34-52-102.  Definitions.
     As used in this chapter:

(1)  “Applicant” means an individual who provides information to a public employer or private employer for the purpose of obtaining employment.

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Terms Used In Utah Code 34-52-102

  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: means :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Private employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-52-102
  • Public employer: means an employer that is:
(a) the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government;
(b) a state institution of higher education; or
(c) a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state. See Utah Code 34-52-102
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
    • (2) 

    (a)  “Criminal conviction” means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge.

    (b)  “Criminal conviction” does not include an expunged criminal conviction.

    (3)  “Juvenile adjudication” means:

    (a)  a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or

    (b)  an admission or plea of no contest under Section 80-6-306.

    (4)  “Mental health professional applicant” means an individual who:

    (a)  is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and

    (b)  provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act.

    (5) 

    (a)  “Private employer” means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.

    (b)  “Private employer” does not include a public employer.

    (6)  “Public employer” means an employer that is:

    (a)  the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government;

    (b)  a state institution of higher education; or

    (c)  a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state.

    Amended by Chapter 16, 2023 General Session
    Amended by Chapter 344, 2023 General Session

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