Terms Used In Utah Code > Title 7 > Chapter 1 > Part 2 - Department of Financial Institutions

• 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.
• 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.
• Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102
• 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
• Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
• Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
• Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
• Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
• Certified applicator: means an individual who is licensed by the department to apply:
       (5)(a) a restricted use pesticide; or
       (5)(b) a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102
• Commission: means the county legislative body of each county of this state. See Utah Code 4-17-102
• Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102
• Commissioner: means the commissioner of agriculture and food or the commissioner's representative. See Utah Code 4-17-102
• Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• 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.
• control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
       (5)(a) direct or exercise a controlling influence over:

            (5)(a)(i) the management or policies of a financial institution; or

            (5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
       (5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County noxious weed: means any plant that is:
       (3)(a) not on the state noxious weed list;
       (3)(b) especially troublesome in a particular county; and
       (3)(c) declared by the county legislative body to be a noxious weed within the county. See Utah Code 4-17-102
• Credit union: means a cooperative, nonprofit association incorporated under:
       (6)(a) Chapter 9, Utah Credit Union Act; or
       (6)(b) Utah Code 7-1-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Department: means the Department of Agriculture and Food. See Utah Code 4-35-102
• Department: means the Department of Financial Institutions. See Utah Code 7-1-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribute: means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state. See Utah Code 4-14-102
• Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102
• Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102
• Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102
• Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102
• EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102
• 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 commission. See Utah Code 4-38-102
• Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103
• FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102
• Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Plant Pest Fund created by Section 4-35-106. See Utah Code 4-35-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means :
       (19)(a) a corporation;
       (19)(b) a limited liability company;
       (19)(c) a partnership;
       (19)(d) a trust;
       (19)(e) an association;
       (19)(f) a joint venture;
       (19)(g) a pool;
       (19)(h) a syndicate;
       (19)(i) an unincorporated organization; or
       (19)(j) any form of business entity. See Utah Code 7-1-103
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102
• 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
• 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.
• Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
• Man: means an adult human male. See Utah Code 68-3-12.5
• Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102
• Money services business: includes :
            (23)(a)(i) a check casher;
            (23)(a)(ii) a deferred deposit lender;
            (23)(a)(iii) an issuer or seller of traveler's checks or money orders; and
            (23)(a)(iv) a money transmitter. See Utah Code 7-1-103
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Natural flowing stream: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Natural lake: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Noxious weed: means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property. See Utah Code 4-17-102
• 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.
• Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
• Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Person: means :
       (27)(a) an individual;
       (27)(b) a corporation;
       (27)(c) a limited liability company;
       (27)(d) a partnership;
       (27)(e) a trust;
       (27)(f) an association;
       (27)(g) a joint venture;
       (27)(h) a pool;
       (27)(i) a syndicate;
       (27)(j) a sole proprietorship;
       (27)(k) an unincorporated organization; or
       (27)(l) any form of business entity. See Utah Code 7-1-103
• Pest: means :
            (24)(a)(i) any insect, rodent, nematode, fungus, weed; or
            (24)(a)(ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102
• Pesticide: means any:
       (25)(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;
       (25)(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;
       (25)(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and
       (25)(d) any other substance designated by the department by rule. See Utah Code 4-14-102
• Pesticide applicator: is a person who:
       (26)(a) applies or supervises the application of a pesticide; and
       (26)(b) is required by this chapter to have a license. See Utah Code 4-14-102
• Pesticide applicator business: means an entity that:
            (27)(a)(i) is authorized to do business in this state; and
            (27)(a)(ii) offers pesticide application services. See Utah Code 4-14-102
• Pesticide dealer: means any person who distributes restricted use pesticides. See Utah Code 4-14-102
• Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i). See Utah Code 4-35-102
• 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.
• Private fish pond: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103
• Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103
• Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102
• Quorum: The number of legislators that must be present to do business.
• Race meet: means the entire period of time for which a licensee has been approved to hold horse races. See Utah Code 4-38-102
• Racetrack facility: means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. See Utah Code 4-38-102
• Recognized race meet: means a race meet recognized by a national horse breed association. See Utah Code 4-38-102
• Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Restricted use pesticide: means :
       (31)(a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or
       (31)(b) any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner. See Utah Code 4-14-102
• Short-term fishing event: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102
• State: means , unless the context demands otherwise:
       (33)(a) a state;
       (33)(b) the District of Columbia; or
       (33)(c) the territories of the United States. See Utah Code 7-1-103
• 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
• Suspect domesticated elk: means a domesticated elk for which:
       (6)(a) the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:

            (6)(a)(i) unofficial test results;

            (6)(a)(ii) laboratory evidence; or

            (6)(a)(iii) clinical signs; and
       (6)(b) official laboratory results for a disease spreading pathogen:

            (6)(b)(i) are inconclusive; or

            (6)(b)(ii) have not been conducted. See Utah Code 4-39-102
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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