearings, Practice, and Procedure

• 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
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amortization: Paying off a loan by regular installments.
• 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.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
• Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Commissioner: means a member of the commission. See Utah Code 54-2-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Cooperative wildlife management unit: means a generally contiguous area of land that is:
       (1)(a) open for hunting small game, waterfowl, turkey, or big game; and
       (1)(b) registered in accordance with this chapter and rules of the Wildlife Board. See Utah Code 23A-7-101
• Cooperative wildlife management unit agent: means a person appointed by a landowner, landowner association, or landowner association operator to perform the functions described in Section 23A-7-207. See Utah Code 23A-7-101
• Cooperative wildlife management unit authorization: means a card, label, ticket, or other identifying document authorizing the possessor to hunt small game or waterfowl in a cooperative wildlife management unit. See Utah Code 23A-7-101
• Cooperative wildlife management unit permit: means a permit authorizing the possessor to hunt turkey, or big game in a cooperative wildlife management unit. See Utah Code 23A-7-101
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• 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.
• Cultivated crops: means :
       (2)(a) annual or perennial crops harvested from or on cleared and planted land;
       (2)(b) perennial orchard trees on cleared and planted land;
       (2)(c) crop residues that have forage value for livestock; and
       (2)(d) pastures. See Utah Code 23A-8-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Depredation: means an act causing damage or death. See Utah Code 23A-8-101
• Depredation mitigation plan: means the plan described in Subsection 23A-8-402(2). See Utah Code 23A-8-101
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1
• Eligible customer: means a person who:
       (11)(a) on December 31, 2013:

            (11)(a)(i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and

            (11)(a)(ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and
       (11)(b) produces electricity:

            (11)(b)(i) from a qualifying power production facility for sale to a public utility in this state;

            (11)(b)(ii) primarily for the eligible customer's own use; or

            (11)(b)(iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1
• Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• 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.
• 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.
• 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.
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
• Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
       (13)(a) gas is made or produced on, and distributed by the maker or producer through, private property:

            (13)(a)(i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and

            (13)(a)(ii) not for sale to others;
       (13)(b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or
       (13)(c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1
• Growing season: means the portion of a year in which local conditions permit normal plant growth. See Utah Code 23A-8-101
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• 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
• Landowner association: means a landowner or an organization of owners of private lands who operates a cooperative wildlife management unit. See Utah Code 23A-7-101
• Landowner association operator: means a person designated by a landowner association to operate the cooperative wildlife management unit. See Utah Code 23A-7-101
• Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
• Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
• 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}
• Livestock: means cattle, sheep, horses, goats, or turkeys. See Utah Code 23A-8-101
• Management plan: means a document prepared in accordance with this chapter that describes how one or more tracts of land owned or managed by the division are to be used. See Utah Code 23A-6-101
• Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-8-101
• Mitigation review panel: means the panel created under Section 23A-8-404. See Utah Code 23A-8-101
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• 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.
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• 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
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• predator: means a mountain lion or bear. See Utah Code 23A-8-101
• 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 utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
• Regional advisory council: means a council created under Section 23A-2-303. See Utah Code 23A-1-101
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• 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.
• 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
• Small game: means species of protected wildlife:
       (50)(a) commonly pursued for sporting purposes;
       (50)(b) not classified as big game, aquatic wildlife, or furbearers; and
       (50)(c) excluding turkey, cougar, and bear. See Utah Code 23A-1-101
• 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.
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Telephone cooperative: means a telephone corporation that:
       (32)(a) is a cooperative; and
       (32)(b) is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. See Utah Code 54-2-1
• Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• turkey: means a wild, free-ranging turkey and does not include a privately owned or domestic turkey. See Utah Code 23A-8-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Wild: means the natural environment, including a private pond or private property. See Utah Code 23A-1-101
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• Wildlife management area: means :
       (3)(a) a single tract of land owned or managed by the division; or
       (3)(b) two or more tracts of land owned or managed by the division that are within close proximity of each other and managed as a single unit. See Utah Code 23A-6-101
• Wildlife specialist: means a United States Department of Agriculture, Wildlife Services specialist. See Utah Code 23A-8-101
• Wolf: means the gray wolf Canis lupus. See Utah Code 23A-8-101
• 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