Terms Used In Utah Code > Title 67 > Chapter 20 - Volunteer Government Workers Act

• Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Agency: means :
       (1)(a) a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;
       (1)(b) a county, city, town, school district, or special improvement or taxing district; or
       (1)(c) any other political subdivision. See Utah Code 67-20-2
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compensatory service worker: means a person who performs a public service with or without compensation for an agency as a condition or part of the person's:
       (2)(a) incarceration;
       (2)(b) plea;
       (2)(c) sentence;
       (2)(d) diversion;
       (2)(e) probation; or
       (2)(f) parole. See Utah Code 67-20-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
• Continuing care contract: means a contract under which a provider provides continuing care to a resident. See Utah Code 31A-44-102
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• Entrance fee: includes a monthly fee, assessed at a rate that is greater than the value of the provider's monthly services, that a resident agrees to pay in exchange for acceptance into a facility or a promise of future monthly fees assessed at a rate that is less than the value of the services rendered. See Utah Code 31A-44-102
• Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• FLSA aggregate amount: means , except as otherwise required by the United States Department of Labor, the aggregate amount of nominal fees that a supervising agency may pay a volunteer, generally not exceeding 20% of the total compensation that the supervising agency would pay a full-time employee providing the same services as the volunteer. See Utah Code 67-20-2
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Ground lease: means a lease to a provider of the land and infrastructure improvements to the land on which a facility is located. See Utah Code 31A-44-102
• Ground lessor: means , for a facility subject to a ground lease, the owner and lessor of the land and infrastructure improvements to the land on which the facility is located. See Utah Code 31A-44-102
• Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
       (83)(a) a professional service;
       (83)(b) a personal service;
       (83)(c) a facility;
       (83)(d) equipment;
       (83)(e) a device;
       (83)(f) supplies; or
       (83)(g) medicine. See Utah Code 31A-1-301
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual: means a natural person. See Utah Code 31A-1-301
• Insolvent: means :
       (7)(a) having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute;
       (7)(b) being unable to pay debts as they become due; or
       (7)(c) being insolvent within the meaning of federal bankruptcy law. See Utah Code 31A-44-102
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• IRS aggregate amount: means the fixed or determinable income aggregate amount described in Utah Code 67-20-2
• Juror: A person who is on the jury.
• 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.
• Managed care organization: means :
       (2)(a) a managed care organization as that term is defined in Section 31A-1-301; and
       (2)(b) a third party administrator as that term is defined in Section 31A-1-301. See Utah Code 31A-45-102
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Nominal fee: means a fee described in Utah Code 67-20-2
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Provider: means :
            (9)(a)(i) the owner of a facility;
            (9)(a)(ii) a person, other than a resident, that claims a possessory interest in a facility; or
            (9)(a)(iii) a person who enters into a continuing care contract with a resident or potential resident. See Utah Code 31A-44-102
• Rate: means :
            (163)(a)(i) the cost of a given unit of insurance; or
            (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

                 (163)(a)(ii)(A) a single number; or

                 (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

                      (163)(a)(ii)(B)(I) expenses;

                      (163)(a)(ii)(B)(II) profit; and

                      (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
• Reasonable benefits: includes , in accordance with Utah Code 67-20-2
• 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.
• Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
• Summons: Another word for subpoena used by the criminal justice system.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2
• Volunteer facilitator: means a business or nonprofit organization that, from individuals who have a relationship with the business or nonprofit organization, such as membership or employment, provides volunteers to an agency or facilitates volunteers volunteering with an agency. See Utah Code 67-20-2
• Volunteer safety officer: means an individual who:
       (10)(a) provides services as a volunteer under the supervision of an agency; and
       (10)(b) at the time the individual provides the services to the supervising agency described in Subsection (10)(a), the individual is:

            (10)(b)(i) exercising peace officer authority as provided in Section 53-13-102; or

            (10)(b)(ii) if the supervising agency described in Subsection (10)(a) is a fire department:

                 (10)(b)(ii)(A) on the rolls of the supervising agency as a firefighter;

                 (10)(b)(ii)(B) not regularly employed as a firefighter by the supervising agency; and

                 (10)(b)(ii)(C) acting in a capacity that includes the responsibility for the extinguishment of fire. See Utah Code 67-20-2
• Volunteer search and rescue team member: means an individual who:
       (11)(a) provides services as a volunteer under the supervision of a county sheriff; and
       (11)(b) at the time the individual provides the services to the county sheriff described in Subsection (11)(a), is:

            (11)(b)(i) certified as a member of the county sheriff's search and rescue team; and

            (11)(b)(ii) acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2