Utah Code > Title 16 > Chapter 10a > Part 7 – Shareholders
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Terms Used In Utah Code > Title 16 > Chapter 10a > Part 7 - Shareholders
- Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
- Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
- Access line: means a circuit-switched connection, or the functional equivalent of a circuit-switched connection, from an end-user to the public switched network. See Utah Code 54-8b-2
- Accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-701
- Acknowledged before me: means :
(a) that the person acknowledging appeared before the person taking the acknowledgment; (b) that he acknowledged he executed the document; (d) that the person taking the acknowledgment: (i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and (ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. See Utah Code 57-2a-2 - Activities of daily living: means essential activities including:
(a) dressing; (b) eating; (c) grooming; (d) bathing; (e) toileting; (f) ambulation; (g) transferring; and (h) self-administration of medication. See Utah Code 26B-2-201 - Address: includes :
(i) a post office box number; (ii) a rural free delivery route number; and (iii) a street name and number. See Utah Code 16-10a-102 - Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
- 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.
- Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Aggregator: means any person or entity that:
(i) is not a telecommunications corporation; (ii) in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and (iii) receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider. See Utah Code 54-8b-2 - Ambulance: means a ground, air, or water vehicle that:
(a) transports patients and is used to provide emergency medical services; and (b) is required to obtain a permit under Section 26B-4-118 to operate in the state. See Utah Code 26B-4-101 - Ambulance provider: means an emergency medical service provider that:
(a) transports and provides emergency medical care to patients; and (b) is required to obtain a license under Sections 26B-4-150 through 26B-4-170. See Utah Code 26B-4-101 - Ambulance service provider: means :
(a) an ambulance provider as defined in Section 26B-4-101; or (b) a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801 - Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201
- 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.
- Amortization: Paying off a loan by regular installments.
- Annualized billing period: means :
(a) a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or (b) an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. See Utah Code 54-15-102 - Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101
- Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
- Appraisal: A determination of property value.
- 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
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- Articles of incorporation: include :
(a) amended and restated articles of incorporation; (b) articles of merger; and (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 - Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501
- Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601
- Assessment: means the Medicaid hospital provider assessment established by this part. See Utah Code 26B-3-701
- Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801
- Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3
- Assessment: means any charge imposed by the association, including:
(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and (b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201
- Assisted living facility: means :
(i) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who: (A) require protected living arrangements; and (B) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and (ii) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201 - Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
- Associated with the licensee: means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or (ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101 - Association: means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9. See Utah Code 54-8a-2
- association: means all of the unit owners:
(a) acting as a group in accordance with the declaration and bylaws; or (b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3 - Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authorized person: means an employee or agent:
(a) of a public utility that: (i) generates, transmits, or delivers electricity; or (ii) provides and whose work relates to communication services; (b) of an industrial plant whose work relates to the electrical system of the industrial plant; (c) of a cable television or communication services company, or of a contractor of cable television or communication services company, if specifically and expressly authorized by the owner of the poles to make cable television or communication services attachments; or (d) of a state, county, or municipal agency which has or whose work relates to: (i) overhead electrical lines; (ii) overhead lighting systems; (iii) authorized overhead circuit construction; (iv) conductors on poles; or (v) structures of any type. See Utah Code 54-8c-1 - Auxiliary aids and services: means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual. See Utah Code 26B-2-301
- Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Basic residential service: means a local exchange service for a residential customer consisting of:
(a) a single line with access to the public switched network; (b) touch-tone or the functional equivalent; (c) local flat-rate unlimited usage, exclusive of extended area service; (d) single-party service; (e) a free phone number listing in directories received for free; (f) access to operator services; (g) access to directory assistance; (h) access to lifeline and telephone relay assistance; (i) access to 911 and E911 emergency services; (j) access to long-distance carriers; (k) access to toll limitations services; (l) other services as may be determined by the commission; and (m) no feature. See Utah Code 54-8b-2 - Behavioral emergency services: means delivering a behavioral health intervention to a patient in an emergency context within a scope and in accordance with guidelines established by the department. See Utah Code 26B-4-101
- 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
- Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 26B-3-1101
- Birthing center: means a facility that:
(a) receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and (b) (i) is freestanding; or (ii) is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201 - Blind: means an individual, or class of individuals, whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 55-5a-2
- Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
- Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2
- Boarding school: means a private school that:
(i) uses a regionally accredited education program; (ii) provides a residence to the school's students: (A) for the purpose of enabling the school's students to attend classes at the school; and (B) as an ancillary service to educating the students at the school; (iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and (iv) (A) does not provide the treatment or services described in Subsection (38)(a); or (B) provides the treatment or services described in Subsection (38)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101 - Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1
- Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
- Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
- Capacity building: means strengthening an individual's or a community's ability to participate in shared decision making. See Utah Code 26B-2-501
- Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401
- Care facility: means :
(a) a nursing facility; (b) an intermediate care facility for an individual with an intellectual disability; or (c) any other medical institution. See Utah Code 26B-3-1001 - Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401
- Certificate: means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. See Utah Code 54-8b-2
- Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
- Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301
- Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401
- Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901
- Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
- Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Child care: means continuous care and supervision of a qualifying child, that is:
(a) in lieu of care ordinarily provided by a parent in the parent's home; (b) for less than 24 hours a day; and (c) for direct or indirect compensation. See Utah Code 26B-2-401 - Child care program: means a child care facility or program operated by a regulated provider. See Utah Code 26B-2-401
- Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child; (b) placing the child in a home for adoption; or (c) foster home placement. See Utah Code 26B-2-101 - Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Claim: means :
(a) a request or demand for payment; or (b) a cause of action for money or damages arising under any law. See Utah Code 26B-3-1001 - Claim: means any request or demand for money or property:
(a) made to any: (i) employee, officer, or agent of the state; (ii) contractor with the state; or (iii) grantee or other recipient, whether or not under contract with the state; and (b) if: (i) any portion of the money or property requested or demanded was issued from or provided by the state; or (ii) the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 26B-3-1101 - Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
- Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Commissioner: means a member of the commission. See Utah Code 54-2-1
- Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201
- Committee: means the State Emergency Medical Services Committee created by Section 26B-1-204. See Utah Code 26B-4-101
- Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Common expenses: means :
(a) all sums lawfully assessed against the unit owners; (b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities; (c) expenses agreed upon as common expenses by the association of unit owners; and (d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3 - Common facilities: means all works and facilities:
(a) owned or used by two or more public power entities or power utilities; and (b) necessary to the generation, transmission, or distribution of electric power and energy. See Utah Code 54-9-102 - 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.
- Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3
- Community health worker: means an individual who:
(a) works to improve a social determinant of health; (b) acts as an intermediary between a community and health services or social services to: (i) facilitate access to services; or (ii) improve the quality and cultural competence of service delivery; and (c) increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities. See Utah Code 26B-2-501 - Community paramedicine: means medical care:
(a) provided by emergency medical service personnel; and (b) provided to a patient who is not: (i) in need of ambulance transportation; or (ii) located in a health care facility as defined in Section 26B-2-201. See Utah Code 26B-4-101 - Compendia: means resources widely accepted by the medical profession in the efficacious use of drugs, including "American Hospital Formulary Service Drug Information" "U. See Utah Code 26B-3-301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
- Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
- Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
- Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
- Congregate care program: means any of the following that provide services to a child:
(i) an outdoor youth program; (ii) a residential support program; (iii) a residential treatment program; or (iv) a therapeutic school. See Utah Code 26B-2-101 - Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201
- Consumer price index: means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-23-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
- conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3
- Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
- Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
- Conviction: A judgement of guilt against a criminal defendant.
- Core-skill training: means :
(a) 90 hours of competency-based education; and (b) 300 hours of community involvement as determined by the department through rule. See Utah Code 26B-2-501 - 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.
- Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
- Counseling: means the activities conducted by a pharmacist to inform Medicaid recipients about the proper use of drugs, as required by the board under this part. See Utah Code 26B-3-301
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Criteria: means those predetermined and explicitly accepted elements used to measure drug use on an ongoing basis in order to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes. See Utah Code 26B-3-301
- Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
(i) at an angle between 80 degrees and 100 degrees; (ii) with a minimum depth of: (A) 10 feet below rail level for nonhorizontal directional drilling; or (B) 15 feet below rail for horizontal directional drilling; and (iii) within a county that is not a county of the first class. See Utah Code 54-23-102 - Customer-generated electricity: means electricity that:
(a) is generated by a customer generation system for a customer participating in a net metering program; (b) exceeds the electricity the customer needs for the customer's own use; and (c) is supplied to the electrical corporation administering the net metering program. See Utah Code 54-15-102 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
- Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
- Department contractor: means an individual who:
(a) provides services under a contract with the department; and (b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101 - Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
- Dependent: A person dependent for support upon another.
- Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
- Devise: To gift property by will.
- Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601
- Direct access: means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or (b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101 - Direct labor: means work required for preparation, processing and packing, other than supervision, administration, inspection, or shipping. See Utah Code 55-5a-2
- Direct medical observation: means in-person observation of a patient by a physician, registered nurse, physician's assistant, or individual licensed under Section 26B-4-116. See Utah Code 26B-4-101
- Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background screening approval issued by the office. See Utah Code 26B-2-101
- Director: means the director of the office. See Utah Code 26B-2-101
- Discharges: means the number of total hospital discharges reported on:
(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-501 - Discharges: means the number of total hospital discharges reported on:
(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-601 - Discharges: means the number of total hospital discharges reported on Worksheet S-3 Part I, column 15, lines 12, 14, and 14. See Utah Code 26B-3-701
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or (ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102 - Division: means the Division of Customer Experience. See Utah Code 26B-2-301
- Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601
- Division: means the Division of Integrated Healthcare of the department. See Utah Code 26B-3-701
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-801
- Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
- Docket: A log containing brief entries of court proceedings.
- Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
- Donor: The person who makes a gift.
- DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301
- education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
- Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
- Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3
- Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1
- Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
- Eligible child: means a child who qualifies for enrollment in the program as provided in Section 26B-3-903. See Utah Code 26B-3-901
- Eligible customer: means a person who:
(a) on December 31, 2013: (i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and (ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and (b) produces electricity: (i) from a qualifying power production facility for sale to a public utility in this state; (ii) primarily for the eligible customer's own use; or (iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1 - Eligible facility: means a facility that uses energy derived from one of the following to generate electricity:
(a) solar photovoltaic and solar thermal energy; (b) wind energy; (c) hydrogen; (d) organic waste; (e) hydroelectric energy; (f) waste gas and waste heat capture or recovery; (g) biomass and biomass byproducts, except for the combustion of: (i) wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or (ii) municipal waste in a solid form; (h) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (i) agricultural residues; (j) dedicated energy crops; (k) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or (l) geothermal energy. See Utah Code 54-15-102 - Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2
- Emergency medical condition: means :
(a) a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in: (i) placing the individual's health in serious jeopardy; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily organ or part; or (b) a medical condition that in the opinion of a physician or the physician's designee requires direct medical observation during transport or may require the intervention of an individual licensed under Section 26B-4-116 during transport. See Utah Code 26B-4-101 - Emergency medical service personnel: includes a paramedic, medical director of a licensed emergency medical service provider, emergency medical service instructor, behavioral emergency services technician, other categories established by the committee, and a certified emergency medical dispatcher. See Utah Code 26B-4-101
- Emergency medical service providers: means :
(a) licensed ambulance providers and paramedic providers; (b) a facility or provider that is required to be designated under Subsection 26B-4-117(1)(a); and (c) emergency medical service personnel. See Utah Code 26B-4-101 - Emergency medical services: means :
(a) medical services; (b) transportation services; (c) behavioral emergency services; or (d) any combination of the services described in Subsections (11)(a) through (c). See Utah Code 26B-4-101 - Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
- Employee welfare benefit plan: means a medical insurance plan developed by an employer under 29 U. See Utah Code 26B-3-1001
- End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
- Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26B-3-211. See Utah Code 26B-3-501
- 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.
- Entity: includes :
(a) a domestic and foreign corporation; (b) a nonprofit corporation; (c) a limited liability company; (d) a profit or nonprofit unincorporated association; (e) a business trust; (f) an estate; (g) a partnership; (h) a trust; (i) two or more persons having a joint or common economic interest; (j) a state; (k) the United States; and (l) a foreign government. See Utah Code 16-10a-102 - Equipment package: means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. See Utah Code 54-15-102
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- excavation: means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, or explosives. See Utah Code 54-8a-2
- Excavator: means any person or entity that excavates or conducts excavation activities. See Utah Code 54-8a-2
- Excess customer-generated electricity: means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. See Utah Code 54-15-102
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-2-401
- Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
- Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- false representation: means a wholly or partially untrue statement or representation which is:
(a) knowingly made; and (b) a material fact with respect to the claim. See Utah Code 26B-3-1101 - Feature: means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. See Utah Code 54-8b-2
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
- 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.
- Food service: includes restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with them. See Utah Code 55-5-6
- 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
- Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
- Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6). See Utah Code 26B-1-501
- Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
- Fraud: Intentional deception resulting in injury to another.
- Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201
- Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
(a) gas is made or produced on, and distributed by the maker or producer through, private property: (i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and (ii) not for sale to others; (b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or (c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1 - General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing authority: means :
(a) for a distribution electrical cooperative, its board of directors; and (b) for each other electrical corporation, the Public Service Commission. See Utah Code 54-15-102 - Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3
- Government agency: means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities. See Utah Code 26B-2-301
- Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201
- Grantor: The person who establishes a trust and places property into it.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Health benefit plan: means the same as that term is defined in Section 31A-22-634. See Utah Code 26B-2-101
- Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
- Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101
- Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-2-101
- Health coverage improvement program: means the health coverage improvement program described in Section 26B-3-207. See Utah Code 26B-3-501
- Health insurance entity: means :
(a) an insurer; (b) a person who administers, manages, provides, offers, sells, carries, or underwrites health insurance, as defined in Section 31A-1-301; (c) a self-insured plan; (d) a group health plan, as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974; (e) a service benefit plan; (f) a managed care organization; (g) a pharmacy benefit manager; (h) an employee welfare benefit plan; or (i) a person who is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. See Utah Code 26B-3-1001 - Health insurer: means the same as that term is defined in Section 31A-22-615. See Utah Code 26B-2-101
- Health maintenance organization: means an organization, organized under the laws of any state which:
(a) is a qualified health maintenance organization under 42 U. See Utah Code 26B-2-201 - Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1
- High voltage: means voltage in excess of 600 volts measured between:
(a) conductors; or (b) a conductor and the ground. See Utah Code 54-8c-1 - Highway: includes :Utah Code 68-3-12.5
- Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
- Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
- Hospital share: means the hospital share described in Section 26B-3-505. See Utah Code 26B-3-501
- Hospital share: means the hospital share described in Section 26B-3-605. See Utah Code 26B-3-601
- Human services program: means :
(i) a foster home; (ii) a therapeutic school; (iii) a youth program; (iv) an outdoor youth program; (v) a residential treatment program; (vi) a residential support program; (vii) a resource family home; (viii) a recovery residence; or (ix) a facility or program that provides: (A) adult day care; (B) day treatment; (C) outpatient treatment; (D) domestic violence treatment; (E) child-placing services; (F) social detoxification; or (G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101 - Human waste: means excrement, feces, gray water, or other waste material discharged from the human body. See Utah Code 56-3-1
- Incarcerated mother: means the same as that term is defined in Section 64-13-46. See Utah Code 26B-1-434
- Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2
- 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
- Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
- Independent third party: means a person that:
(a) is not related to the unit owner; (b) shares no pecuniary interests with the unit owner; and (c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3 - Indian child: means the same as that term is defined in 25 U. See Utah Code 26B-2-101
- Indian country: means the same as that term is defined in 18 U. See Utah Code 26B-2-101
- Indian tribe: means the same as that term is defined in 25 U. See Utah Code 26B-2-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
- Insurer: includes :
(a) a group health plan as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974; (b) a health maintenance organization; and (c) any entity offering a health service benefit plan. See Utah Code 26B-3-1001 - Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
- Inter vivos: Transfer of property from one living person to another living person.
- Interested party: means :
(a) a licensed or designated emergency medical services provider that provides emergency medical services within or in an area that abuts an exclusive geographic service area that is the subject of an application submitted pursuant to Sections 26B-4-150 through 26B-4-170; (b) any municipality, county, or fire district that lies within or abuts a geographic service area that is the subject of an application submitted pursuant to Sections 26B-4-150 through 26B-4-170; or (c) the department when acting in the interest of the public. See Utah Code 26B-4-101 - Intermediate care facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
- Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
- Intervention: means a form of communication utilized by the board with a prescriber or pharmacist to inform about or influence prescribing or dispensing practices. See Utah Code 26B-3-301
- Intestate: Dying without leaving a will.
- Inverter: means a device that:
(a) converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and (b) has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102 - Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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 :Utah Code 68-3-12.5
- Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
- Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
- 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
- Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Level of service: means the level at which an ambulance provider type of service is licensed as:
(a) emergency medical technician; (b) advanced emergency medical technician; or (c) paramedic. See Utah Code 26B-4-101 - Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401
- Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
- Licensing committee: means the Child Care Provider Licensing Committee created in Section 26B-1-204. See Utah Code 26B-2-401
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local exchange service: means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Utah Code 54-8b-2
- Local government: means a city, town, metro township, or county. See Utah Code 26B-2-101
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1
- Location: means the site of a proposed area of excavation described:
(a) (i) by street address, if available; (ii) by the area at that street address to be excavated; and (iii) as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or (b) if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. See Utah Code 54-8a-2 - Location request assignment: means a number assigned to a proposed excavation by an association or operator upon receiving notice of the proposed excavation from the excavator. See Utah Code 54-8a-2
- long-run: means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable. See Utah Code 54-8b-2
- Long-term care facility: means :
(i) a skilled nursing facility; (ii) except as provided in Subsection (6)(b), an intermediate care facility; (iii) a nursing home; (iv) a small health care facility; (v) a small health care facility type N; or (vi) an assisted living facility. See Utah Code 26B-2-301 - Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
- Means of electronic communication: includes :
- Activities of daily living: means essential activities including: