Utah Code > Title 10 > Chapter 5 – Uniform Fiscal Procedures Act for Utah Towns
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Terms Used In Utah Code > Title 10 > Chapter 5 - Uniform Fiscal Procedures Act for Utah Towns
- Abuse: means :
(a) knowingly or intentionally: (i) attempting to cause harm; (ii) causing harm; or (iii) placing another in fear of harm; (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult; (c) emotional or psychological abuse; (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or (e) deprivation of life sustaining treatment, or medical or mental health treatment, except: (i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or (ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201 - Accommodation: means :
(a) a hotel or motel room; (b) a condominium or cooperative unit; (c) a cabin; (d) a lodge; (e) an apartment; or (f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2 - Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 26B-4-701
- Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistance education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 26B-4-701
- 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 - Act: means the National Community and Service Trust Act of 1993, 42 U. See Utah Code 9-20-102
- ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
- ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
- Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
- Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 57-25-102
- 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
- Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Adult Autism Treatment Account: means the Adult Autism Treatment Account created in Section 26B-1-322. See Utah Code 26B-4-601
- Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
- Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
- advertising: means information provided by a medical cannabis pharmacy in any medium:
(a) to the public; and (b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201 - Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
- Advisory committee: means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424. See Utah Code 26B-4-601
- 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.
- Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- aged: means a person 60 years old or older. See Utah Code 26B-6-101
- Agency: means :
(a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and (b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3 - Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
- Agent: means a coach, teacher, employee, representative, or volunteer. See Utah Code 26B-4-401
- Aggrieved person: includes a person who:
(a) claims to have been injured by a discriminatory housing practice; or (b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2 - Allegation: something that someone says happened.
- Amateur sports organization: means , except as provided in Subsection (2)(b):
(i) a sports team; (ii) a public or private school; (iii) a public or private sports league; (iv) a public or private sports camp; or (v) any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26B-4-401 - 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 - Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
- 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.
- Amenities: means the following physical, recreational or social facilities located at a mobile home park:
(a) a club house; (b) a park; (c) a playground; (d) a swimming pool; (e) a hot tub; (f) a tennis court; or (g) a basketball court. See Utah Code 57-16-3 - Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
- 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.
- Antiquities Section: means the Antiquities Section of the Division of State History. See Utah Code 9-9-402
- 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
- Applied behavior analysis: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- 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
- Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-110(2)(j). See Utah Code 26B-5-301
- Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
- Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
- Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and (b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101 - Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and (b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101 - 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.
- Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
- 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 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.
- Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
- Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
- Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
- Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
- Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
- 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 - Asthma action plan: means a written plan:
(a) developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and (b) signed by the student's: (i) parent or guardian; and (ii) health care provider. See Utah Code 26B-4-401 - Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
- 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.
- Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
- Autism spectrum disorder: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- 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.
- 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
- Bequest: Property gifted by will.
- Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
- Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
- Business: means any lawful activity, excepting a farm operation, conducted primarily:
(a) for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (b) for the sale of services to the public; (c) by a nonprofit organization; or (d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3 - Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
- Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
- Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
- Cannabis: means marijuana. See Utah Code 26B-4-201
- Cannabis cultivation facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis product: means a product that:
(a) is intended for human use; and (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201 - Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
- Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
- 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 - Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102
- Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-4-701
- 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
- Change of use: means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. See Utah Code 57-16-3
- 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.
- Child: means an individual who is under the age of 18. See Utah Code 26B-4-401
- Child: means a person under 18 years old. See Utah Code 26B-5-401
- Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901
- 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 - Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
- Commission: means the Labor Commission. See Utah Code 57-21-2
- Commission: means the Utah Commission on Service and Volunteerism created in Section 9-20-201. See Utah Code 9-20-102
- Commission: means the Utah Multicultural Commission created in Section 9-21-301. See Utah Code 9-21-102
- Committee: means the State Emergency Medical Services Committee created by Section 26B-1-204. See Utah Code 26B-4-101
- Committee: means the Primary Care Grant Committee described in Section 26B-1-410. See Utah Code 26B-4-301
- 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 interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 57-25-102
- 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.
- Common-interest community: means :
(a) an association of unit owners, as defined in Section 57-8-3; (b) an association, as defined in Section 57-8a-102; or (c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101 - Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 26B-4-201
- Community mental health center: means an entity that provides treatment and services to a resident of a designated geographical area, that operates by or under contract with a local mental health authority, and that complies with state standards for community mental health centers. See Utah Code 26B-5-301
- 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 - Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
- Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
- 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
- Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
(a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property; (b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses; (c) protecting natural resources, including wetlands, grasslands, and riparian areas; (d) maintaining or enhancing air or water quality; (e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or (f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101 - conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
- Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
- 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
- Controlled substance: means the same as that term is defined in Title 58, Chapter 37, Utah Controlled Substances Act. See Utah Code 26B-4-501
- Controlled substance database: means the controlled substance database created in Section 58-37f-201. See Utah Code 26B-4-201
- 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.
- Cooperative: means a form of coownership of real estate in which:
(a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity; (b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and (c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument. See Utah Code 57-23-2 - Counterclaim: A claim that a defendant makes against a plaintiff.
- County legislative body: means :Utah Code 68-3-12.5
- Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Covered multifamily dwelling: means :
(a) a building consisting of four or more dwelling units if the building has one or more elevators; and (b) the ground floor units in other buildings consisting of four or more dwelling units. See Utah Code 57-21-2 - 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
- Criminal risk factors: means a person's characteristics and behaviors that:
(a) affect the person's risk of engaging in criminal behavior; and (b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in reduced risk of criminal behavior. See Utah Code 26B-5-101 - Critical access hospital: means a critical access hospital that meets the criteria of 42 U. See Utah Code 26B-4-501
- Cultural affiliation: means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. See Utah Code 9-9-402
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
- Day: means calendar day. See Utah Code 57-26-102
- 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.
- Delivery address: means :
(a) for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or (b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 26B-4-201 - Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
- Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
- Department of Transportation: means the Department of Transportation created in Section 72-1-201. See Utah Code 57-12-3
- 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
- Designated caregiver: means :
(a) an individual: (i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and (ii) who registers with the department under Section 26B-4-214; or (b) (i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or (ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). See Utah Code 26B-4-201 - Designated examiner: means :
(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or (b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of mental illness. See Utah Code 26B-5-301 - Designated facility: means :
(a) a freestanding urgent care center; (b) a general acute hospital; or (c) a critical access hospital. See Utah Code 26B-4-501 - Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
- Developer: means a person that:
(a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or (b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2 - Development: includes :
(i) a single-site development; or (ii) a multiple-site development. See Utah Code 57-19-2 - Devise: To gift property by will.
- 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
- Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
- Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
- Director: means the director of the Division of Indian Affairs. See Utah Code 9-9-402
- Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
- Director: means the director of the division. See Utah Code 57-19-2
- Director: means the director of the division. See Utah Code 26B-6-101
- Director: means the director of the division or a designee. See Utah Code 57-21-2
- Director: means the director of the Division of Multicultural Affairs. See Utah Code 9-21-102
- Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
- Disaster relief organization: means an entity that:
(a) provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners; (b) is designated or recognized as a provider of the services described in Subsection (1)(a) under a disaster response and recovery plan adopted by: (i) an agency of the federal government; (ii) the department; or (iii) a local health department; and (c) regularly plans and conducts its activities in coordination with: (i) an agency of the federal government; (ii) the department; or (iii) a local health department. See Utah Code 26B-4-801 - Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Discriminate: includes segregate or separate. See Utah Code 57-21-2
- Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispense: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
- Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3
- Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
- Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
- Division: means the Division of Indian Affairs. See Utah Code 9-9-402
- Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2
- Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 26B-4-501
- 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 created in Section 26B-1-202. See Utah Code 26B-5-101
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- 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 Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-23-2
- division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
- Division: means the Division of Multicultural Affairs created in Section 9-21-201. See Utah Code 9-21-102
- 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
- Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102
- Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
- Donor: The person who makes a gift.
- Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
- Dwelling: means :
(a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or (b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (14)(a). See Utah Code 57-21-2 - Easement: means a nonpossessory property interest that:
(a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and (b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101 - Easement holder: means :
(a) in the case of an appurtenant easement, the dominant estate owner; or (b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101 - Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
- Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201
- Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
- 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
- Emergency: means :
(a) a state of emergency declared by: (i) the president of the United States; (ii) the governor in accordance with 2; and (iii) the chief executive officer of a political subdivision in accordance with 2, for a local emergency; or (b) a public health emergency declared by: (i) the executive director through a public health order in accordance with this title; or (ii) a local health department for a location under the local health department's jurisdiction. See Utah Code 26B-4-801 - Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
- Emergency contraception: means the use of a substance, approved by the United States Food and Drug Administration, to prevent pregnancy after sexual intercourse. See Utah Code 26B-4-501
- 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 dispatch center: means a public safety answering point, as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by the office. See Utah Code 26B-4-301
- 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 - Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201
- Employee welfare benefit plan: means a medical insurance plan developed by an employer under 29 U. See Utah Code 26B-3-1001
- Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-5-102.5
- Entity: means a person other than an individual. See Utah Code 26B-4-801
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
- Environmental response project: means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
(a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code; (b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. See Utah Code 57-25-102 - Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 26B-4-401
- 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Essential treatment examiner: means :
(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or (b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder. See Utah Code 26B-5-501 - 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 Commerce. See Utah Code 57-19-2
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
- 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
- Exploitation: means an offense described in Section 76-5-111. See Utah Code 26B-6-201
- 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 - Familial status: means one or more individuals who have not attained the age of 18 years being domiciled with:
(i) a parent or another person having legal custody of the one or more individuals; or (ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. See Utah Code 57-21-2 - Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Utah Code 57-12-3
- Federal act: means the federal Interstate Land Sales Full Disclosure Act, 15 U. See Utah Code 57-11-2
- 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
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fees: means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. See Utah Code 57-16-3
- Fiduciary: A trustee, executor, or administrator.
- Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Utah Code 26B-4-201
- 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.
- Flag: means a depiction or emblem:
(i) (A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or (B) of the state flag of Utah as provided in Section 63G-1-501; (ii) made from fabric or cloth; and (iii) with measurements that do not exceed three feet by five feet. See Utah Code 57-24-101 - 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.
- Freestanding urgent care center: means the same as that term is defined in Section 59-12-801. See Utah Code 26B-4-501
- 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
- Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
- Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 57-21-2
- General acute hospital: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-4-501
- 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 10-5-102.5
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Government issued photo identification: means any of the following forms of identification:
(a) a valid state-issued driver license or identification card; (b) a valid United States federal-issued photo identification, including: (i) a United States passport; (ii) a United States passport card; (iii) a United States military identification card; or (iv) a permanent resident card or alien registration receipt card; or (c) a foreign passport. See Utah Code 26B-4-201 - Grantor: The person who establishes a trust and places property into it.
- 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
- Guardian: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201
- Harmful sexual conduct: means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l):
(a) sexual intercourse; (b) penetration, however slight, of the genital or anal opening of the individual; (c) any sexual act involving the genitals or anus of the actor or the individual and the mouth or anus of either individual, regardless of the gender of either participant; or (d) any sexual act causing substantial emotional injury or bodily pain. See Utah Code 26B-5-301 - Health care facility: means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health care agency, or another facility that provides or contracts to provide health care services, which facility is licensed under 2. See Utah Code 26B-4-501
- Health care professionals in training: means medical students and residents, advance practice nursing students, physician assistant students, doctor of pharmacy students, dental students, and registered nursing students. See Utah Code 26B-4-701
- Health care provider: means an individual who is licensed as:
(a) a physician under Title 58, Chapter 67, Utah Medical Practice Act; (b) a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (c) an advanced practice registered nurse under Section 58-31b-302; or (d) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-401 - Health care provider: means :
(a) a physician, as defined in Section 58-67-102; (b) an advanced practice registered nurse, as defined in Section 58-31b-102; (c) a physician assistant, as defined in Section 58-70a-102; or (d) an individual licensed to engage in the practice of dentistry, as defined in Section 58-69-102. See Utah Code 26B-4-501 - Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101
- Health facility: means an entity licensed under the laws of this or another state to provide health or veterinary services. See Utah Code 26B-4-801
- 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 practitioner: means an individual licensed under Utah law or another state to provide health or veterinary services. See Utah Code 26B-4-801
- Health services: means the provision of treatment, care, advice, guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
(a) the following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or (ii) counseling, assessment, procedures, or other services; (b) selling or dispensing a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (c) funeral, cremation, cemetery, or other mortuary services. See Utah Code 26B-4-801 - Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- high risk adult: means a person 18 years old or older who experiences a condition:
(a) that places the person at a high risk of being unable to care for themselves: (i) as determined by assessment; and (ii) due to the onset of a physical or cognitive impairment or frailty; and (b) for which the person is not eligible to receive services under: (i) 4; or (ii) Chapter 5, Health Care -- Substance Use and Mental Health. See Utah Code 26B-6-101 - Highway: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
- Highway: includes :Utah Code 68-3-12.5
- Holder: means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). See Utah Code 57-25-102
- Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
- Hospital: means a general acute hospital, as defined in Section 26B-2-201. See Utah Code 26B-4-701
- Human rights commission: means the Utah Martin Luther King, Jr. See Utah Code 9-21-102
- Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
- Incapacitated: means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305. See Utah Code 26B-6-301
- Increased risk: means risk exceeding the risk typically experienced by an individual who is not using, and is not likely to use, an opiate. See Utah Code 26B-4-501
- 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 third party: means a person that:
- Accommodation: means :