Terms Used In Utah Code > Title 11 > Chapter 63 - Trampoline Park Safety

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
• 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.
• 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 Alien insurer: means an insurer domiciled outside the United States. 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. Anchored: means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline. See Utah Code 73-18-2 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. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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. 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. Beached: means that a vessel's hull is resting on the bed or shoreline of a waterbody. See Utah Code 73-18-2 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 Beneficiary: means a person holding a certificate representing a beneficial interest in the trust estate and assets. See Utah Code 16-15-102 Boat livery: means a person that holds a vessel for renting or leasing. See Utah Code 73-18-2 Business entity: means : (a)  a sole proprietorship; (b)  a corporation; (c)  a partnership; (d)  a limited liability company; or (e)  an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002 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 Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2 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 mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Client: means an individual who the department has determined to be eligible for services or benefits under: (a)  Chapter 3, Employment Support Act; and (b)  Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102 Commercial trampoline: means a device that: (a)  incorporates a trampoline bed; and (b)  is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See Utah Code 11-63-102 Commission: means the Labor Commission. See Utah Code 34A-6-103 Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2 Commission: means the Outdoor Adventure Commission. See Utah Code 73-18a-1 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. Consideration: means something of value given or done in exchange for something given or done by another. See Utah Code 73-18-2 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. 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale. See Utah Code 73-18-2 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Department: means the Insurance Department. See Utah Code 31A-1-301 Devise: To gift property by will. 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 Occupational Safety and Health. See Utah Code 34A-6-103 Division: means the Division of Boiler and Elevator Safety within the commission. See Utah Code 34A-7-202 Division: means the Division of Corporations and Commercial Code. See Utah Code 16-15-102 Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2 Division: means the Division of Outdoor Recreation. See Utah Code 73-18a-1 Docket: A log containing brief entries of court proceedings. Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301 Donor: The person who makes a gift. Economic service area: means an economic service area established in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102 Elevator: means a hoisting and lowering mechanism: (i)  equipped with a car or platform; and (ii)  that moves in guides in a substantially vertical direction. See Utah Code 34A-7-202 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102 Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103 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 Employer: means : (i)  the state; (ii)  a county, city, town, and school district in the state; and (iii)  a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103 Employment assistance: means services or benefits provided by the department under: (a)  Chapter 3, Employment Support Act; and (b)  Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102 Employment plan: means a written agreement between the department and a client that describes: (a)  the relationship between the department and the client; (b)  the obligations of the department and the client; and (c)  the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102 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 Escalator: means a stairway, moving walkway, or runway that is: (i)  power-driven; (ii)  continuous; and (iii)  used to transport one or more individuals. See Utah Code 34A-7-202 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-6-103 Fiduciary: A trustee, executor, or administrator. 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 First responder: means : (i)  a first responder as defined in Section 34A-2-102; (ii)  an individual employed by: (A)  a health care facility as defined in Section 26B-2-201; (B)  an office of a physician, chiropractor, or dentist; (C)  a nursing home; (D)  a retirement facility; (E)  a home health care provider; (F)  a pharmacy; (G)  a facility that performs laboratory or medical testing on human specimens; or (H)  an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G); (iii)  an individual employed by, working with, or working at the direction of a local health department; or (iv)  a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301 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 Franchise: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Franchisee: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Franchisor: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 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. 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 Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Human body waste: means excrement, feces, or other waste material discharged from the human body. See Utah Code 73-18a-1 Imminent danger: means a danger exists which reasonably could be expected to cause an occupational disease, death, or serious physical harm immediately, or before the danger could be eliminated through enforcement procedures under this chapter. See Utah Code 34A-6-103 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 Individual: means a natural person. See Utah Code 31A-1-301 Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inspection: means a procedure that an inspector conducts to: (a)  determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations; (b)  determine the operational safety of a trampoline park facility, including any device or material; and (c)  determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102 Inspector: means an individual who: (a)  conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and (b)  (i)  is certified by: (A)  an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or (B)  an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A); (ii)  represents the insurer of the trampoline park; (iii)  represents or is certified by a department or agency, regardless of whether the agency is located within the state, that: (A)  inspects amusement and recreational facilities and equipment; and (B)  certifies and trains professional private industry inspectors through written testing and continuing education requirements; or (iv)  represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102 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 Interinsurance exchange: means the same as that term is defined in Subsection (163). See Utah Code 31A-1-301 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. Land: includes :Utah Code 68-3-12.5 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. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Lien: A claim against real or personal property in satisfaction of a debt. 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 Litter: means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful. See Utah Code 73-18a-1 Local regulating authority: means the business licensing division of: (a)  the city, town, or metro township in which the trampoline park is located; or (b)  if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102 Marine toilet: means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. See Utah Code 73-18a-1 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Moored: means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency. See Utah Code 73-18-2 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2 Mutual: 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 National consensus standard: means any occupational safety and health standard or modification: (i)  adopted by a nationally recognized standards-producing organization under procedures where it can be determined by the administrator and division that persons interested and affected by the standard have reached substantial agreement on its adoption; (ii)  formulated in a manner which affords an opportunity for diverse views to be considered; and (iii)  designated as such a standard by the secretary of the United States Department of Labor. See Utah Code 34A-6-103 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. Operate: means to navigate, control, or otherwise use a vessel. See Utah Code 73-18-2 Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102 Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2 Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18a-1 Order: means an order of the commissioner. See Utah Code 31A-1-301 Oversight: Committee review of the activities of a Federal agency or program. Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2 Owner: means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. See Utah Code 73-18a-1 Owner or operator: means a person who owns, controls, or has the duty to control the operation of an elevator or escalator. See Utah Code 34A-7-202 Participant: means an individual that uses trampoline park equipment. See Utah Code 11-63-102 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 the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions. See Utah Code 34A-6-103 Person: means :Utah Code 68-3-12.5 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, general partnership, limited liability partnership, limited partnership, limited liability company, limited association, domestic or foreign trust, estate, association, or corporation. See Utah Code 16-15-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Personal watercraft: means a motorboat that is: (a)  less than 16 feet in length; (b)  propelled by a water jet pump; and (c)  designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. See Utah Code 73-18-2 Physician: means an individual licensed under: (i)  Title 58, Chapter 67, Utah Medical Practice Act; (ii)  Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (iii)  Title 58, Chapter 70a, Utah Physician Assistant Act; or (iv)  Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse. See Utah Code 34A-3-201 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 Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301 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 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 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. Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 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 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 assistance: means : (a)  services or benefits provided under Chapter 3, Employment Support Act; (b)  medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance; (c)  foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act; (d)  SNAP benefits; and (e)  any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102 Publish: means publication in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 34A-6-103 Quorum: The number of legislators that must be present to do business. 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 Safety code: means the one or more codes adopted by the division in accordance with Subsection 34A-7-203(6) to be used in inspecting elevators and escalators. See Utah Code 34A-7-202 Sailboat: means any vessel having one or more sails and propelled by wind. See Utah Code 73-18-2 Secretary: means the secretary of the United States Department of Labor. See Utah Code 34A-6-103 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 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 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. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 SNAP: means the federal "Supplemental Nutrition Assistance Program" under Title 7, U. See Utah Code 35A-1-102 Standard: means an occupational health and safety standard or group of standards which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary to provide safety and healthful employment and places of employment. See Utah Code 34A-6-103 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. Subpoena: A command to a witness to appear and give testimony. Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 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 Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102 Trampoline court: means an area of a trampoline park comprising: (a)  multiple commercial trampolines; or (b)  at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102 Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102 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. Unincorporated entity: means an entity organized or doing business in the state that is not: (i)  an individual; (ii)  a corporation; or (iii)  publicly traded. See Utah Code 34A-6-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah minimum wage: means the highest wage designated as Utah's minimum wage under Title 34, Chapter 40, Utah Minimum Wage Act. See Utah Code 34A-3-201 Variance: means a special, limited modification or change in the code or standard applicable to the particular establishment of the employer or person petitioning for the modification or change. See Utah Code 34A-6-103 Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2 Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18a-1 Vulnerable populations: means children or adults with a life situation that substantially affects that individual's ability to: (a)  provide personal protection; (b)  provide necessities such as food, shelter, clothing, or mental or other health care; (c)  obtain services necessary for health, safety, or welfare; (d)  carry out the activities of daily living; (e)  manage the adult's own financial resources; or (f)  comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 35A-1-102 Waiver: means a workers' compensation coverage waiver issued under this part. See Utah Code 34A-2-1002 Wakeless speed: means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel. See Utah Code 73-18-2 Waters of this state: means any waters within the territorial limits of this state. See Utah Code 73-18-2 Waters of this state: means all waters within the territorial limits of this state except those used exclusively for private purposes. See Utah Code 73-18a-1 Workplace: means any place of employment. See Utah Code 34A-6-103 Writing: includes :Utah Code 68-3-12.5