Terms Used In Utah Code > Title 61 > Chapter 1 > Part 1 - Securities Fraud Reporting Program 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
• Adverse action: means to:
       (1)(a) discharge, threaten, or directly or indirectly harass an employee; or
       (1)(b) otherwise discriminate against an employee in any manner that affects the employee's employment, including:

            (1)(b)(i) compensation;

            (1)(b)(ii) terms;

            (1)(b)(iii) conditions;

            (1)(b)(iv) location;

            (1)(b)(v) rights;

            (1)(b)(vi) immunities;

            (1)(b)(vii) promotions; or

            (1)(b)(viii) privileges. See Utah Code 61-1-102
• Allegation: something that someone says happened.
• 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.
• Commission: means the Securities Commission created in Section Utah Code 61-1-13
• Contract: A legal written agreement that becomes binding when signed.
• Covered judicial or administrative action: means a judicial or administrative action brought under this chapter that results in a monetary sanction exceeding $50,000. See Utah Code 61-1-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
• Employee: means an individual who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 61-1-102
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Securities Investor Education, Training, and Enforcement Fund created in Section Utah Code 61-1-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Monetary sanction: means money required to be paid under this chapter as the result of a judicial or administrative action, including a penalty or disgorgement. See Utah Code 61-1-102
• Original information: means information that is:
       (5)(a) derived from the independent knowledge or analysis of an individual;
       (5)(b) not known to the division or commission from a source other than the individual; and
       (5)(c) unless the individual is the source of the information, not exclusively derived from:

            (5)(c)(i) an allegation made in a judicial or administrative hearing;

            (5)(c)(ii) a government report, hearing, audit, or investigation; or

            (5)(c)(iii) the media. See Utah Code 61-1-102
• Person: means :
            (1)(x)(i) an individual;
            (1)(x)(ii) a corporation;
            (1)(x)(iii) a partnership;
            (1)(x)(iv) a limited liability company;
            (1)(x)(v) an association;
            (1)(x)(vi) a joint-stock company;
            (1)(x)(vii) a joint venture;
            (1)(x)(viii) a trust where the interests of the beneficiaries are evidenced by a security;
            (1)(x)(ix) an unincorporated organization;
            (1)(x)(x) a government; or
            (1)(x)(xi) a political subdivision of a government. See Utah Code 61-1-13
• 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).
• Reporter: means an individual who provides original information relating to a violation in accordance with Section 61-1-103. See Utah Code 61-1-102
• State: means a state, territory, or possession of the United States, the District of Columbia, and Puerto Rico. See Utah Code 61-1-13
• 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