Terms Used In Utah Code > Title 73 > Chapter 18 - State Boating 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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adverse action: means :
            (1)(a)(i) an action that results in:

                 (1)(a)(i)(A) the refusal to hire a potential employee; or

                 (1)(a)(i)(B) the termination of employment, demotion, or reduction of wages of an employee; or
            (1)(a)(ii) a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee. See Utah Code 34-56-101
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Anchored: means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline. See Utah Code 73-18-2
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
• Award: means a final order of the commission as to the amount of compensation due:
            (1)(b)(i) an injured employee; or
            (1)(b)(ii) a dependent of a deceased employee. See Utah Code 34A-2-102
• Beached: means that a vessel's hull is resting on the bed or shoreline of a waterbody. See Utah Code 73-18-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Boat livery: means a person that holds a vessel for renting or leasing. See Utah Code 73-18-2
• Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
• Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2
• Child: includes :
            (2)(b)(i) a posthumous child; or
            (2)(b)(ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
• Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
• 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.
• Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consideration: means something of value given or done in exchange for something given or done by another. See Utah Code 73-18-2
• 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.
• Dealer: means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale. See Utah Code 73-18-2
• Dependent: A person dependent for support upon another.
• Digital application: means an Internet-connected software application that a person uses to obtain or provide a remote service. See Utah Code 34-53a-102
• Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
• Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
• Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
• Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-54-102
• Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
• Docket: A log containing brief entries of court proceedings.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means an individual suffered or permitted to work by an employer. See Utah Code 34-56-101
• Employer: means , except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals. See Utah Code 34-54-102
• employer: includes a federal contractor. See Utah Code 34-56-101
• Employment certification form: means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program. See Utah Code 34-54-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Ex officio: Literally, by virtue of one's office.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Governmental entity: means :
       (6)(a) an executive branch agency as defined in Section 63A-16-102;
       (6)(b) the legislative branch;
       (6)(c) the judicial branch;
       (6)(d) the State Board of Education;
       (6)(e) the Utah Board of Higher Education;
       (6)(f) an institution of higher education; and
       (6)(g) a political subdivision of the state:

            (6)(g)(i) as defined in Section 17B-1-102; and

            (6)(g)(ii) including a school district. See Utah Code 34-56-101
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Hiring party: means a person who hires or enters into a contract with an independent contractor. See Utah Code 34-57-101
• Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
• Independent contractor: means the same as that term is defined in Section 34A-2-103. See Utah Code 34-57-101
• 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
• LEA: means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. See Utah Code 34-54-102
• 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.
• Marketplace company: means a person that:
       (2)(a) offers a digital application to the public; and
       (2)(b) accepts requests for remote services exclusively through the person's digital application. See Utah Code 34-53a-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Moored: means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency. See Utah Code 73-18-2
• Motor carrier: means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. See Utah Code 34A-2-104
• Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. See Utah Code 34A-2-104
• Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2
• Nurse practitioner: means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act. See Utah Code 34-56-101
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• 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.
• Occupational accident related insurance: means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii):
            (7)(c)(i) disability benefits;
            (7)(c)(ii) death benefits; and
            (7)(c)(iii) medical expense benefits, which include:

                 (7)(c)(iii)(A) hospital coverage;

                 (7)(c)(iii)(B) surgical coverage;

                 (7)(c)(iii)(C) prescription drug coverage; and

                 (7)(c)(iii)(D) dental coverage. See Utah Code 34A-2-104
• Operate: means to navigate, control, or otherwise use a vessel. See Utah Code 73-18-2
• Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2
• 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: 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
• Personal watercraft: means a motorboat that is:
       (16)(a) less than 16 feet in length;
       (16)(b) propelled by a water jet pump; and
       (16)(c) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. See Utah Code 73-18-2
• Physician: means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 34-56-101
• Physician assistant: means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 34-56-101
• Portable benefit plan: means a group that:
       (3)(a) offers an insurance product regulated by:

            (3)(a)(i) Title 31A, Insurance Code; or

            (3)(a)(ii) Title 35A, Chapter 4, Employment Security Act; and
       (3)(b) is assigned to an individual beneficiary and is not associated with a specific employer or hiring party. See Utah Code 34-57-101
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary care provider: means a nurse practitioner, physician, or physician assistant. See Utah Code 34-56-101
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public Service Loan Forgiveness Program: means the Public Service Loan Forgiveness Program described in Utah Code 34-54-102
• Public service organization: means the same as that term is defined in Utah Code 34-54-102
• Quorum: The number of legislators that must be present to do business.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Remote service: includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application. See Utah Code 34-53a-102
• Remote-service contractor: means a person who uses a marketplace company's digital application to provide a remote service to another person. See Utah Code 34-53a-102
• Sailboat: means any vessel having one or more sails and propelled by wind. See Utah Code 73-18-2
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. 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
• Statute: A law passed by a legislature.
• Student loan forgiveness program: means :
       (7)(a) the Public Service Loan Forgiveness Program; or
       (7)(b) the Teacher Loan Forgiveness Program. See Utah Code 34-54-102
• Subpoena: A command to a witness to appear and give testimony.
• Teacher: means the same as that term is defined in Utah Code 34-54-102
• Teacher Loan Forgiveness Program: means the Teacher Loan Forgiveness Program described in Utah Code 34-54-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2
• Wakeless speed: means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel. See Utah Code 73-18-2
• Waters of this state: means any waters within the territorial limits of this state. See Utah Code 73-18-2
• Workplace: means the same as that term is defined in Section 34A-6-103. See Utah Code 34-56-101
• 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