§ 56-2-1 Definitions
§ 56-2-2 Movement of defective rolling stock prohibited — Exceptions
§ 56-2-3 Penalties
§ 56-2-4 Enforcement of provisions
§ 56-2-5 Construction of chapter
§ 56-2-6 Fencing rights of way to protect livestock — Power of Public Service Commission to require
§ 56-2-7 Exercise of fencing power by commission — Necessity of application by livestock owners
§ 56-2-8 Contents of livestock owners’ application for fencing
§ 56-2-11 Modification or revocation of commission’s orders requiring fencing
§ 56-2-12 Liability for railroad’s noncompliance with commission’s fencing orders

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Terms Used In Utah Code > Title 56 > Chapter 2 - Movement of Defective Rolling Stock and Fencing Right-of-Way

  • Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
  • Adult day care: means nonresidential care and supervision:
         (2)(a) for three or more adults for at least four but less than 24 hours a day; and
         (2)(b) that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting. See Utah Code 26B-2-101
  • Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
  • Boarding school: means a private school that:
              (5)(a)(i) uses a regionally accredited education program;
              (5)(a)(ii) provides a residence to the school's students:
                   (5)(a)(ii)(A) for the purpose of enabling the school's students to attend classes at the school; and
                   (5)(a)(ii)(B) as an ancillary service to educating the students at the school;
              (5)(a)(iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and
              (5)(a)(iv)
                   (5)(a)(iv)(A) does not provide the treatment or services described in Subsection (40)(a); or
                   (5)(a)(iv)(B) provides the treatment or services described in Subsection (40)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101
  • Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1
  • Child: means an individual under 18 years old. See Utah Code 26B-2-101
  • Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
         (8)(a) finding a person to adopt the child;
         (8)(b) placing the child in a home for adoption; or
         (8)(c) foster home placement. See Utah Code 26B-2-101
  • Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
  • Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Congregate care program: means any of the following that provide services to a child:
              (11)(a)(i) an outdoor youth program;
              (11)(a)(ii) a residential support program;
              (11)(a)(iii) a residential treatment program; or
              (11)(a)(iv) a therapeutic school. See Utah Code 26B-2-101
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Day treatment: means specialized treatment that is provided to:
         (12)(a) a client less than 24 hours a day; and
         (12)(b) four or more persons who:
              (12)(b)(i) are unrelated to the owner or provider; and
              (12)(b)(ii) have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
  • Department contractor: means an individual who:
         (13)(a) provides services under a contract with the department; and
         (13)(b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101
  • Direct access: means that an individual has, or likely will have:
         (14)(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or
         (14)(b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101
  • Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background check approval issued by the office. See Utah Code 26B-2-101
  • Director: means the director of the office. See Utah Code 26B-2-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
  • education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
  • Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
  • 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 director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • 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.
  • Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(5). See Utah Code 26B-1-501
  • Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Human services program: means :
              (25)(a)(i) a foster home;
              (25)(a)(ii) a therapeutic school;
              (25)(a)(iii) a youth program;
              (25)(a)(iv) an outdoor youth program;
              (25)(a)(v) a residential treatment program;
              (25)(a)(vi) a residential support program;
              (25)(a)(vii) a resource family home;
              (25)(a)(viii) a recovery residence; or
              (25)(a)(ix) a facility or program that provides:
                   (25)(a)(ix)(A) adult day care;
                   (25)(a)(ix)(B) day treatment;
                   (25)(a)(ix)(C) outpatient treatment;
                   (25)(a)(ix)(D) domestic violence treatment;
                   (25)(a)(ix)(E) child-placing services;
                   (25)(a)(ix)(F) social detoxification; or
                   (25)(a)(ix)(G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
  • Intermediate secure treatment: means 24-hour specialized residential treatment or care for an individual who:
         (29)(a) cannot live independently or in a less restrictive environment; and
         (29)(b) requires, without the individual's consent or control, the use of locked doors to care for the individual. See Utah Code 26B-2-101
  • 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
  • Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
  • Local government: means a city, town, or county. See Utah Code 26B-2-101
  • Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1
  • Minor: means child. See Utah Code 26B-2-101
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Near fatality: means alleged abuse or neglect that, as certified by a physician or physician assistant, places a child in serious or critical condition. See Utah Code 26B-1-501
  • Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
  • Outdoor youth program: means a program that provides:
         (34)(a) services to a child that has:
              (34)(a)(i) a chemical dependency; or
              (34)(a)(ii) a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral;
         (34)(b) a 24-hour outdoor group living environment; and
         (34)(c)
              (34)(c)(i) regular therapy, including group, individual, or supportive family therapy; or
              (34)(c)(ii) informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101
  • Outpatient treatment: means individual, family, or group therapy or counseling designed to improve and enhance social or psychological functioning for those whose physical and emotional status allows them to continue functioning in their usual living environment. See Utah Code 26B-2-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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 :
         (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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Qualified individual: means an individual who:
         (7)(a) at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;
         (7)(b)
              (7)(b)(i) is in the custody of the department or a division of the department; and
              (7)(b)(ii) is placed in a residential placement by the department or a division of the department;
         (7)(c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:
              (7)(c)(i) an investigation for abuse, neglect, or dependency;
              (7)(c)(ii) foster care;
              (7)(c)(iii) in-home services; or
              (7)(c)(iv) substitute care;
         (7)(d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;
         (7)(e) was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:
              (7)(e)(i) the department or a division of the department is aware of the death; and
              (7)(e)(ii) the death is reported as a homicide, suicide, or an undetermined cause;
         (7)(f) received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies;
         (7)(g) dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;
         (7)(h) is a child who:
              (7)(h)(i) suffers a near fatality; and
              (7)(h)(ii) is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:
                   (7)(h)(ii)(A) an investigation for abuse, neglect, or dependency;
                   (7)(h)(ii)(B) foster care;
                   (7)(h)(ii)(C) in-home services; or
                   (7)(h)(ii)(D) substitute care; or
         (7)(i) is designated as a qualified individual by the executive director. See Utah Code 26B-1-501
  • Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:
              (38)(a)(i) provides a supervised living environment for individuals recovering from a substance use disorder;
              (38)(a)(ii) provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder;
              (38)(a)(iii) provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site;
              (38)(a)(iv) is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or
              (38)(a)(v)
                   (38)(a)(v)(A) receives public funding; or
                   (38)(a)(v)(B) is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101
  • Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are:
              (40)(b)(i) emotional;
              (40)(b)(ii) psychological;
              (40)(b)(iii) developmental; or
              (40)(b)(iv) behavioral. See Utah Code 26B-2-101
  • Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
  • Residential treatment program: means a program or facility that provides:
         (42)(a) residential treatment; or
         (42)(b) intermediate secure treatment. See Utah Code 26B-2-101
  • Seclusion: means the involuntary confinement of an individual in a room or an area:
         (43)(a) away from the individual's peers; and
         (43)(b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101
  • Short-term relief care provider: means an individual who:
         (44)(a) provides short-term and temporary relief care to a foster parent:
              (44)(a)(i) for less than six consecutive nights; and
              (44)(a)(ii) in the short-term relief care provider's home;
         (44)(b) is an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster parent;
         (44)(c) is direct access qualified, as that term is defined in Section 26B-2-120;
         (44)(d) has been approved to provide short-term relief care by the department;
         (44)(e) is not reimbursed by the department for the temporary relief care provided; and
         (44)(f) is not an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster child. See Utah Code 26B-2-101
  • Social detoxification: means short-term residential services for persons who are experiencing or have recently experienced drug or alcohol intoxication, that are provided outside of a health care facility licensed under Part 2, Health Care Facility Licensing and Inspection, and that include:
         (45)(a) room and board for persons who are unrelated to the owner or manager of the facility;
         (45)(b) specialized rehabilitation to acquire sobriety; and
         (45)(c) aftercare services. See Utah Code 26B-2-101
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Therapeutic school: means a residential group living facility:
         (48)(a) for four or more individuals that are not related to:
              (48)(a)(i) the owner of the facility; or
              (48)(a)(ii) the primary service provider of the facility;
         (48)(b) that serves students who have a history of failing to function:
              (48)(b)(i) at home;
              (48)(b)(ii) in a public school; or
              (48)(b)(iii) in a nonresidential private school; and
         (48)(c) that offers:
              (48)(c)(i) room and board; and
              (48)(c)(ii) an academic education integrated with:
                   (48)(c)(ii)(A) specialized structure and supervision; or
                   (48)(c)(ii)(B) services or treatment related to:
                        (48)(c)(ii)(B)(I) a disability;
                        (48)(c)(ii)(B)(II) emotional development;
                        (48)(c)(ii)(B)(III) behavioral development;
                        (48)(c)(ii)(B)(IV) familial development; or
                        (48)(c)(ii)(B)(V) social development. See Utah Code 26B-2-101
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
  • Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
         (50)(a) provide personal protection;
         (50)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
         (50)(c) obtain services necessary for health, safety, or welfare;
         (50)(d) carry out the activities of daily living;
         (50)(e) manage the adult's own resources; or
         (50)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101
  • Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that:
              (51)(a)(i) serves adjudicated or nonadjudicated youth;
              (51)(a)(ii) charges a fee for the program's services;
              (51)(a)(iii) may provide host homes or other arrangements for overnight accommodation of the youth;
              (51)(a)(iv) may provide all or part of the program's services in the outdoors;
              (51)(a)(v) may limit or censor access to parents or guardians; and
              (51)(a)(vi) prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101