Terms Used In Utah Code > Title 11 > Chapter 59 - Point of the Mountain State Land Authority Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adverse action: means :

  (i)	an action that results in: (A)  the refusal to hire a potential employee; or (B)  the termination of employment, demotion, or reduction of wages of an employee; or

  (ii)

  a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee. See Utah Code 34-56-101 Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote. 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. 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. Applicant: means an individual who provides information to a public employer or private employer for the purpose of obtaining employment. See Utah Code 34-52-102 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. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-59-102 Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102 Award: means a final order of the commission as to the amount of compensation due: (i)  an injured employee; or (ii)  a dependent of a deceased employee. See Utah Code 34A-2-102 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 Board: means the authority's board, created in Section 11-59-301. See Utah Code 11-59-102 Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102 Building service: means any of the following services, if the charge for the service is $3,000 or less: (a)  cleaning or janitorial; (b)  furniture delivery, assembly, moving, or installation; (c)  landscaping; (d)  home repair; or (e)  any service similar to the services described in Subsections (1)(a) through (d). See Utah Code 34-53-102 Building service contractor: means a person who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking a building service. See Utah Code 34-53-102 Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102 Child: includes : (i)  a posthumous child; or (ii)  a child legally adopted prior to an injury. See Utah Code 34A-2-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Criminal conviction: means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 34-52-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decision: includes : (A)  an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or (B)  another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102 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. Dependent: A person dependent for support upon another. Digital application: means an Internet-connected software application that a person uses to obtain or provide a remote service. See Utah Code 34-53a-102 Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102 Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102 Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102 Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-54-102 Docket: A log containing brief entries of court proceedings. Employee: means an individual suffered or permitted to work by an employer. See Utah Code 34-56-101 Employer: means , except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals. See Utah Code 34-54-102 employer: includes a federal contractor. See Utah Code 34-56-101 Employment certification form: means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program. See Utah Code 34-54-102 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. 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. Ex officio: Literally, by virtue of one's office. Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 11-59-102 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 Fiduciary: A trustee, executor, or administrator. Filed: means the division has received and approved, as to form, a document submitted under this chapter, and has marked on the face of the document a stamp or seal indicating the time of day and date of approval, the name of the division, the division director's signature and division seal, or facsimiles of the signature or seal. See Utah Code 16-11-2 First responder: means : (i)  a law enforcement officer, as defined in Section 53-13-103; (ii)  an emergency medical technician, as defined in Section 26B-4-137; (iii)  an advanced emergency medical technician, as defined in Section 26B-4-137; (iv)  a paramedic, as defined in Section 26B-4-137; (v)  a firefighter, as defined in Section 34A-3-113; (vi)  a dispatcher, as defined in Section 53-6-102; or (vii)  a correctional officer, as defined in Section 53-13-104. See Utah Code 34A-2-102 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. Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Governmental entity: means : (a)  an executive branch agency as defined in Section 63A-16-102; (b)  the legislative branch; (c)  the judicial branch; (d)  the State Board of Education; (e)  the Utah Board of Higher Education; (f)  an institution of higher education; and (g)  a political subdivision of the state: (i)  as defined in Section 17B-1-102; and (ii)  including a school district. See Utah Code 34-56-101 Highway: includes :Utah Code 68-3-12.5 Hiring party: means a person who hires or enters into a contract with an independent contractor. See Utah Code 34-57-101 Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102 Independent contractor: means the same as that term is defined in Section 34A-2-103. See Utah Code 34-57-101 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juvenile adjudication: means : (a)  a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or (b)  an admission or plea of no contest under Section 80-6-306. See Utah Code 34-52-102 Land: includes :Utah Code 68-3-12.5 LEA: means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. See Utah Code 34-54-102 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 session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. 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. Marketplace company: means a person that: (a)  offers a digital application to the public; and (b)  accepts requests for remote services exclusively through the person's digital application. See Utah Code 34-53a-102 Mental health professional applicant: means an individual who: (a)  is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and (b)  provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act. See Utah Code 34-52-102 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. Motor carrier: means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. See Utah Code 34A-2-104 Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. See Utah Code 34A-2-104 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 New correctional facility: means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper. See Utah Code 11-59-102 Nurse practitioner: means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act. See Utah Code 34-56-101 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. Occupational accident related insurance: means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii): (i)  disability benefits; (ii)  death benefits; and (iii)  medical expense benefits, which include: (A)  hospital coverage; (B)  surgical coverage; (C)  prescription drug coverage; and (D)  dental coverage. See Utah Code 34A-2-104 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102 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. Person: means :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Physician: means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 34-56-101 Physician assistant: means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 34-56-101 Plaintiff: The person who files the complaint in a civil lawsuit. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Point of the mountain state land: means the approximately 700 acres of state-owned land in Draper, including land used for the operation of a state correctional facility until completion of the new correctional facility and state-owned land in the vicinity of the current state correctional facility. See Utah Code 11-59-102 Portable benefit plan: means a group that: (a)  offers an insurance product regulated by: (i)  Title 31A, Insurance Code; or (ii)  Title 35A, Chapter 4, Employment Security Act; and (b)  is assigned to an individual beneficiary and is not associated with a specific employer or hiring party. See Utah Code 34-57-101 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. Primary care provider: means a nurse practitioner, physician, or physician assistant. See Utah Code 34-56-101 Private employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-52-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Professional corporation: means a corporation organized under this chapter. See Utah Code 16-11-2 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public employer: means an employer that is: (a)  the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government; (b)  a state institution of higher education; or (c)  a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state. See Utah Code 34-52-102 Public entity: means : (a)  the state, including each department, division, or other agency of the state; or (b)  a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-59-102 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public Service Loan Forgiveness Program: means the Public Service Loan Forgiveness Program described in 34 C. See Utah Code 34-54-102 Public service organization: means the same as that term is defined in 34 C. See Utah Code 34-54-102 Quorum: The number of legislators that must be present to do business. 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. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Regulating board: means the board that is charged with the licensing and regulation of the practice of the profession which the professional corporation is organized to render. See Utah Code 16-11-2 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. Remand: When an appellate court sends a case back to a lower court for further proceedings. Remote service: includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application. See Utah Code 34-53a-102 Remote-service contractor: means a person who uses a marketplace company's digital application to provide a remote service to another person. See Utah Code 34-53a-102 Service marketplace platform: means an entity that: (a)  uses an Internet-connected software platform, including a mobile application: (i)  to connect building service contractors with customers seeking a building service; and (ii)  through which a customer may request a building service; and (b)  charges the building service contractor a fee to use the software platform. See Utah Code 34-53-102 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. State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Student loan forgiveness program: means : (a)  the Public Service Loan Forgiveness Program; or (b)  the Teacher Loan Forgiveness Program. See Utah Code 34-54-102 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Taxing entity: means the same as that term is defined in Section 59-2-102. See Utah Code 11-59-102 Teacher: means the same as that term is defined in 34 C. See Utah Code 34-54-102 Teacher Loan Forgiveness Program: means the Teacher Loan Forgiveness Program described in 34 C. See Utah Code 34-54-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 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. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Workplace: means the same as that term is defined in Section 34A-6-103. See Utah Code 34-56-101 Writing: includes :Utah Code 68-3-12.5