Terms Used In Utah Code > Title 9 > Chapter 8a > Part 5 - Historical Preservation 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
• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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
• Appropriation: means an allocation of money by the governing body for a specific purpose. See Utah Code 10-6-106
• Boxing: means the sport of attack and defense using the fist, which is covered by an approved boxing glove. See Utah Code 9-23-101
• Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
• Budget officer: means the city auditor in a city of the first and second class, the mayor or some person appointed by the mayor with the approval of the city council in a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government, or the person designated by the charter in a charter city. See Utah Code 10-6-106
• Budget period: means the fiscal period for which a budget is prepared. See Utah Code 10-6-106
• Center: means the National Main Street Center. See Utah Code 9-24-101
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Check: means an order in a specific amount drawn upon a depository by an authorized officer of a city. See Utah Code 10-6-106
• City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
• City general fund: means the general fund used by a city. See Utah Code 10-6-106
• Club fighting: means any contest of unarmed combat, whether admission is charged or not, where:
            (3)(a)(i) the rules of the contest are not approved by the commission;
            (3)(a)(ii) a licensed physician, osteopath, or physician assistant approved by the commission is not in attendance;
            (3)(a)(iii) a correct HIV negative test regarding each contestant has not been provided to the commission;
            (3)(a)(iv) the contest is not conducted in accordance with commission rules; or
            (3)(a)(v) the contestants are not matched by the weight standards established in accordance with Section 9-23-316. See Utah Code 9-23-101
• Commission: means the Pete Suazo Utah Athletic Commission created by this chapter. See Utah Code 9-23-101
• Computing partnerships: means a set of skills, knowledge, and aptitudes used in computer science, information technology, or computer engineering courses and career options. See Utah Code 9-22-102
• Contest: means a live match, performance, or exhibition involving two or more persons engaged in unarmed combat. See Utah Code 9-23-101
• Contestant: means an individual who participates in a contest. See Utah Code 9-23-101
• Contract: A legal written agreement that becomes binding when signed.
• Current period: means the fiscal period in which a budget is prepared and adopted, i. See Utah Code 10-6-106
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means any functional unit within a fund that carries on a specific activity, such as a fire or police department within a city general fund. See Utah Code 10-6-106
• Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Designated commission member: means a member of the commission designated to:
       (7)(a) attend and supervise a particular contest; and
       (7)(b) act on the behalf of the commission at a contest venue. See Utah Code 9-23-101
• Director: means the director appointed by the STEM board to oversee the administration of the STEM Action Center. See Utah Code 9-22-102
• Director: means the director appointed by the commission. See Utah Code 9-23-101
• Educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 9-22-102
• Elimination unarmed combat contest: means a contest where:
       (9)(a) a number of contestants participate in a tournament;
       (9)(b) the duration is not more than 48 hours; and
       (9)(c) the loser of each contest is eliminated from further competition. See Utah Code 9-23-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget period in each fund for which a budget is being prepared. See Utah Code 10-6-106
• 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 Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Exhibition: means an engagement in which the participants show or display their skills without necessarily striving to win. See Utah Code 9-23-101
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
• 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.
• Foundation: means a foundation established as described in Subsections 9-22-104(3) and (4). See Utah Code 9-22-102
• Fraud: Intentional deception resulting in injury to another.
• Fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5
• Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106
• Fund: means the STEM Action Center Foundation Fund created in Section 9-22-105. See Utah Code 9-22-102
• General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-6-106
• Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
• Grant program: means the Computing Partnerships Grants program created in this part. See Utah Code 9-22-102
• High quality professional development: means professional development that meets high quality standards developed by the State Board of Education. See Utah Code 9-22-102
• Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 9-22-102
• Judge: means an individual qualified by training or experience to:
       (11)(a) rate the performance of contestants;
       (11)(b) score a contest; and
       (11)(c) determine with other judges whether there is a winner of the contest or whether the contestants performed equally, resulting in a draw. See Utah Code 9-23-101
• 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
• Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 10-6-106
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means an individual licensed by the commission to act as a:
       (12)(a) contestant;
       (12)(b) judge;
       (12)(c) manager;
       (12)(d) promoter;
       (12)(e) referee;
       (12)(f) second; or
       (12)(g) other official established by the commission by rule. See Utah Code 9-23-101
• Man: means an adult human male. See Utah Code 68-3-12.5
• Manager: means an individual who represents a contestant for the purpose of:
       (13)(a) obtaining a contest for a contestant;
       (13)(b) negotiating terms and conditions of the contract under which the contestant will engage in a contest; or
       (13)(c) arranging for a second for the contestant at a contest. See Utah Code 9-23-101
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• 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.
• 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
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101
• Promoter: means a person who engages in producing or staging contests and promotions. See Utah Code 9-23-101
• Promotion: means a single contest or a combination of contests that:
       (15)(a) occur during the same time and at the same location; and
       (15)(b) is produced or staged by a promoter. See Utah Code 9-23-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Provider: means a provider selected on behalf of the STEM board by the staff of the STEM board and the staff of the State Board of Education:
       (10)(a) through a request for proposals process; or
       (10)(b) through a direct award or sole source procurement process for a pilot described in Section 9-22-107. See Utah Code 9-22-102
• Purse: means any money, prize, remuneration, or any other valuable consideration a contestant receives or may receive for participation in a contest. See Utah Code 9-23-101
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Referee: means an individual qualified by training or experience to act as the official attending a contest at the point of contact between contestants for the purpose of:
       (17)(a) enforcing the rules relating to the contest;
       (17)(b) stopping the contest in the event the health, safety, and welfare of a contestant or any other person in attendance at the contest is in jeopardy; and
       (17)(c) acting as a judge if so designated by the commission. See Utah Code 9-23-101
• Review committee: means the committee established under Section 9-22-114. See Utah Code 9-22-102
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Round: means one of a number of individual time periods that, taken together, constitute a contest during which contestants are engaged in a form of unarmed combat. See Utah Code 9-23-101
• Second: means an individual who attends a contestant at the site of the contest before, during, and after the contest in accordance with contest rules. See Utah Code 9-23-101
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Stacked credentials: means credentials that:
       (12)(a) an individual can build upon to access an advanced job or higher wage;
       (12)(b) are part of a career pathway system;
       (12)(c) provide a pathway culminating in the equivalent of an associate's or bachelor's degree;
       (12)(d) facilitate multiple exit and entry points; and
       (12)(e) recognize sub-goals or momentum points. See Utah Code 9-22-102
• 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.
• STEM: means science, technology, engineering, and mathematics. See Utah Code 9-22-102
• STEM Action Center: means the center described in Section 9-22-106. See Utah Code 9-22-102
• STEM board: means the STEM Action Center Board created in Section 9-22-103. See Utah Code 9-22-102
• Subpoena: A command to a witness to appear and give testimony.
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Ultimate fighting: means a live contest, whether or not an admission fee is charged, in which:
       (22)(a) contest rules permit contestants to use a combination of boxing, kicking, wrestling, hitting, punching, or other combative contact techniques;
       (22)(b) contest rules incorporate a formalized system of combative techniques against which a contestant's performance is judged to determine the prevailing contestant;
       (22)(c) contest rules divide nonchampionship contests into three equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round;
       (22)(d) contest rules divide championship contests into five equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round; and
       (22)(e) contest rules prohibit contestants from:

            (22)(e)(i) using anything that is not part of the human body, except for boxing gloves, to intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion of a projectile;

            (22)(e)(ii) striking a person who demonstrates an inability to protect himself from the advances of an opponent;

            (22)(e)(iii) biting; or

            (22)(e)(iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of the neck, and the rear area of the head and neck. See Utah Code 9-23-101
• Unarmed combat: means boxing or any other form of competition in which a blow is usually struck which may reasonably be expected to inflict bodily injury. See Utah Code 9-23-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful conduct: means organizing, promoting, or participating in a contest which involves contestants that are not licensed under this chapter. See Utah Code 9-23-101
• Unprofessional conduct: means :
       (25)(a) entering into a contract for a contest in bad faith;
       (25)(b) participating in any sham or fake contest;
       (25)(c) participating in a contest pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;
       (25)(d) engaging in an act or conduct that is detrimental to a contest, including any foul or unsportsmanlike conduct in connection with a contest;
       (25)(e) failing to comply with any limitation, restriction, or condition placed on a license;
       (25)(f) striking of a downed opponent by a contestant while the contestant remains on the contestant's feet, unless the designated commission member or director has exempted the contest and each contestant from the prohibition on striking a downed opponent before the start of the contest;
       (25)(g) after entering the ring or contest area, penetrating an area within four feet of an opponent by a contestant, manager, or second before the commencement of the contest; or
       (25)(h) as further defined by rules made by the commission under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 9-23-101
• Utility: means a utility owned by a city, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-6-106
• Venue: The geographical location in which a case is tried.
• Warrant: means an order drawn upon the city treasurer, in the absence of sufficient money in the city's depository, by an authorized officer of a city for the purpose of paying a specified amount out of the city treasury to the person named or to the bearer as money becomes available. See Utah Code 10-6-106
• White-collar contest: means a contest conducted at a training facility where no alcohol is served in which:
       (26)(a) for boxing:

            (26)(a)(i) neither contestant is or has been a licensed contestant in any state or an amateur registered with USA Boxing, Inc. See Utah Code 9-23-101
• 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