Terms Used In Utah Code > Title 11 > Chapter 14 - Local Government Bonding Act

• 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 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 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. 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 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. 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: 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 Arrest: Taking physical custody of a person by lawful authority. 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 Breach of system security: means an unauthorized acquisition of computerized data maintained by a person that compromises the security, confidentiality, or integrity of personal information. See Utah Code 13-44-102 Case law: The law as laid down in cases that have been decided in the decisions of the courts. 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102 Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of: (a)  services; (b)  personal or real property; or (c)  another thing of value. See Utah Code 13-49-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consumer: means a natural person. See Utah Code 13-44-102 Consumer: means an individual who is not a protected consumer. See Utah Code 13-45-102 Consumer reporting agency: means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a credit report to another person. See Utah Code 13-45-102 Consumer who is subject to a protected consumer security freeze: means an individual: (a)  for whom a credit reporting agency placed a security freeze under Section 13-45-503; and (b)  who, on the day on which a request for the removal of the security freeze is submitted under Section 13-45-504, is not a protected consumer. See Utah Code 13-45-102 Contract: A legal written agreement that becomes binding when signed. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Credit report: means a consumer report, as defined in 15 U. See Utah Code 13-45-102 Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC Customer: means a person who, for primarily personal, family, or household purposes: (a)  purchases a residential solar energy system under a system purchase agreement; (b)  leases a residential solar energy system under a system lease agreement; or (c)  purchases electricity under a power purchase agreement. See Utah Code 13-52-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Commerce. See Utah Code 13-47-102 Department: means the Department of Commerce. See Utah Code 13-49-102 Department: means the Insurance Department. See Utah Code 31A-1-301 Dependent: A person dependent for support upon another. 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 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Consumer Protection. See Utah Code 13-53-102 Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102 Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102 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 Employee: means an individual: (a)  who is hired to perform services in Utah; and (b)  to whom a private employer provides a federal form required for federal taxation purposes to report income paid to the individual for the services performed. See Utah Code 13-47-102 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 Enrollee: includes an insured. See Utah Code 31A-1-301 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. 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: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. File: is a s defined in 15 U. See Utah Code 13-45-102 Financial institution: means the same as that term is defined in 15 U. See Utah Code 13-44-102 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. 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 Fraud: Intentional deception resulting in injury to another. fund: means the Transportation Network Vehicle Recovery Fund created in Subsection (2). See Utah Code 13-51-201 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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 provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301 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 Portability and Accountability Act: means the Health Insurance Portability and Accountability Act of 1996, Pub. See Utah Code 31A-1-301 Highway: includes :Utah Code 68-3-12.5 Human services program: means the same as that term is defined in Section 62A-2-101. See Utah Code 13-53-102 Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including: (a)  completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document; (b)  translating a person's answer to a question posed in a document provided by a federal or state agency; (c)  securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency; (d)  submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or (e)  for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102 Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under: (a)  immigration and naturalization law; (b)  executive order or presidential proclamation; or (c)  action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102 Incapacitated person: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 13-45-102 Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301 Individual: means a natural person. See Utah Code 31A-1-301 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 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 Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Motor vehicle license cost recovery fee: means a fee or charge that may be separately stated and charged on the short-term motor vehicle lease or rental contract in a motor vehicle lease or rental transaction originating in this state to recover the costs incurred by a motor vehicle rental company to license, title, register, obtain license plates for, and inspect rental motor vehicles. See Utah Code 13-48-102 Motor vehicle rental company: means any person or organization in the business of renting motor vehicles to the public. See Utah Code 13-48-102 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 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 Normal business hours: means Sunday through Saturday, between the hours of 6:00 a. See Utah Code 13-45-102 Order: means an order of the commissioner. See Utah Code 31A-1-301 Participant: means an individual who: (a)  resides at a residential, vocational and life skills program facility; (b)  receives from the residential, vocational and life skills program: (i)  vocational training; or (ii)  life skills training; and (c)  does not receive monetary compensation from the residential, vocational and life skills program. See Utah Code 13-53-102 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 Personal information: means a person's first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or date element is unencrypted or not protected by another method that renders the data unreadable or unusable: (i)  Social Security number; (ii)  (A)  financial account number, or credit or debit card number; and (B)  any required security code, access code, or password that would permit access to the person's account; or (iii)  driver license number or state identification card number. See Utah Code 13-44-102 personal information: includes any list, description, or other grouping of consumers, and publicly available information pertaining to the consumers, that is derived using any nonpublic personal information other than publicly available information. See Utah Code 13-45-102 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 Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301 Postsecondary school: means the same as that term is defined in Section 13-34-101. See Utah Code 13-53-102 v2 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 Power purchase agreement: means an agreement: (a)  between a customer and a solar retailer; (b)  for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and (c)  that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102 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 private employer: means a person who for federal taxation purposes is required to provide a federal form: (i)  to an individual who performs services for the person in Utah; and (ii)  to report income paid to the individual who performs the services. See Utah Code 13-47-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proprietary school: means the same as that term is defined in Section 13-34-102. See Utah Code 13-53-102 Protected consumer: means an individual who, at the time a request for a security freeze is made, is: (a)  less than 16 years of age; (b)  an incapacitated person; or (c)  a protected person. See Utah Code 13-45-102 Protected person: means the same as that term is defined in Section 75-5b-102. See Utah Code 13-45-102 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. Rebate: means : (a)  any allowance or discount against charged fees; or (b)  payment of any form of compensation, except for an item of nominal value, to: (i)  an insured; or (ii)  a person directly or indirectly associated with a residential building. See Utah Code 13-50-102 Record: includes materials maintained in any form, including paper and electronic. See Utah Code 13-44-102 Record: means a compilation of information that: (a)  identifies a protected consumer; (b)  is created by a consumer reporting agency solely for the purpose of complying with this section; and (c)  may not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. See Utah Code 13-45-102 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. Repair work: means any work done to siding, gutters, a roof system, or a window system to repair damage caused by wind or hail. See Utah Code 13-50-102 Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Utah Code 13-45-102 Residential building: means a single or multiple family dwelling of up to four units. See Utah Code 13-50-102 Residential contractor: means a person that, for compensation, other than wages as an employee, contracts or offers to contract to: (a)  perform repair work on a residential building; (b)  arrange for, manage, or process repair work on a residential building; or (c)  serve as a representative, agent, or assignee of the owner or possessor of a residential building for purposes of repair work on the residential building. See Utah Code 13-50-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :Utah Code 68-3-12.5 Roof system: includes roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation, and roof insulation. See Utah Code 13-50-102 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 Security freeze: means a prohibition, consistent with the provisions of this section, on a consumer reporting agency's furnishing of a consumer's credit report to a third party intending to use the credit report to determine the consumer's eligibility for credit. See Utah Code 13-45-201 security freeze: means : (1)  if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that: (a)  is placed on the protected consumer's record in accordance with this part; and (b)  except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's record; or (2)  if a consumer reporting agency has a file that pertains to the protected consumer, a restriction that: (a)  is placed on the protected consumer's credit report in accordance with this part; and (b)  except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report. See Utah Code 13-45-502 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102 Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102 Solar retailer: means a person who: (a)  sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement; (b)  owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or (c)  sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102 Status verification system: includes : (i)  the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U. See Utah Code 13-47-102 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Sufficient proof of authority: includes : (i)  a court order; (ii)  a lawfully executed power of attorney; or (iii)  a written, notarized statement signed by the person that expressly describes the person's authority to act on behalf of the protected consumer. See Utah Code 13-45-102 Summons: Another word for subpoena used by the criminal justice system. System lease agreement: means an agreement: (a)  under which a customer leases a residential solar energy system from a solar retailer; and (b)  that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. See Utah Code 13-52-102 System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102 taking: means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under: (a)  the Fifth or Fourteenth Amendment of the Constitution of the United States; or (b)  Utah Constitution Article I, Section 22. See Utah Code 13-43-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Unique personal identifier: means a personal identification number, password, or other secure form of identity verification accepted by a consumer reporting agency and intended for use by a consumer to place, remove, or temporarily remove a security freeze in accordance with this chapter. See Utah Code 13-45-201 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Veteran: means an individual who:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5