Terms Used In Utah Code > Title 58 > Chapter 22 > Part 5 - Unlawful Conduct - Penalties

• 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
• 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.
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• 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
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• 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.
• 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
• practice of professional engineering: means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Utah Code 58-22-102
• practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including:
            (14)(a)(i) buildings and other structures representing a substantial hazard to human life, which include:

                 (14)(a)(i)(A) buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;

                 (14)(a)(i)(B) buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;

                 (14)(a)(i)(C) buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;

                 (14)(a)(i)(D) health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;

                 (14)(a)(i)(E) jails and detention facilities with a gross area greater than 3,000 square feet; and

                 (14)(a)(i)(F) buildings and other structures with an occupant load greater than 5,000;
            (14)(a)(ii) buildings and other structures designated as essential facilities, including:

                 (14)(a)(ii)(A) hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;

                 (14)(a)(ii)(B) fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;

                 (14)(a)(ii)(C) designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;

                 (14)(a)(ii)(D) designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;

                 (14)(a)(ii)(E) power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;

                 (14)(a)(ii)(F) structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and

                 (14)(a)(ii)(G) aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and
            (14)(a)(iii) buildings and other structures requiring special consideration, including:

                 (14)(a)(iii)(A) structures or buildings that are normally occupied by human beings and are five stories or more in height;

                 (14)(a)(iii)(B) structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and

                 (14)(a)(iii)(C) buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional engineer: means a person licensed under this chapter as a professional engineer. See Utah Code 58-22-102
• Professional land surveyor: means an individual licensed under this chapter as a professional land surveyor. See Utah Code 58-22-102
• Professional structural engineer: means a person licensed under this chapter as a professional structural engineer. See Utah Code 58-22-102
• 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.
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
• 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