Terms Used In Utah Code > Title 57 > Chapter 11 - Utah Uniform Land Sales Practices Act

• 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
• 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.
• Ambulance service provider: means :
       (1)(a) an ambulance provider as defined in Section 26B-4-101; or
       (1)(b) a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501
• Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801
• Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601
• CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• 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.
• Dependent: A person dependent for support upon another.
• Discharges: means the number of total hospital discharges reported on:
       (3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
       (3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-601
• Discharges: means the number of total hospital discharges reported on:
       (3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
       (3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-501
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
• Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-801
• Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601
• Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2
• Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26B-3-211. See Utah Code 26B-3-501
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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
• Federal act: means the federal Interstate Land Sales Full Disclosure Act, Utah Code 57-11-2
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Health coverage improvement program: means the health coverage improvement program described in Section 26B-3-207. See Utah Code 26B-3-501
• Hospital share: means the hospital share described in Section 26B-3-505. See Utah Code 26B-3-501
• Hospital share: means the hospital share described in Section 26B-3-605. See Utah Code 26B-3-601
• Industrial park: means a subdivision or subdivided lands offered as a part of a common promotional plan of advertising and sale zoned for office, manufacturing, warehousing, commercial, industrial, distribution, or wholesale use and utilized for one or more of those purposes. See Utah Code 57-11-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Medicaid ACA Fund: means the Medicaid ACA Fund created in Section 26B-1-315. See Utah Code 26B-3-601
• Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-501
• Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-601
• Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
• Medicaid waiver expansion: means a Medicaid expansion in accordance with Section 26B-3-113 or 26B-3-210. See Utah Code 26B-3-501
• Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-501
• Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-601
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-501
• Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-601
• 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.
• Offer: includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit. See Utah Code 57-11-2
• 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: includes :
       (6)(a) a business trust;
       (6)(b) an estate;
       (6)(c) a trust;
       (6)(d) a partnership;
       (6)(e) an unincorporated association;
       (6)(f) two or more of any entity having a joint or common interest; or
       (6)(g) any other legal or commercial entity. See Utah Code 57-11-2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Private hospital: means :
            (12)(a)(i) a general acute hospital, as defined in Section 26B-2-201, that is privately owned and operating in the state; and
            (12)(a)(ii) a privately owned specialty hospital operating in the state, including a privately owned hospital whose inpatient admissions are predominantly for:

                 (12)(a)(ii)(A) rehabilitation;

                 (12)(a)(ii)(B) psychiatric care;

                 (12)(a)(ii)(C) chemical dependency services; or

                 (12)(a)(ii)(D) long-term acute care services. See Utah Code 26B-3-501
• Private hospital: means :
            (11)(a)(i) a privately owned general acute hospital operating in the state as defined in Section 26B-2-201; or
            (11)(a)(ii) a privately owned specialty hospital operating in the state, including a privately owned hospital for which inpatient admissions are predominantly:

                 (11)(a)(ii)(A) rehabilitation;

                 (11)(a)(ii)(B) psychiatric;

                 (11)(a)(ii)(C) chemical dependency; or

                 (11)(a)(ii)(D) long-term acute care services. See Utah Code 26B-3-601
• 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
• Purchaser: means a person who acquires or attempts to acquire or succeeds to an interest in land. See Utah Code 57-11-2
• 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.
• 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
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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 teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-501
• State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-601
• Statute: A law passed by a legislature.
• subdivided lands: means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale. See Utah Code 57-11-2
• Subdivider: means :
       (9)(a) an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or
       (9)(b) a principal agent of an owner of an interest in subdivided lands if the owner is inactive. See Utah Code 57-11-2
• Subpoena: A command to a witness to appear and give testimony.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Unit: includes a lot, parcel, or other interest in land separately offered for disposition. See Utah Code 57-11-2
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Upper payment limit gap: means the difference between the private hospital outpatient upper payment limit and the private hospital Medicaid outpatient payments, as determined in accordance with Utah Code 26B-3-501
• Venue: The geographical location in which a case is tried.
• 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