§ 10-6-101 Short title
§ 10-6-102 Legislative intent — Purpose of chapter
§ 10-6-103 Applicability
§ 10-6-104 Withholding of state money from cities not filing budget or complying with reporting or auditing requirements
§ 10-6-105 Fiscal period — Annual or biennial
§ 10-6-106 Definitions
§ 10-6-107 Uniform accounting system
§ 10-6-108 Funds and account groups maintained
§ 10-6-109 Budget required for certain funds — Capital projects fund budget
§ 10-6-110 Budget — Contents — Total of revenues to equal expenditures
§ 10-6-111 Tentative budget to be prepared — Contents — Estimate of expenditures — Budget message — Review by governing body
§ 10-6-112 Tentative budget and data — Availability for public inspection
§ 10-6-113 Budget — Notice of hearing to consider adoption
§ 10-6-114 Budget — Public hearing on tentatively adopted budget
§ 10-6-115 Budget — Continuing authority of governing body
§ 10-6-116 Accumulated fund balances — Limitations — Excess balances — Unanticipated excess of revenues — Reserves for capital improvements
§ 10-6-117 Appropriations not to exceed estimated expendable revenue — Appropriations for existing deficits
§ 10-6-118 Adoption of final budget — Certification and filing
§ 10-6-119 Budgets in effect for budget period — Amendment — Filing for public inspection
§ 10-6-120 Property tax levy — Amount in budget as basis for determining
§ 10-6-121 Departmental expenditures — Encumbrances — Purchase order
§ 10-6-122 Purchasing procedures and file of bids received and proof of advertisement — Time for keeping
§ 10-6-123 Expenditures or encumbrances in excess of appropriations prohibited — Processing claims
§ 10-6-124 Transfer of appropriation balance between accounts — Excess expenditure within departments
§ 10-6-125 Transfer of appropriation balance between departments in same fund
§ 10-6-126 Reduction of total budget appropriation of department by resolution — Notice to governing body
§ 10-6-127 Review of individual fund budgets — Hearing
§ 10-6-128 Amendment and increase of individual fund budgets
§ 10-6-129 Emergency expenditures
§ 10-6-130 Lapse of appropriations — Exceptions
§ 10-6-131 Transfer of balances in special funds
§ 10-6-132 Loans by one fund to another — Acquiring bonds for investment
§ 10-6-133 Property tax levy — Time for setting — Computation of total levy — Apportionment of proceeds — Maximum levy
§ 10-6-133.4 Property taxes levied for specified services — Special revenue fund — Limitations on use — Collection, accounting, and expenditures
§ 10-6-133.5 Property tax levy for culinary water, wastewater treatment, hospitals, recreational facilities, and libraries
§ 10-6-134 Certification of ordinance or resolution setting levy
§ 10-6-135 Operating and capital budgets
§ 10-6-135.5 Transfer of enterprise fund money to another fund — Notice
§ 10-6-136 Increase in appropriations for operating and capital budget funds — Notice
§ 10-6-137 City recorder — Office — Meetings and records — Certified records as evidence
§ 10-6-138 City recorder to countersign contracts — Indexed record of contracts
§ 10-6-139 City auditor or recorder — Bookkeeping duties — Duties with respect to payment of claims
§ 10-6-140 Warrants for payment of claims
§ 10-6-141 City treasurer — Duties generally
§ 10-6-142 City treasurer — Receipts for payment
§ 10-6-143 City treasurer or deputy — Duties with respect to issuance of checks
§ 10-6-144 City treasurer — Warrants — Order of payment
§ 10-6-145 City treasurer — Special assessments — Application of proceeds
§ 10-6-146 City treasurer — Deposit of city funds — Commingling with personal funds unlawful — Suspension from office
§ 10-6-147 Quarterly financial reports — First and second class cities
§ 10-6-148 Monthly and quarterly financial reports — Cities of the third, fourth, and fifth class
§ 10-6-150 Annual financial reports — Independent audit reports
§ 10-6-151 Independent audit requirements
§ 10-6-152 Notice that audit completed and available for inspection
§ 10-6-154 Duties of state auditor — Adoption and expansion of uniform system
§ 10-6-156 State auditor to evaluate fiscal practices
§ 10-6-157 Director of finance in certain cities and towns
§ 10-6-158 Financial administration ordinance — Adoption — Purpose
§ 10-6-159 Financial administration ordinance — Provisions
§ 10-6-160 Fees collected for construction approval — Approval of plans

Terms Used In Utah Code > Title 10 > Chapter 6 - Uniform Fiscal Procedures Act for Utah Cities

  • Accident and health insurance: means insurance to provide protection against economic losses resulting from:
    (i) a medical condition including:
    (A) a medical care expense; or
    (B) the risk of disability;
    (ii) accident; or
    (iii) sickness. See Utah Code 31A-1-301
  • Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. See Utah Code 26B-9-101
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Adjudicative proceeding: means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 26B-9-201
  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
    (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
    (ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2
  • Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
  • Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
  • Adult: means an individual who is at least 18 years old. See Utah Code 26B-8-301
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Agent: means an individual:
    (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
    (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26B-8-301
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
  • Agricultural tourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
  • Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
  • Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agricultural tourism activity. See Utah Code 26B-7-401
  • Agritourism food establishment permit: means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment. See Utah Code 26B-7-401
  • Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
  • Allegation: something that someone says happened.
  • 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.
  • Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26B-8-301
  • 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.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • 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.
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Appropriation: means an allocation of money by the governing body for a specific purpose. See Utah Code 10-6-106
  • 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
  • Arrears: means the same as support debt. See Utah Code 26B-9-201
  • Arrest: Taking physical custody of a person by lawful authority.
  • ASHA: means the American Speech-Language-Hearing Association. See Utah Code 58-41-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means public assistance. See Utah Code 26B-9-101
  • Assistance: means public assistance as defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Association: means the Utah Speech-Language-Hearing Association. See Utah Code 58-41-2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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.
  • Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2
  • Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 58-41-2
  • Audiology aide: means an individual who:
    (a) meets the minimum qualifications established by the board for audiology aides. See Utah Code 58-41-2
  • authorized insurer: means an insurer:
    (i) holding a valid certificate of authority to do an insurance business in this state; and
    (ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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
  • Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
  • Biological sex at birth: means an individual's sex, as being male or female,
    according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101
  • Bioterrorism: means :
    (a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
    (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301
  • Board: means the Speech-language Pathology and Audiology Licensing Board created under Section 58-41-6. See Utah Code 58-41-2
  • Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
  • Board: means the Respiratory Care Licensing Board created in Section 58-57-3. See Utah Code 58-57-2
  • Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
  • Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Bona fide office: means a physical office in this state:
    (a) that is open to the public;
    (b) that is staffed during regular business hours on regular business days; and
    (c) at which the public may appear in person to obtain services. See Utah Code 31A-1-301
  • Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
  • Boxing: means the sport of attack and defense using the fist, which is covered by an approved boxing glove. See Utah Code 9-23-101
  • Brain injury: means an acquired injury to the brain that is neurological in nature, including a cerebral vascular accident. See Utah Code 26B-6-401
  • Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
  • Budget officer: means the city auditor in a city of the first and second class, the mayor or some person appointed by the mayor with the approval of the city council in a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government, or the person designated by the charter in a charter city. See Utah Code 10-6-106
  • Budget period: means the fiscal period for which a budget is prepared. See Utah Code 10-6-106
  • Business entity: means :
    (a) a corporation;
    (b) an association;
    (c) a partnership;
    (d) a limited liability company;
    (e) a limited liability partnership; or
    (f) another legal entity. See Utah Code 31A-1-301
  • business of insurance: includes :
    (a) providing health care insurance by an organization that is or is required to be licensed under this title;
    (b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:
    (i) by a single employer or by multiple employer groups; or
    (ii) through one or more trusts, associations, or other entities;
    (c) providing an annuity:
    (i) including an annuity issued in return for a gift; and
    (ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
    (d) providing the characteristic services of a motor club;
    (e) providing another person with insurance;
    (f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
    (g) transacting or proposing to transact any phase of title insurance, including:
    (i) solicitation;
    (ii) negotiation preliminary to execution;
    (iii) execution of a contract of title insurance;
    (iv) insuring; and
    (v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
    (h) transacting or proposing a life settlement; and
    (i) doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
  • Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
    (a) Section 31A-8-205; or
    (b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
  • Captive insurance company: means :
    (a) an insurer:
    (i) owned by a parent organization; and
    (ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
    (A) Chapter 37, Captive Insurance Companies Act; and
    (B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
    (b) in the case of a group or association, an insurer:
    (i) owned by the insureds; and
    (ii) whose purpose is to insure risks of:
    (A) a member organization;
    (B) a group member; or
    (C) an affiliate of:
    (I) a member organization; or
    (II) a group member. See Utah Code 31A-1-301
  • Carrier: means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. See Utah Code 26B-7-201
  • Casualty insurance: means liability insurance. See Utah Code 31A-1-301
  • CCC: means the certificate of clinical competence awarded by the American Speech-Language-Hearing Association. See Utah Code 58-41-2
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Certified dietitian: means a person who is certified by the division as meeting the certification requirements provided in this chapter. See Utah Code 58-49-2
  • Certified food safety manager: means a manager of a food service establishment who:
    (a) passes successfully a department-approved examination;
    (b) successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and
    (c) submits to the appropriate local health department the documentation required by Section 26B-7-412. See Utah Code 26B-7-401
  • Certified nurse midwife: means an individual who:
    (a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and
    (b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Check: means an order in a specific amount drawn upon a depository by an authorized officer of a city. See Utah Code 10-6-106
  • Child: means :
    (a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
    (b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
    (c) a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201
  • Child: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301
  • Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
  • Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201
  • Child support: includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support. See Utah Code 26B-9-301
  • Child support: is a s defined in Section 26B-9-301. See Utah Code 26B-9-501
  • Child support guidelines: means guidelines as defined in Section 78B-12-102. See Utah Code 26B-9-201
  • Child support order: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201
  • Child support order: means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a tribunal for child support and related costs and fees, interest and penalties, income withholding, attorney fees, and other relief. See Utah Code 26B-9-301
  • Child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U. See Utah Code 26B-9-101
  • Child support services: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • City general fund: means the general fund used by a city. See Utah Code 10-6-106
  • Claims-made coverage: means an insurance contract or provision limiting coverage under a policy insuring against legal liability to claims that are first made against the insured while the policy is in force. See Utah Code 31A-1-301
  • Clandestine laboratory operation: means the:
    (i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;
    (ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;
    (iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;
    (iv) activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;
    (v) illegal manufacture of specified controlled substances; or
    (vi) distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Club fighting: means any contest of unarmed combat, whether admission is charged or not, where:
    (i) the rules of the contest are not approved by the commission;
    (ii) a licensed physician, osteopath, or physician assistant approved by the commission is not in attendance;
    (iii) a correct HIV negative test regarding each contestant has not been provided to the commission;
    (iv) the contest is not conducted in accordance with commission rules; or
    (v) the contestants are not matched by the weight standards established in accordance with Section 9-23-316. See Utah Code 9-23-101
  • Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-2-402
  • Commission: means the Utah Multicultural Commission created in Section 9-21-301. See Utah Code 9-21-102
  • Commission: means the Pete Suazo Utah Athletic Commission created by this chapter. See Utah Code 9-23-101
  • Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2
  • commissioner of insurance: means Utah's insurance commissioner. See Utah Code 31A-1-301
  • Committee: means the Health Data Committee created in Section 26B-1-413. See Utah Code 26B-8-501
  • Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201
  • Community location: means the same as that term is defined:
    (a) as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501
  • Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
  • Computing partnerships: means a set of skills, knowledge, and aptitudes used in computer science, information technology, or computer engineering courses and career options. See Utah Code 9-22-102
  • Concurrence: means the entities given a concurring role must jointly agree for the action to be taken. See Utah Code 31A-2-402
  • Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • consultant: means a person who:
    (a) advises another person about insurance needs and coverages;
    (b) is compensated by the person advised on a basis not directly related to the insurance placed; and
    (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2
  • Contact: means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection. See Utah Code 26B-7-201
  • Contest: means a live match, performance, or exhibition involving two or more persons engaged in unarmed combat. See Utah Code 9-23-101
  • Contestant: means an individual who participates in a contest. See Utah Code 9-23-101
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing care insurance: means insurance that:
    (i) provides board and lodging;
    (ii) provides one or more of the following:
    (A) a personal service;
    (B) a nursing service;
    (C) a medical service; or
    (D) any other health-related service; and
    (iii) provides the coverage described in this Subsection (28)(a) under an agreement effective:
    (A) for the life of the insured; or
    (B) for a period in excess of one year. See Utah Code 31A-1-301
  • Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
  • Control number: means a number assigned by the committee to an individual's health data as an identifier so that the health data can be disclosed or used in research and statistical analysis without readily identifying the individual. See Utah Code 26B-8-501
  • Controlled insurer: means a licensed insurer that is either directly or indirectly controlled by a producer. See Utah Code 31A-1-301
  • Controlled substance: means a drug or substance:
    (A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
    (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2
  • Controlled substance analog: means :
    (A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section 58-37-4. See Utah Code 58-37-2
  • Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3
  • Controlled substance precursor: includes a chemical reagent and means any of the following:
    (a) Phenyl-2-propanone;
    (b) Methylamine;
    (c) Ethylamine;
    (d) D-lysergic acid;
    (e) Ergotamine and its salts;
    (f) Diethyl malonate;
    (g) Malonic acid;
    (h) Ethyl malonate;
    (i) Barbituric acid;
    (j) Piperidine and its salts;
    (k) N-acetylanthranilic acid and its salts;
    (l) Pyrrolidine;
    (m) Phenylacetic acid and its salts;
    (n) Anthranilic acid and its salts;
    (o) Morpholine;
    (p) Ephedrine;
    (q) Pseudoephedrine;
    (r) Norpseudoephedrine;
    (s) Phenylpropanolamine;
    (t) Benzyl cyanide;
    (u) Ergonovine and its salts;
    (v) 3,4-Methylenedioxyphenyl-2-propanone;
    (w) propionic anhydride;
    (x) Insosafrole;
    (y) Safrole;
    (z) Piperonal;
    (aa) N-Methylephedrine;
    (bb) N-ethylephedrine;
    (cc) N-methylpseudoephedrine;
    (dd) N-ethylpseudoephedrine;
    (ee) Hydriotic acid;
    (ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);
    (gg) 1,4 butanediol;
    (hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);
    (ii) Crystal iodine;
    (jj) Iodine at concentrations greater than 1. See Utah Code 58-37c-3
  • Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
  • Controlling producer: means a producer who directly or indirectly controls an insurer. See Utah Code 31A-1-301
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
    (A) Chapter 37, Utah Controlled Substances Act;
    (B) Chapter 37a, Utah Drug Paraphernalia Act;
    (C) Chapter 37b, Imitation Controlled Substances Act;
    (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
    (E) Chapter 37d, Clandestine Drug Lab Act; or
    • (ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:
    (A) Chapter 37, Utah Controlled Substances Act;
    (B) Chapter 37a, Utah Drug Paraphernalia Act;
    (C) Chapter 37b, Imitation Controlled Substances Act;
    (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
    (E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2
  • Corporate governance annual disclosure: means a report an insurer or insurance group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual Disclosure Act. See Utah Code 31A-1-301
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Counterfeit opioid: means an opioid or container or labeling of an opioid that:
    (i) 
    (A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and
    (B) a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or
    (ii) 
    (A) is falsely represented to be any legally or illegally manufactured opioid; and
    (B) a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3
  • Counterfeit substance: means :
    (i) any controlled substance or container or labeling of any controlled substance that:
    (A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and
    (B) a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled substance; or
    (ii) any substance other than under Subsection (1)(i)(i) that:
    (A) is falsely represented to be any legally or illegally manufactured controlled substance; and
    (B) a reasonable person would believe to be a legal or illegal controlled substance. See Utah Code 58-37-2
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Court: means the particular court that orders probation in a case. See Utah Code 58-50-2
  • Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • Court order: means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction. See Utah Code 26B-9-201
  • Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments coming due on a specific loan or other credit transaction while the debtor has a disability. See Utah Code 31A-1-301
  • Credit insurance: includes :
    (i) credit accident and health insurance;
    (ii) credit life insurance;
    (iii) credit property insurance;
    (iv) credit unemployment insurance;
    (v) guaranteed automobile protection insurance;
    (vi) involuntary unemployment insurance;
    (vii) mortgage accident and health insurance;
    (viii) mortgage guaranty insurance; and
    (ix) mortgage life insurance. See Utah Code 31A-1-301
  • Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
  • Credit property insurance: means insurance:
    (a) offered in connection with an extension of credit; and
    (b) that protects the property until the debt is paid. See Utah Code 31A-1-301
  • Credit unemployment insurance: means insurance:
    (a) offered in connection with an extension of credit; and
    (b) that provides indemnity if the debtor is unemployed for payments coming due on a:
    (i) specific loan; or
    (ii) credit transaction. See Utah Code 31A-1-301
  • Creditable coverage: includes coverage that is offered through a public health plan such as:
    (i) the Primary Care Network Program under a Medicaid primary care network demonstration waiver obtained subject to Section 26B-3-108;
    (ii) the Children's Health Insurance Program under Section 26B-3-904; or
    (iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. See Utah Code 31A-1-301
  • Creditor: means a person, including an insured, having a claim, whether:
    (a) matured;
    (b) unmatured;
    (c) liquidated;
    (d) unliquidated;
    (e) secured;
    (f) unsecured;
    (g) absolute;
    (h) fixed; or
    (i) contingent. See Utah Code 31A-1-301
  • Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Current period: means the fiscal period in which a budget is prepared and adopted, i. See Utah Code 10-6-106
  • Custodial funeral service director: means a funeral service director who:
    (a) is employed by a licensed funeral establishment; and
    (b) has custody of a dead body. See Utah Code 26B-8-101
  • Custodian institution: means a financial institution in this state as defined under Section 7-1-103 that:
    (i) has authority under Title 7, Chapter 5, Trust Business, to engage in a trust business; and
    (ii) is approved by the commissioner to have custody of deposited securities, whether physically, through the Federal Reserve book-entry system, or through a clearing corporation as defined under Subsection 70A-8-101(1). See Utah Code 31A-2-206
  • Customer service representative: means a person that provides an insurance service and insurance product information:
    (i) for the customer service representative's:
    (A) producer;
    (B) surplus lines producer; or
    (C) consultant employer; and
    (ii) to the customer service representative's employer's:
    (A) customer;
    (B) client; or
    (C) organization. See Utah Code 31A-1-301
  • Data supplier: means a health care facility, health care provider, self-funded employer, third-party payor, health maintenance organization, or government department which could reasonably be expected to provide health data under this part. See Utah Code 26B-8-501
  • Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101
  • Dead body: means the same as that term is defined in Section 26B-8-101. See Utah Code 26B-8-201
  • Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):
    (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and
    (b) that was not born alive. See Utah Code 26B-8-101
  • Deadline: means a final date or time:
    (a) imposed by:
    (i) statute;
    (ii) rule; or
    (iii) order; and
    (b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301
  • Decedent: means the same as a dead body. See Utah Code 26B-8-101
  • Decedent: means :
    (a) a deceased individual whose body or part is or may be the source of an anatomical gift; and
    (b) includes:
    (i) a stillborn infant; and
    (ii) subject to restrictions imposed by law other than this part, a fetus. See Utah Code 26B-8-301
  • Decedent: A deceased person.
  • Declarant father: means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity. See Utah Code 26B-8-101
  • Deemer clause: means a provision under this title under which upon the occurrence of a condition precedent, the commissioner is considered to have taken a specific action. See Utah Code 31A-1-301
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Degree of relationship: means the number of steps between two persons determined by counting the generations separating one person from a common ancestor and then counting the generations to the other person. See Utah Code 31A-1-301
  • delinquency: means that child support in an amount at least equal to current child support payable for one month is overdue. See Utah Code 26B-9-301
  • Delinquent on a child support obligation: means that a person:
    (a) 
    (i) made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;
    (ii) after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and
    (iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or
    (b) 
    (i) made no payment for 60 days on an arrearage obligation of child support as set forth in:
    (A) a payment schedule;
    (B) a written agreement with the office; or
    (C) an administrative or judicial order;
    (ii) after the 60-day period described in Subsection (2)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and
    (iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears. See Utah Code 26B-9-501
  • delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2
  • Department: means any functional unit within a fund that carries on a specific activity, such as a fire or police department within a city general fund. See Utah Code 10-6-106
  • Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
  • Department: means the Department of Commerce. See Utah Code 58-37-2
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated commission member: means a member of the commission designated to:
    (a) attend and supervise a particular contest; and
    (b) act on the behalf of the commission at a contest venue. See Utah Code 9-23-101
  • Deteriorating disease: includes :
    (a) multiple sclerosis;
    (b) muscular dystrophy;
    (c) Huntington's chorea;
    (d) Alzheimer's disease;
    (e) ataxia; or
    (f) cancer. See Utah Code 26B-6-401
  • Developmental center: means the Utah State Developmental Center, established in accordance with 5. See Utah Code 26B-6-401
  • Dietetics: includes :
    (a) the evaluation of a person's dietary status;
    (b) the advising and education of persons on dietary needs; and
    (c) the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings. See Utah Code 58-49-2
  • Direct service worker: means a person who provides services to a person with a disability:
    (a) when the services are rendered in:
    (i) the physical presence of the person with a disability; or
    (ii) a location where the person rendering the services has access to the physical presence of the person with a disability; and
    (b) 
    (i) under a contract with the division;
    (ii) under a grant agreement with the division; or
    (iii) as an employee of the division. See Utah Code 26B-6-401
  • Director: means the director of the division. See Utah Code 26B-6-101
  • Director: means the director of the Office of Recovery Services. See Utah Code 26B-9-101
  • Director: means the director of the Office of Recovery Services. See Utah Code 26B-9-201
  • Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401
  • Director: means the director of the Division of Multicultural Affairs. See Utah Code 9-21-102
  • Director: means the director appointed by the STEM board to oversee the administration of the STEM Action Center. See Utah Code 9-22-102
  • Director: means the director appointed by the commission. See Utah Code 9-23-101
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Disability: means a severe, chronic disability that:
    (i) is attributable to:
    (A) an intellectual disability;
    (B) a condition that qualifies a person as a person with a related condition, as defined in 42 C. See Utah Code 26B-6-401
  • Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
    (a) perform the duties of:
    (i) that individual's occupation; or
    (ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
    (b) perform two or more of the following basic activities of daily living:
    (i) eating;
    (ii) toileting;
    (iii) transferring;
    (iv) bathing; or
    (v) dressing. See Utah Code 31A-1-301
  • Disability income insurance: means the same as that term is defined in Subsection (86). See Utah Code 31A-1-301
  • disclose: means the communication of health care data to any individual or organization outside the committee, its staff, and contracting agencies. See Utah Code 26B-8-501
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disinterested witness: means :
    (i) a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or
    (ii) another adult who exhibited special care and concern for the individual. See Utah Code 26B-8-301
  • Disorder: means the condition of decreased, absent, or impaired auditory, speech, voice, or language function. See Utah Code 58-41-2
  • Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
  • Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2
  • Disposable earnings: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3
  • Dispositioner: means :
    (a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or
    (b) the next of kin of the decedent, if:
    (i) 
    (A) a person has not been designated as described in Subsection (9)(a); or
    (B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and
    (ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101
  • Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2
  • Distribute: means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance. See Utah Code 58-37b-2
  • Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2
  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401
  • Division: means the Division of Multicultural Affairs created in Section 9-21-201. See Utah Code 9-21-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2
  • Docket: A log containing brief entries of court proceedings.
  • Document of gift: means a donor card or other record used to make an anatomical gift. See Utah Code 26B-8-301
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Domiciliary state: means the state in which an insurer:
    (a) is incorporated;
    (b) is organized; or
    (c) in the case of an alien insurer, enters into the United States. See Utah Code 31A-1-301
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 26B-8-301
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Utah Code 26B-8-301
  • Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 26B-7-101
  • Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 26B-8-301
  • Driver license: means a license, as defined in Section 53-3-102. See Utah Code 26B-9-501
  • Driver License Division: means the Driver License Division of the Department of Public Safety created in Section 53-3-103. See Utah Code 26B-9-501
  • Drug: means :
    (A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
    (B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
    (C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
    (D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2
  • Drug paraphernalia: includes :
    (a) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
    (b) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
    (c) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;
    (d) except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;
    (e) scales and balances used, or intended for use, in weighing or measuring a controlled substance;
    (f) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;
    (g) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;
    (h) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;
    (i) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;
    (j) containers and other objects used, or intended for use to store or conceal a controlled substance;
    (k) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and
    (l) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:
    (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
    (ii) water pipes;
    (iii) carburetion tubes and devices;
    (iv) smoking and carburetion masks;
    (v) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
    (vi) miniature cocaine spoons and cocaine vials;
    (vii) chamber pipes;
    (viii) carburetor pipes;
    (ix) electric pipes;
    (x) air-driven pipes;
    (xi) chillums;
    (xii) bongs; and
    (xiii) ice pipes or chillers. See Utah Code 58-37a-3
  • Educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 9-22-102
  • Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401
  • Eligible employee: includes :
    (i) an owner, sole proprietor, or partner who:
    (A) works on a full-time basis;
    (B) has a normal work week of 30 or more hours; and
    (C) employs at least one common employee; and
    (ii) an independent contractor if the individual is included under a health benefit plan of a small employer. See Utah Code 31A-1-301
  • Elimination unarmed combat contest: means a contest where:
    (a) a number of contestants participate in a tournament;
    (b) the duration is not more than 48 hours; and
    (c) the loser of each contest is eliminated from further competition. See Utah Code 9-23-101
  • Emergency medical condition: means a medical condition that:
    (a) manifests itself by acute symptoms, including severe pain; and
    (b) would cause a prudent layperson possessing an average knowledge of medicine and health to reasonably expect the absence of immediate medical attention through a hospital emergency department to result in:
    (i) placing the layperson's health or the layperson's unborn child's health in serious jeopardy;
    (ii) serious impairment to bodily functions; or
    (iii) serious dysfunction of any bodily organ or part. See Utah Code 31A-1-301
  • Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501
  • Employee: means :
    (a) an individual employed by an employer; or
    (b) an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301
  • Employee benefits: means one or more benefits or services provided to:
    (a) an employee; or
    (b) a dependent of an employee. See Utah Code 31A-1-301
  • Employee welfare fund: includes a plan funded or subsidized by a user fee or tax revenues. See Utah Code 31A-1-301
  • End stage renal disease facility: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
  • Endorsed program: means a facility or program that:
    (a) is operated:
    (i) by the division; or
    (ii) under contract with the division; or
    (b) provides services to a person committed to the division under 6. See Utah Code 26B-6-401
  • Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
  • Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501
  • Enrollee: includes an insured. See Utah Code 31A-1-301
  • 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 10-6-106
  • Enterprise risk: means an activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause:
    (a) the insurer's risk-based capital to fall into an action or control level as set forth in Sections 31A-17-601 through 31A-17-613; or
    (b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101. See Utah Code 31A-1-301
  • 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.
  • Epidemic: means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. See Utah Code 26B-7-201
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow: means :
    (i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:
    (A) the explanation, holding, or creation of a document; or
    (B) the receipt, deposit, and disbursement of money;
    (ii) a settlement or closing involving:
    (A) a mobile home;
    (B) a grazing right;
    (C) a water right; or
    (D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
  • Escrow agent: means an agency title insurance producer meeting the requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301
  • Estate: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget period in each fund for which a budget is being prepared. See Utah Code 10-6-106
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Excess surplus: means :
    (i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:
    (A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:
    (I) 2. See Utah Code 31A-1-301
  • Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
    (a) a specific physical condition;
    (b) a specific medical procedure;
    (c) a specific disease or disorder; or
    (d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Exhibition: means an engagement in which the participants show or display their skills without necessarily striving to win. See Utah Code 9-23-101
  • Exigent circumstances: means a significant change in circumstances following the expiration of a public health emergency declared in accordance with this title that:
    (a) substantially increases the threat to public safety or health relative to the circumstances in existence when the public health emergency expired;
    (b) poses an imminent threat to public safety or health; and
    (c) was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired. See Utah Code 26B-7-301
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Utah Code 26B-8-301
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Farm: means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. See Utah Code 26B-7-401
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve book-entry system: means the computerized system sponsored by the United States Department of the Treasury and certain other agencies and instrumentalities of the United States for holding and transferring securities of the United States government and other agencies and instrumentalities. See Utah Code 31A-2-206
  • federally tax qualified long-term care insurance contract: means :
    (a) an individual or group insurance contract that meets the requirements of Section 7702B(b), Internal Revenue Code; or
    (b) the portion of a life insurance contract that provides long-term care insurance:
    (i) 
    (A) by rider; or
    (B) as a part of the contract; and
    (ii) that satisfies the requirements of Sections 7702B(b) and (e), Internal Revenue Code. See Utah Code 31A-1-301
  • Fetal remains: means :
    (a) an aborted fetus as that term is defined in Section 26B-2-232; or
    (b) a miscarried fetus as that term is defined in Section 26B-2-233. See Utah Code 26B-8-101
  • Fidelity insurance: means insurance guaranteeing the fidelity of a person holding a position of public or private trust. See Utah Code 31A-1-301
  • File: means the submission of a completed certificate or other similar document, record, or report as provided under this part for registration by the state registrar or a local registrar. See Utah Code 26B-8-101
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • Financial institution: means :
    (a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance Act, 12 U. See Utah Code 26B-9-101
  • Financial officer: means the mayor in the council-mayor optional form of government or the city official as authorized by Section 10-6-158. See Utah Code 10-6-106
  • First party insurance: means an insurance policy or contract in which the insurer agrees to pay a claim submitted to it by the insured for the insured's losses. See Utah Code 31A-1-301
  • First responder: means :
    (a) a law enforcement officer as defined in Section 53-13-103;
    (b) emergency medical service personnel as defined in Section 26B-4-101;
    (c) firefighters; and
    (d) public health personnel having jurisdiction over the location where an individual subject to restriction is found. See Utah Code 26B-7-301
  • Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Food: means :
    (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and
    (ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2
  • Food: means :
    (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
    (b) chewing gum. See Utah Code 26B-7-401
  • Food service establishment: means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food. See Utah Code 26B-7-401
  • 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 insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Form: means one of the following prepared for general use:
    (i) a policy;
    (ii) a certificate;
    (iii) an application;
    (iv) an outline of coverage; or
    (v) an endorsement. See Utah Code 31A-1-301
  • Foundation: means a foundation established as described in Subsections 9-22-104(3) and (4). See Utah Code 9-22-102
  • Franchise insurance: means an individual insurance policy provided through a mass marketing arrangement involving a defined class of persons related in some way other than through the purchase of insurance. See Utah Code 31A-1-301
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106
  • Fund: means the STEM Action Center Foundation Fund created in Section 9-22-105. See Utah Code 9-22-102
  • Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101
  • furnish: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 58-37c-3
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General acute hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
  • General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-6-106
  • General lines of insurance: include :
    (a) accident and health;
    (b) casualty;
    (c) life;
    (d) personal lines;
    (e) property; and
    (f) variable contracts, including variable life and annuity. See Utah Code 31A-1-301
  • General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
  • 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 a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Grant program: means the Computing Partnerships Grants program created in this part. See Utah Code 9-22-102
  • Group health plan: means an employee welfare benefit plan to the extent that the plan provides medical care:
    (a) 
    (i) to an employee; or
    (ii) to a dependent of an employee; and
    (b) 
    (i) directly;
    (ii) through insurance reimbursement; or
    (iii) through another method. See Utah Code 31A-1-301
  • Group insurance policy: means a policy covering a group of persons that is issued:
    (i) to a policyholder on behalf of the group; and
    (ii) for the benefit of a member of the group who is selected under a procedure defined in:
    (A) the policy; or
    (B) an agreement that is collateral to the policy. See Utah Code 31A-1-301
  • Group-wide supervisor: means the commissioner or other regulatory official designated as the group-wide supervisor for an internationally active insurance group under Section 31A-16-108. See Utah Code 31A-1-301
  • Guaranteed automobile protection insurance: means insurance offered in connection with an extension of credit that pays the difference in amount between the insurance settlement and the balance of the loan if the insured automobile is a total loss. See Utah Code 31A-1-301
  • 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
  • Guardian: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • Guidelines: means the same as that term is defined in Section 78B-12-102. See Utah Code 26B-9-201
  • Hazardous or dangerous material: means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. See Utah Code 58-37d-3
  • Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
    (a) a professional service;
    (b) a personal service;
    (c) a facility;
    (d) equipment;
    (e) a device;
    (f) supplies; or
    (g) medicine. See Utah Code 31A-1-301
  • Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-8-101
  • Health care facility: means any facility or institution in which health care services are performed or furnished and includes a hospital, clinic, or emergency care center. See Utah Code 58-57-2
  • Health care facility: means a facility that is licensed by the department under 2. See Utah Code 26B-8-501
  • Health care professional: means a physician, physician assistant, nurse practitioner, or certified nurse midwife. See Utah Code 26B-8-101
  • Health care professional: means any of the following while acting in a professional capacity:
    (a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
    (b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or
    (c) an advance practice registered nurse licensed under Subsection 58-31b-301(2)(e). See Utah Code 26B-8-201
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-8-501
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-7-301
  • Health data: means any information, except vital records as defined in Section 26B-8-101, relating to the health status of individuals, the availability of health resources and services, and the use and cost of these resources and services. See Utah Code 26B-8-401
  • Health data: means information relating to the health status of individuals, health services delivered, the availability of health manpower and facilities, and the use and costs of resources and services to the consumer, except vital records as defined in Section 26B-8-101 shall be excluded. See Utah Code 26B-8-501
  • health insurance: means insurance providing:
    (i) a health care benefit; or
    (ii) payment of an incurred health care expense. See Utah Code 31A-1-301
  • Health insurance exchange: means an exchange as defined in 45 C. See Utah Code 31A-1-301
  • Health Insurance Portability and Accountability Act: means the Health Insurance Portability and Accountability Act of 1996, Pub. See Utah Code 31A-1-301
  • Health maintenance organization: means the same as that term is defined in Section 31A-8-101. See Utah Code 26B-8-501
  • Hearing aid dealer: means one who sells, repairs, and adjusts hearing aids. See Utah Code 58-41-2
  • High quality professional development: means professional development that meets high quality standards developed by the State Board of Education. See Utah Code 9-22-102
  • Highway: includes :Utah Code 68-3-12.5
  • Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Utah Code 26B-8-301
  • Human rights commission: means the Utah Martin Luther King, Jr. See Utah Code 9-21-102
  • Identifiable health data: means any item, collection, or grouping of health data which makes the individual supplying it or described in it identifiable. See Utah Code 26B-8-401
  • Identifiable health data: means any item, collection, or grouping of health data that makes the individual supplying or described in the health data identifiable. See Utah Code 26B-8-501
  • Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 26B-8-301
  • Illegal drug: means a drug or controlled substance whose distribution is a violation of state law. See Utah Code 58-37e-2
  • Illegal drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user. See Utah Code 58-37e-2
  • Illegal manufacture of specified controlled substances: means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the:
    (i) compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid;
    (ii) conversion of cocaine or methamphetamine to their base forms; or
    (iii) extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3
  • Imitation controlled substance: means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not:
    (a) a controlled substance; or
    (b) represented to be any legally or illegally manufactured controlled substance under Subsection 58-37-2(1)(i)(ii). See Utah Code 58-37b-2
  • Immediate income withholding: means income withholding without regard to whether a delinquency has occurred. See Utah Code 26B-9-301
  • Immediate precursor: means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. See Utah Code 58-37-2
  • Immediate relative: means an individual's spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 26B-8-201
  • 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
  • Income: includes :
    (i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
    (ii) interest and dividends;
    (iii) periodic payments made under pension or retirement programs or insurance policies of any type;
    (iv) unemployment compensation benefits;
    (v) workers' compensation benefits; and
    (vi) disability benefits. See Utah Code 26B-9-101
  • Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-301
  • Incubation period: means the time interval between exposure to an infectious agent and appearance of the first sign or symptom of the disease in question. See Utah Code 26B-7-201
  • 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
  • Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
  • Independent adjuster: means an insurance adjuster required to be licensed under Section 31A-26-201 who engages in insurance adjusting as a representative of an insurer. See Utah Code 31A-1-301
  • Independently procured insurance: means insurance procured under Section 31A-15-104. See Utah Code 31A-1-301
  • Indian: means a member of an Indian tribe. See Utah Code 58-37-2
  • Indian religion: means any religion:
    (i) the origin and interpretation of which is from within a traditional Indian culture or community; and
    (ii) which is practiced by Indians. See Utah Code 58-37-2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 26B-8-401
  • Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Utah Code 58-37e-2
  • Individual other than a parent: means an individual who is not a parent and is related to the child by marriage or blood, including:
    (a) siblings;
    (b) aunts;
    (c) uncles;
    (d) grandparents; or
    (e) current or former step-parents, or any of the individuals described in Subsections (1)(a) through (d) in a step relationship to the child. See Utah Code 30-5a-102
  • Infected individual: means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. See Utah Code 26B-7-201
  • Infection: means the entry and development or multiplication of an infectious agent in the body of man or animals. See Utah Code 26B-7-201
  • Infectious agent: means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease. See Utah Code 26B-7-201
  • Infectious disease: means a disease of man or animals resulting from an infection. See Utah Code 26B-7-201
  • Informed consent: means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception. See Utah Code 26B-6-801
  • insolvent: means that:
    (a) an insurer is unable to pay the insurer's obligations as the obligations are due;
    (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
    (c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
  • Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 9-22-102
  • Institutionalized: means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a foster care home or facility. See Utah Code 26B-6-801
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301
  • insurance company: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. See Utah Code 31A-1-301
  • Insurance group: means the persons that comprise an insurance holding company system. See Utah Code 31A-1-301
  • Insurance holding company system: means a group of two or more affiliated persons, at least one of whom is an insurer. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 10-6-106
  • Interinsurance exchange: means the same as that term is defined in Subsection (163). See Utah Code 31A-1-301
  • 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
  • Internationally active insurance group: means an insurance holding company system:
    (a) that includes an insurer registered under Section 31A-16-105;
    (b) that has premiums written in at least three countries;
    (c) whose percentage of gross premiums written outside the United States is at least 10% of its total gross written premiums; and
    (d) that, based on a three-year rolling average, has:
    (i) total assets of at least $50,000,000,000; or
    (ii) total gross written premiums of at least $10,000,000,000. See Utah Code 31A-1-301
  • Intersex individual: means an individual who:
    (a) is born with external biological sex characteristics that are irresolvably ambiguous;
    (b) is born with 46, XX chromosomes with virilization;
    (c) is born with 46, XY chromosomes with undervirilization;
    (d) has both ovarian and testicular tissue; or
    (e) has been diagnosed by a physician, based on genetic or biochemical testing, with
    abnormal:
    (i) sex chromosome structure;
    (ii) sex steroid hormone production; or
    (iii) sex steroid hormone action for a male or female. See Utah Code 26B-8-101
  • Intestate: Dying without leaving a will.
  • Involuntary unemployment insurance: means insurance:
    (a) offered in connection with an extension of credit; and
    (b) that provides indemnity if the debtor is involuntarily unemployed for payments coming due on a:
    (i) specific loan; or
    (ii) credit transaction. See Utah Code 31A-1-301
  • Isolation: means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others. See Utah Code 26B-7-201
  • IV-D child support services: means the same as child support services. See Utah Code 26B-9-101
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Judge: means an individual qualified by training or experience to:
    (a) rate the performance of contestants;
    (b) score a contest; and
    (c) determine with other judges whether there is a winner of the contest or whether the contestants performed equally, resulting in a draw. See Utah Code 9-23-101
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Know: means to have actual knowledge. See Utah Code 26B-8-301
  • Land: includes :Utah Code 68-3-12.5
  • Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 10-6-106
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legislative emergency response committee: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-7-301
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
    (i) vehicle liability insurance;
    (ii) residential dwelling liability insurance; and
    (iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Licensed audiologist: means any individual to whom a license has been issued under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
  • Licensed funeral establishment: means :
    (a) if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
    (b) if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located. See Utah Code 26B-8-101
  • Licensed speech-language pathologist: means any individual licensed under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
  • Licensee: means an individual licensed by the commission to act as a:
    (a) contestant;
    (b) judge;
    (c) manager;
    (d) promoter;
    (e) referee;
    (f) second; or
    (g) other official established by the commission by rule. See Utah Code 9-23-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Limited license: means a license that:
    (a) is issued for a specific product of insurance; and
    (b) limits an individual or agency to transact only for that product or insurance. See Utah Code 31A-1-301
  • Limited line credit insurance: includes the following forms of insurance:
    (a) credit life;
    (b) credit accident and health;
    (c) credit property;
    (d) credit unemployment;
    (e) involuntary unemployment;
    (f) mortgage life;
    (g) mortgage guaranty;
    (h) mortgage accident and health;
    (i) guaranteed automobile protection; and
    (j) another form of insurance offered in connection with an extension of credit that:
    (i) is limited to partially or wholly extinguishing the credit obligation; and
    (ii) the commissioner determines by rule should be designated as a form of limited line credit insurance. See Utah Code 31A-1-301
  • Limited line credit insurance producer: means a person who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to an individual through a master, corporate, group, or individual policy. See Utah Code 31A-1-301
  • Limited line insurance: includes :
    (a) bail bond;
    (b) limited line credit insurance;
    (c) legal expense insurance;
    (d) motor club insurance;
    (e) car rental related insurance;
    (f) travel insurance;
    (g) crop insurance;
    (h) self-service storage insurance;
    (i) guaranteed asset protection waiver;
    (j) portable electronics insurance; and
    (k) another form of limited insurance that the commissioner determines by rule should be designated a form of limited line insurance. See Utah Code 31A-1-301
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Limited support services: means services that are administered by the division to individuals with a disability:
    (a) under a waiver authorized under 42 U. See Utah Code 26B-6-401
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live birth: means the birth of a child who shows evidence of life after the child is entirely outside of the mother. See Utah Code 26B-8-101
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
  • Long-term care insurance: includes :
    (i) any of the following that provide directly or supplement long-term care insurance:
    (A) a group or individual annuity or rider; or
    (B) a life insurance policy or rider;
    (ii) a policy or rider that provides for payment of benefits on the basis of:
    (A) cognitive impairment; or
    (B) functional capacity; or
    (iii) a qualified long-term care insurance contract. See Utah Code 31A-1-301
  • Managed care organization: means a person:
    (a) licensed as a health maintenance organization under Chapter 8, Health Maintenance Organizations and Limited Health Plans; or
    (b) 
    (i) licensed under:
    (A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
    (B) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (C) Chapter 14, Foreign Insurers; and
    (ii) that requires an enrollee to use, or offers incentives, including financial incentives, for an enrollee to use, network providers. See Utah Code 31A-1-301
  • Manager: means an individual who represents a contestant for the purpose of:
    (a) obtaining a contest for a contestant;
    (b) negotiating terms and conditions of the contract under which the contestant will engage in a contest; or
    (c) arranging for a second for the contestant at a contest. See Utah Code 9-23-101
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2
  • Manufacture: means the production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled substance. See Utah Code 58-37b-2
  • Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2
  • Manufacturer sealed electronic cigarette product: means :
    (a) an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or
    (b) a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:
    (A) seeds;
    (B) resin extracted from any part of the plant, including the resin extracted from the mature stalks;
    (C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin;
    (D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and
    (E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2
  • Maternal and child health services: means :
    (a) the provision of educational, preventative, diagnostic, and treatment services, including medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating services directed toward reducing infant mortality and improving the health of mothers and children provided, however, that nothing in this Subsection (2) shall be construed to allow any agency of the state to interfere with the rights of the parent of an unmarried minor in decisions about the providing of health information or services;
    (b) the development, strengthening, and improvement of standards and techniques relating to the services and care;
    (c) the training of personnel engaged in the provision, development, strengthening, or improvement of the services and care; and
    (d) necessary administrative services connected with Subsections (2)(a), (b), and (c). See Utah Code 26B-7-101
  • Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3
  • Medical examiner: means the state medical examiner appointed pursuant to Section 26B-8-202 or a deputy appointed by the medical examiner. See Utah Code 26B-8-201
  • Medical examiner record: means :
    (a) all information that the medical examiner obtains regarding a decedent; and
    (b) reports that the medical examiner makes regarding a decedent. See Utah Code 26B-8-201
  • Medical malpractice insurance: means insurance against legal liability incident to the practice and provision of a medical service other than the practice and provision of a dental service. See Utah Code 31A-1-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Microenterprise home kitchen: means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale. See Utah Code 26B-7-401
  • Microenterprise home kitchen permit: means a permit issued by a local health department to the operator for the purpose of operating a microenterprise home kitchen. See Utah Code 26B-7-401
  • minimum required capital: means the capital that must be constantly maintained by a stock insurance corporation as required by statute. See Utah Code 31A-1-301
  • Minor: means an individual who is under 18 years of age. See Utah Code 26B-8-301
  • Minor: means a person under 18 years old. See Utah Code 26B-7-101
  • Money: means officially issued coin and currency of the United States or any foreign country. See Utah Code 58-37-2
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage accident and health insurance: means insurance offered in connection with an extension of credit that provides indemnity for payments coming due on a mortgage while the debtor has a disability. See Utah Code 31A-1-301
  • Mortgage guaranty insurance: means surety insurance under which a mortgagee or other creditor is indemnified against losses caused by the default of a debtor. See Utah Code 31A-1-301
  • Mortgage life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays if the debtor dies. See Utah Code 31A-1-301
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor club: means a person:
    (a) licensed under:
    (i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
    (ii) Chapter 11, Motor Clubs; or
    (iii) Chapter 14, Foreign Insurers; and
    (b) that promises for an advance consideration to provide for a stated period of time one or more:
    (i) legal services under Subsection 31A-11-102(1)(b);
    (ii) bail services under Subsection 31A-11-102(1)(c); or
    (iii) 
    (A) trip reimbursement;
    (B) towing services;
    (C) emergency road services;
    (D) stolen automobile services;
    (E) a combination of the services listed in Subsections (126)(b)(iii)(A) through (D); or
    (F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • mutual corporation: means a mutual insurance corporation. See Utah Code 31A-1-301
  • NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
  • NAIC liquidity stress test framework: means a NAIC publication that includes:
    (a) a history of the NAIC's development of regulatory liquidity stress testing;
    (b) the scope criteria applicable for a specific data year; and
    (c) the liquidity stress test instructions and reporting templates for a specific data year, as adopted by the NAIC and as amended by the NAIC in accordance with NAIC procedures. See Utah Code 31A-1-301
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
    (i) opium, coca leaves, and opiates;
    (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;
    (iii) opium poppy and poppy straw; or
    (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 58-37-2
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Network plan: means health care insurance:
    (a) that is issued by an insurer; and
    (b) under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the insurer, including the financing and delivery of an item paid for as medical care. See Utah Code 31A-1-301
  • Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
  • New hire registry: means the centralized new hire registry created in Section 35A-7-103. See Utah Code 26B-9-101
  • Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Non-tobacco shisha: means any product that:
    (a) does not contain tobacco or nicotine; and
    (b) is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501
  • nonadmitted insurer: means an insurer:
    (i) not holding a valid certificate of authority to do an insurance business in this state; or
    (ii) transacting business not authorized by a valid certificate. See Utah Code 31A-1-301
  • Nonparticipating: means a plan of insurance under which the insured is not entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
  • Notice of agency action: means the notice required to commence an adjudicative proceeding in accordance with Section 63G-4-201. See Utah Code 26B-9-201
  • Nurse practitioner: means an individual who:
    (a) is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act; and
    (b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-101
  • Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-201
  • Obligee: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301
  • Obligor: means a person, firm, corporation, or the estate of a decedent owing money to this state, to an individual, to another state, or other comparable jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-101
  • Obligor: means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-201
  • Obligor: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301
  • Ocean marine insurance: means insurance against loss of or damage to:
    (a) ships or hulls of ships;
    (b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
    (c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
    (d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
  • Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-101
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-201
  • Office: means the Office of Public Guardian. See Utah Code 26B-6-301
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-301
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-501
  • Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701
  • Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2
  • Opioid: means the same as that term is defined in Section 58-37f-303. See Utah Code 58-37d-3
  • Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 58-37-2
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Order of constraint: means the same as that term is defined in Section 26B-7-301. See Utah Code 26B-7-201
  • Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301
  • Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301
  • Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See Utah Code 26B-8-301
  • Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part of any of these. See Utah Code 26B-8-401
  • Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof. See Utah Code 26B-8-501
  • ORSA guidance manual: means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Utah Code 31A-1-301
  • ORSA summary report: means a confidential high-level summary of an insurer or insurance group's own risk and solvency assessment. See Utah Code 31A-1-301
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Outline of coverage: means a summary that explains an accident and health insurance policy. See Utah Code 31A-1-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Own risk and solvency assessment: means an insurer or insurance group's confidential internal assessment:
    (a) 
    (i) of each material and relevant risk associated with the insurer or insurance group;
    (ii) of the insurer or insurance group's current business plan to support each risk described in Subsection (138)(a)(i); and
    (iii) of the sufficiency of capital resources to support each risk described in Subsection (138)(a)(i); and
    (b) that is appropriate to the nature, scale, and complexity of an insurer or insurance group. See Utah Code 31A-1-301
  • Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501
  • Parent: means a parent whose parental rights have not been terminated. See Utah Code 26B-8-301
  • Parent: means a biological or adoptive parent. See Utah Code 30-5a-102
  • Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201
  • Part: means an organ, an eye, or tissue of a human being. See Utah Code 26B-8-301
  • Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Past-due support: means the same as support debt. See Utah Code 26B-9-201
  • Payor: means an employer or any person who is a source of income to an obligor. See Utah Code 26B-9-301
  • Period of illegal drug use: means , in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of the action. See Utah Code 58-37e-2
  • Permanent surplus: means the surplus of an insurer or organization that is designated by the insurer or organization as permanent. See Utah Code 31A-1-301
  • Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Utah Code 58-37e-2
  • Person: means any individual, group, organization, partnership, or corporate body, except that only an individual may be licensed under this chapter. See Utah Code 58-41-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 26B-8-301
  • Person: means :Utah Code 68-3-12.5
  • Person: includes an individual, firm, corporation, association, political subdivision, department, or office. See Utah Code 26B-9-201
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2
  • Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
  • Personal lines insurance: means property and casualty insurance coverage sold for primarily noncommercial purposes to:
    (a) an individual; or
    (b) a family. See Utah Code 31A-1-301
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personal services: means nonmedical care and support, including assisting a person with:
    (a) meal preparation;
    (b) eating;
    (c) bathing;
    (d) dressing;
    (e) personal hygiene; or
    (f) daily living activities. See Utah Code 26B-6-101
  • Physical disability: means a medically determinable physical impairment that has resulted in the functional loss of two or more of a person's limbs. See Utah Code 26B-6-401
  • Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 26B-8-301
  • Physician assistant: means an individual who:
    (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; and
    (b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
  • Place of illegal drug activity: means , in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Utah Code 58-37e-2
  • Place of participation: means , in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. See Utah Code 58-37e-2
  • Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:
    (a) buildings, offices, shops, elevators, or restrooms;
    (b) means of transportation or common carrier waiting rooms;
    (c) restaurants, cafes, or cafeterias;
    (d) taverns as defined in Section 32B-1-102, or cabarets;
    (e) shopping malls, retail stores, grocery stores, or arcades;
    (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;
    (g) barber shops, hair salons, or laundromats;
    (h) sports or fitness facilities;
    (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
    (j) 
    (i) any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and
    (ii) any child care, other than child care as defined in Section 26B-2-401, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;
    (k) public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;
    (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or the members' guests or families;
    (m) any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;
    (n) any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;
    (o) any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and
    (p) a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 26B-7-501
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the plan developed and adopted by the Health Data Committee under Section 26B-1-413. See Utah Code 26B-8-501
  • Plan sponsor: means the same as that term is defined in 29 U. See Utah Code 31A-1-301
  • Plan year: means :
    (a) the year that is designated as the plan year in:
    (i) the plan document of a group health plan; or
    (ii) a summary plan description of a group health plan;
    (b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:
    (i) the year used to determine deductibles or limits;
    (ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or
    (iii) the employer's taxable year if:
    (A) the plan does not impose deductibles or limits on a yearly basis; and
    (B) 
    (I) the plan is not insured; or
    (II) the insurance policy is not renewed on an annual basis; or
    (c) in a case not described in Subsection (144)(a) or (b), the calendar year. See Utah Code 31A-1-301
  • 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.
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policy illustration: means a presentation or depiction that includes nonguaranteed elements of a policy offering life insurance over a period of years. See Utah Code 31A-1-301
  • Policy summary: means a synopsis describing the elements of a life insurance policy. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 58-37-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
  • Practice of speech-language pathology: means rendering, prescribing, or offering to render to individuals, groups, agencies, organizations, industries or the public any service in speech-language pathology. See Utah Code 58-41-2
  • Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs and order respiratory care in the course of professional practice. See Utah Code 58-57-2
  • Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2
  • Practitioner: means a physician, dentist, podiatric physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37c-3
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • Prescribe: means to issue a prescription:
    (i) orally or in writing; or
    (ii) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2
  • Prescription: means a written or oral order for the delivery or execution of that which has been prescribed. See Utah Code 58-41-2
  • Prescription: means an order issued:
    (i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
    (ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Presumed father: means the father of a child conceived or born during a marriage as defined in Section 30-1-17. See Utah Code 26B-8-101
  • Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). See Utah Code 58-50-2
  • Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Utah Code 26B-8-301
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Producer for the insured: means a producer who:
    (A) is compensated directly and only by an insurance customer or an insured; and
    (B) receives no compensation directly or indirectly from an insurer for selling, soliciting, or negotiating an insurance product of that insurer to an insurance customer or insured. See Utah Code 31A-1-301
  • Producer for the insurer: means a producer who is compensated directly or indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that insurer. See Utah Code 31A-1-301
  • Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2
  • Professional liability insurance: means insurance against legal liability incident to the practice of a profession and provision of a professional service. See Utah Code 31A-1-301
  • Promoter: means a person who engages in producing or staging contests and promotions. See Utah Code 9-23-101
  • Promotion: means a single contest or a combination of contests that:
    (a) occur during the same time and at the same location; and
    (b) is produced or staged by a promoter. See Utah Code 9-23-101
  • Proof of age: means :
    (i) a valid identification card issued under 8;
    (ii) a valid identification that:
    (A) is substantially similar to an identification card issued under 8;
    (B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
    (C) includes date of birth; and
    (D) has a picture affixed;
    (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
    (iv) a valid United States military identification card that:
    (A) includes date of birth; and
    (B) has a picture affixed; or
    (v) a valid passport. See Utah Code 26B-7-501
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:
    (i) from all hazards or causes; and
    (ii) against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301
  • Provider: means a provider selected on behalf of the STEM board by the staff of the STEM board and the staff of the State Board of Education:
    (a) through a request for proposals process; or
    (b) through a direct award or sole source procurement process for a pilot described in Section 9-22-107. See Utah Code 9-22-102
  • Public assistance: means :
    (a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
    (b) medical assistance provided under 1;
    (c) foster care maintenance payments under Part E of Title IV of the Social Security Act, 42 U. See Utah Code 26B-9-101
  • Public assistance: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Public funds: means any money or payment collected or received by an officer or employee of the city acting in an official capacity and includes money or payment to the officer or employee for services or goods provided by the city, or the officer or employee while acting within the scope of employment or duty. See Utah Code 10-6-106
  • Public funds: includes :
    (i) Medicaid funds; and
    (ii) Medicaid waiver funds. See Utah Code 26B-6-101
  • Public funds: means state or federal funds that are disbursed by the division. See Utah Code 26B-6-401
  • Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate. See Utah Code 26B-1-102
  • Public health emergency: means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. See Utah Code 26B-7-301
  • Public health official: means :
    (a) the executive director or the executive director's authorized representative; or
    (b) the executive director of a local health department or the executive director's authorized representative. See Utah Code 26B-7-301
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publicly owned building or office: means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. See Utah Code 26B-7-501
  • Purse: means any money, prize, remuneration, or any other valuable consideration a contestant receives or may receive for participation in a contest. See Utah Code 9-23-101
  • Qualified United States financial institution: means an institution that:
    (a) is:
    (i) organized under the laws of the United States or any state; or
    (ii) in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state;
    (b) is regulated, supervised, and examined by a United States federal or state authority having regulatory authority over a bank or trust company; and
    (c) meets the standards of financial condition and standing that are considered necessary and appropriate to regulate the quality of a financial institution whose letters of credit will be acceptable to the commissioner as determined by:
    (i) the commissioner by rule; or
    (ii) the Securities Valuation Office of the National Association of Insurance Commissioners. See Utah Code 31A-1-301
  • Quarantine: means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission. See Utah Code 26B-7-201
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Rate service organization: means a person who assists an insurer in rate making or filing by:
    (i) collecting, compiling, and furnishing loss or expense statistics;
    (ii) recommending, making, or filing rates or supplementary rate information; or
    (iii) advising about rate questions, except as an attorney giving legal advice. See Utah Code 31A-1-301
  • Rating manual: means any of the following used to determine initial and renewal policy premiums:
    (a) a manual of rates;
    (b) a classification;
    (c) a rate-related underwriting rule; and
    (d) a rating formula that describes steps, policies, and procedures for determining initial and renewal policy premiums. See Utah Code 31A-1-301
  • Ready-to-eat: means :
    (a) raw animal food that is cooked;
    (b) raw fruits and vegetables that are washed;
    (c) fruits and vegetables that are cooked for hot holding;
    (d) a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
    (e) a bakery item for which further cooking is not required for food safety. See Utah Code 26B-7-401
  • Real Estate Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 31A-2-402
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Utah Code 26B-8-301
  • Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
    (i) a refund of premium or portion of premium;
    (ii) a refund of commission or portion of commission;
    (iii) a refund of all or a portion of a consultant fee; or
    (iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
  • Received by the department: means :
    (a) the date delivered to and stamped received by the department, if delivered in person;
    (b) the post mark date, if delivered by mail;
    (c) the delivery service's post mark or pickup date, if delivered by a delivery service;
    (d) the received date recorded on an item delivered, if delivered by:
    (i) facsimile;
    (ii) email; or
    (iii) another electronic method; or
    (e) a date specified in:
    (i) a statute;
    (ii) a rule; or
    (iii) an order. See Utah Code 31A-1-301
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Utah Code 26B-8-301
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 26B-8-301
  • Referee: means an individual qualified by training or experience to act as the official attending a contest at the point of contact between contestants for the purpose of:
    (a) enforcing the rules relating to the contest;
    (b) stopping the contest in the event the health, safety, and welfare of a contestant or any other person in attendance at the contest is in jeopardy; and
    (c) acting as a judge if so designated by the commission. See Utah Code 9-23-101
  • Refusal: means a record created under Section 26B-8-306 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Utah Code 26B-8-301
  • Regional pathologist: means a trained pathologist licensed to practice medicine and surgery in the state, appointed by the medical examiner pursuant to Subsection 26B-8-202(3). See Utah Code 26B-8-201
  • register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101
  • Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3
  • Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3
  • Regulated transaction: means any actual, constructive or attempted:
    (a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or
    (b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Research and statistical analysis: means activities using health data analysis including:
    (a) describing the group characteristics of individuals or organizations;
    (b) analyzing the noncompliance among the various characteristics of individuals or organizations;
    (c) conducting statistical procedures or studies to improve the quality of health data;
    (d) designing sample surveys and selecting samples of individuals or organizations; and
    (e) preparing and publishing reports describing these matters. See Utah Code 26B-8-501
  • Research and statistical purposes: means the performance of activities relating to health data, including:
    (a) describing the group characteristics of individuals or organizations;
    (b) analyzing the interrelationships among the various characteristics of individuals or organizations;
    (c) the conduct of statistical procedures or studies to improve the quality of health data;
    (d) the design of sample surveys and the selection of samples of individuals or organizations;
    (e) the preparation and publication of reports describing these matters; and
    (f) other related functions. See Utah Code 26B-8-401
  • Resident: means an individual under observation, care, or treatment in an intermediate care facility for people with an intellectual disability. See Utah Code 26B-6-401
  • Residential dwelling liability insurance: means insurance against liability resulting from or incident to the ownership, maintenance, or use of a residential dwelling that is a detached single family residence or multifamily residence up to four units. See Utah Code 31A-1-301
  • Respiratory care practitioner: means any person licensed to practice respiratory care under this chapter. See Utah Code 58-57-2
  • Respiratory related durable medical equipment: means :
    (a) medical grade oxygen;
    (b) equipment and supplies related to medical gases;
    (c) apnea monitors;
    (d) oximeters;
    (e) noninvasive positive pressure generators, except those with back-up respiratory rate or when used invasively;
    (f) bilirubin lights;
    (g) suctioning equipment;
    (h) large volume nebulizers with compressors, except when used invasively in conjunction with an artificial airway;
    (i) medication nebulizers;
    (j) enteral nutrition equipment; and
    (k) other respiratory related equipment intended for use in the home as defined by the division by rule. See Utah Code 58-57-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
    (a) in both number of sales and volume of sales; and
    (b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3
  • Retail tobacco specialty business: means the same as that term is defined:
    (a) as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501
  • Retrocession: means reinsurance with another insurer of a liability assumed under a reinsurance contract. See Utah Code 31A-1-301
  • Review committee: means the committee established under Section 9-22-114. See Utah Code 9-22-102
  • Rider: means an endorsement to:
    (a) an insurance policy; or
    (b) an insurance certificate. See Utah Code 31A-1-301
  • Rights and privileges of an individual with a disability: means the rights and privileges of an individual with a disability described in Subsections 26B-6-802(1) through (3). See Utah Code 26B-6-701
  • Road: includes :Utah Code 68-3-12.5
  • Round: means one of a number of individual time periods that, taken together, constitute a contest during which contestants are engaged in a form of unarmed combat. See Utah Code 9-23-101
  • School: means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, Head Start program, kindergarten, elementary, or secondary school through grade 12. See Utah Code 26B-7-201
  • Scope criteria: means the designated exposure bases and minimum magnitudes for a specified data year that are used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year. See Utah Code 31A-1-301
  • Second: means an individual who attends a contestant at the site of the contest before, during, and after the contest in accordance with contest rules. See Utah Code 9-23-101
  • Secondary medical condition: means a complication related to an exclusion from coverage in accident and health insurance. See Utah Code 31A-1-301
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Securityholder: means a specified person who owns a security of a person, including:
    (a) common stock;
    (b) preferred stock;
    (c) debt obligations; and
    (d) any other security convertible into or evidencing the right of any of the items listed in this Subsection (172). See Utah Code 31A-1-301
  • Self-funded employer: means an employer who provides for the payment of health care services for employees directly from the employer's funds, thereby assuming the financial risks rather than passing them on to an outside insurer through premium payments. See Utah Code 26B-8-501
  • Self-insurance: includes :
    (i) an arrangement under which a governmental entity undertakes to indemnify an employee for liability arising out of the employee's employment; and
    (ii) an arrangement under which a person with a managed program of self-insurance and risk management undertakes to indemnify the person's affiliate, subsidiary, director, officer, or employee for liability or risk that arises out of the person's relationship with the affiliate, subsidiary, director, officer, or employee. See Utah Code 31A-1-301
  • Sell: means to exchange a contract of insurance:
    (a) by any means;
    (b) for money or its equivalent; and
    (c) on behalf of an insurance company. See Utah Code 31A-1-301
  • Service animal: includes any dog that:
    (i) is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
    (ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including:
    (A) assisting an individual who is blind or has low vision with navigation or other tasks;
    (B) alerting an individual who is deaf or hard of hearing to the presence of people or sounds;
    (C) providing non-violent protection or rescue work;
    (D) pulling a wheelchair;
    (E) assisting an individual during a seizure;
    (F) alerting an individual to the presence of an allergen;
    (G) retrieving an item for the individual;
    (H) providing physical support and assistance with balance and stability; or
    (I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. See Utah Code 26B-6-801
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexually transmitted disease: means those diseases transmitted through sexual intercourse or any other sexual contact. See Utah Code 26B-7-201
  • Short-term limited duration health insurance: means a health benefit product that:
    (a) after taking into account any renewals or extensions, has a total duration of no more than 36 months; and
    (b) has an expiration date specified in the contract that is less than 12 months after the original effective date of coverage under the health benefit product. See Utah Code 31A-1-301
  • Sign: means , with the present intent to authenticate or adopt a record:
    (a) to execute or adopt a tangible symbol; or
    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 26B-8-301
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Significant break in coverage: means a period of 63 consecutive days during each of which an individual does not have creditable coverage. See Utah Code 31A-1-301
  • Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
    (i) 
    (A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
    (B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
    (ii) employs at least one employee on the first day of the plan year; and
    (iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under 26 U. See Utah Code 31A-1-301
  • Smoking: means :
    (a) the possession of any lighted or heated tobacco product in any form;
    (b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:
    (i) tobacco or any plant product intended for inhalation;
    (ii) shisha or non-tobacco shisha;
    (iii) nicotine;
    (iv) a natural or synthetic tobacco substitute; or
    (v) a natural or synthetic flavored tobacco product;
    (c) using an electronic cigarette; or
    (d) using an oral smoking device intended to circumvent the prohibition of smoking in this part. See Utah Code 26B-7-501
  • Special fund: means any fund other than the city general fund. See Utah Code 10-6-106
  • Specialty hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
  • Specified illegal drug: means cocaine, heroin, or methamphetamine and any other controlled substance the distribution of which is a violation of state law. See Utah Code 58-37e-2
  • Speech-language pathologist: means :
    (a) a person who practices speech-language pathology or who holds himself out to the public by any means, or by any service or function the person performs, directly or indirectly, or by using the terms "speech-language pathologist" "speech-language therapist" "language disability specialist" or any variation, derivation, synonym, coinage, or whatever expresses, employs, or implies these terms, names, or functions; or
    (b) a person who performs any of the functions described in Subsection (19) or any related functions. See Utah Code 58-41-2
  • Speech-language pathology: means the application of principles, methods, and procedures for the examination, measurement, prevention, testing, identification, evaluation, diagnosis, treatment, instruction, modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals. See Utah Code 58-41-2
  • Speech-language pathology aide: means an individual who:
    (a) meets the minimum qualifications established by the board for speech-language pathology aides. See Utah Code 58-41-2
  • Stacked credentials: means credentials that:
    (a) an individual can build upon to access an advanced job or higher wage;
    (b) are part of a career pathway system;
    (c) provide a pathway culminating in the equivalent of an associate's or bachelor's degree;
    (d) facilitate multiple exit and entry points; and
    (e) recognize sub-goals or momentum points. See Utah Code 9-22-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-8-301
  • State: means the state of Utah. See Utah Code 58-37-2
  • State case registry: means the central, automated record system maintained by the office and the central, automated district court record system maintained by the Administrative Office of the Courts, that contains records which use standardized data elements, such as names, Social Security numbers and other uniform identification numbers, dates of birth, and case identification numbers, with respect to:
    (a) each case in which services are being provided by the office under the state IV-D child support services plan; and
    (b) each support order established or modified in the state on or after October 1, 1998. See Utah Code 26B-9-101
  • State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stay-at-home order: means an order of constraint that:
    (a) restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and
    (b) may include exceptions for certain essential tasks. See Utah Code 26B-7-301
  • STEM: means science, technology, engineering, and mathematics. See Utah Code 9-22-102
  • STEM Action Center: means the center described in Section 9-22-106. See Utah Code 9-22-102
  • STEM board: means the STEM Action Center Board created in Section 9-22-103. See Utah Code 9-22-102
  • Sterilization: means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation. See Utah Code 26B-6-801
  • Stock corporation: means a stock insurance corporation. See Utah Code 31A-1-301
  • Subpoena: A command to a witness to appear and give testimony.
  • Sudden death while in apparent good health: means apparently instantaneous death without obvious natural cause, death during or following an unexplained syncope or coma, or death during an acute or unexplained rapidly fatal illness. See Utah Code 26B-8-201
  • Sudden infant death syndrome: means the death of a child who was thought to be in good health or whose terminal illness appeared to be so mild that the possibility of a fatal outcome was not anticipated. See Utah Code 26B-8-201
  • Suicide: means death caused by an intentional and voluntary act of an individual who understands the physical nature of the act and intends by such act to accomplish self-destruction. See Utah Code 26B-8-201
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support: includes past-due, present, and future obligations established by:
    (a) a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and
    (b) a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201
  • Support animal: means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability. See Utah Code 26B-6-801
  • Support debt: means the debt created by nonpayment of support. See Utah Code 26B-9-201
  • Support order: means the same as child support order. See Utah Code 26B-9-201
  • Support order: means the same as child support order. See Utah Code 26B-9-301
  • surety insurance: includes :
    (a) a guarantee against loss or damage resulting from the failure of a principal to pay or perform the principal's obligations to a creditor or other obligee;
    (b) bail bond insurance; and
    (c) fidelity insurance. See Utah Code 31A-1-301
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Sustainability fund: means the Utah State Developmental Center Long-Term Sustainability Fund created in Section 26B-1-331. See Utah Code 26B-6-401
  • Tax commission license: means a license issued by the State Tax Commission under:
    (a) Section 59-14-201 to sell a cigarette at retail;
    (b) Section 59-14-301 to sell a tobacco product at retail; or
    (c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tetrahydrocannabinol: means the same as that term is defined in Section 58-37-3. See Utah Code 58-37d-3
  • Threshold amount of a listed precursor chemical: means any amount of a controlled substance precursor or a specified amount of a controlled substance precursor in a matrix; however, the division may exempt from the provisions of this chapter a specific controlled substance precursor in a specific amount and in certain types of transactions which provisions for exemption shall be defined by the division by rule adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-37c-3
  • Time or temperature control food: means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation. See Utah Code 26B-7-401
  • Tissue: means a portion of the human body other than an organ or an eye. See Utah Code 26B-8-301
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Utah Code 26B-8-301
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Title licensee: means a person licensed under this title as:
    (a) an agency title insurance producer with a title insurance line of authority;
    (b) an individual title insurance producer with:
    (i) a general title insurance line of authority; or
    (ii) a specific category of authority for title insurance; or
    (c) a title insurance adjuster. See Utah Code 31A-2-402
  • Tobacco product: means :
    (a) a tobacco product as defined in Section 76-10-101; or
    (b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
  • Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
    (a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
    (b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: means the services of a speech-language pathologist or audiologist to examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior, or their effects. See Utah Code 58-41-2
  • Tribunal: means the district court, the department, the Office of Recovery Services, or court or administrative agency of any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 26B-9-201
  • Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
  • Trustee: A person or institution holding and administering property in trust.
  • Ultimate fighting: means a live contest, whether or not an admission fee is charged, in which:
    (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling, hitting, punching, or other combative contact techniques;
    (b) contest rules incorporate a formalized system of combative techniques against which a contestant's performance is judged to determine the prevailing contestant;
    (c) contest rules divide nonchampionship contests into three equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round;
    (d) contest rules divide championship contests into five equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round; and
    (e) contest rules prohibit contestants from:
    (i) using anything that is not part of the human body, except for boxing gloves, to intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion of a projectile;
    (ii) striking a person who demonstrates an inability to protect himself from the advances of an opponent;
    (iii) biting; or
    (iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of the neck, and the rear area of the head and neck. See Utah Code 9-23-101
  • Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2
  • Unarmed combat: means boxing or any other form of competition in which a blow is usually struck which may reasonably be expected to inflict bodily injury. See Utah Code 9-23-101
  • Unattended death: means a death that occurs more than 365 days after the day on which a health care professional examined or treated the deceased individual for any purpose, including writing a prescription. See Utah Code 26B-8-201
  • Unavailable for postmortem investigation: means that a dead body is:
    (i) transported out of state;
    (ii) buried at sea;
    (iii) cremated;
    (iv) processed by alkaline hydrolysis; or
    (v) otherwise made unavailable to the medical examiner for postmortem investigation or autopsy. See Utah Code 26B-8-201
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
  • Underwrite: means the authority to accept or reject risk on behalf of the insurer. See Utah Code 31A-1-301
  • Uniformed services: means :Utah Code 68-3-12.5
  • Unincorporated: means not within a municipality. See Utah Code 10-1-104
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: means organizing, promoting, or participating in a contest which involves contestants that are not licensed under this chapter. See Utah Code 9-23-101
  • Unprofessional conduct: means :
    (a) entering into a contract for a contest in bad faith;
    (b) participating in any sham or fake contest;
    (c) participating in a contest pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;
    (d) engaging in an act or conduct that is detrimental to a contest, including any foul or unsportsmanlike conduct in connection with a contest;
    (e) failing to comply with any limitation, restriction, or condition placed on a license;
    (f) striking of a downed opponent by a contestant while the contestant remains on the contestant's feet, unless the designated commission member or director has exempted the contest and each contestant from the prohibition on striking a downed opponent before the start of the contest;
    (g) after entering the ring or contest area, penetrating an area within four feet of an opponent by a contestant, manager, or second before the commencement of the contest; or
    (h) as further defined by rules made by the commission under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 9-23-101
  • use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
  • Utility: means a utility owned by a city, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-6-106
  • Vehicle liability insurance: means insurance against liability resulting from or incident to ownership, maintenance, or use of a land vehicle or aircraft, exclusive of a vehicle comprehensive or vehicle physical damage coverage described in Subsection (155). See Utah Code 31A-1-301
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Vital records: means :
    (a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;
    (b) amendments to any of the registered certificates or reports described in Subsection (24)(a);
    (c) an adoption document; and
    (d) other similar documents. See Utah Code 26B-8-101
  • Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101
  • Voting security: means a security with voting rights, and includes a security convertible into a security with a voting right associated with the security. See Utah Code 31A-1-301
  • Ward: means an incapacitated person for whom the office has been appointed as guardian or conservator. See Utah Code 26B-6-301
  • Warrant: means an order drawn upon the city treasurer, in the absence of sufficient money in the city's depository, by an authorized officer of a city for the purpose of paying a specified amount out of the city treasury to the person named or to the bearer as money becomes available. See Utah Code 10-6-106
  • White-collar contest: means a contest conducted at a training facility where no alcohol is served in which:
    (a) for boxing:
    (i) neither contestant is or has been a licensed contestant in any state or an amateur registered with USA Boxing, Inc. See Utah Code 9-23-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5

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