Part 1 General Administration 13-14-101 – 13-14-108
Part 2 Franchises in General 13-14-201 – 13-14-206
Part 3 Restrictions on Termination, Relocation, and Establishment of Franchises 13-14-301 – 13-14-310

Terms Used In Utah Code > Title 13 > Chapter 14 - New Automobile Franchise Act

  • Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 10-9a-103
  • account: means a trust account established at a depository institution in this state pursuant to a medical care savings account program to pay the eligible medical expenses of:
    (a) an employee or account holder; and
    (b) the dependents of the employee or account holder. See Utah Code 31A-32a-102
  • Account administrator: means any of the following:
    (a) a depository institution as defined in Section 7-1-103;
    (b) a trust company as defined in Section 7-1-103;
    (c) an insurance company authorized to do business in this state under this title;
    (d) a third party administrator licensed under Section 31A-25-203; and
    (e) an employer if the employer has a self-insured health plan under ERISA. See Utah Code 31A-32a-102
  • Account holder: means the resident individual who establishes a medical care savings account or for whose benefit a medical care savings account is established. See Utah Code 31A-32a-102
  • accounting: means :
    (a) the systematic recording, classification, or summarizing of a financial transaction or event; and
    (b) the interpretation or presentation of the result of an action described in Subsection (1)(a). See Utah Code 17-19a-102
  • Accounting services: means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report. See Utah Code 17-19a-102
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
  • Affected municipality: means an incorporated city or town:
    (a) that is located in the notice area; and
    (b) 
    (i) within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or
    (ii) within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102
  • Affiliate: has the meaning set forth in Section 16-10a-102. See Utah Code 13-14-102
  • Aftermarket product: means any product or service not included in the franchisor's suggested retail price of the new motor vehicle, as that price appears on the label required by 15 U. See Utah Code 13-14-102
  • 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
  • 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.
  • auditing: means an examination that is a formal analysis of a county account or county financial record:
    (a) to verify accuracy, completeness, or compliance with an internal control;
    (b) to give a fair presentation of a county's financial status; and
    (c) that conforms to the uniform classification of accounts established by the state auditor. See Utah Code 17-19a-102
  • Authorized agency: means :
    (a) the attorney general;
    (b) the state fire marshal;
    (c) any state law enforcement agency;
    (d) any criminal investigative department or agency of the United States;
    (e) a district attorney;
    (f) the prosecuting attorney of any municipality or county;
    (g) the department; or
    (h) the disciplinary section of an agency licensing a service provider. See Utah Code 31A-31-102
  • Authorized emergency vehicle: includes :
    (a) fire department vehicles;
    (b) police vehicles;
    (c) ambulances; and
    (d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
  • 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
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Bequest: Property gifted by will.
  • Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
  • board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
  • Book: means a financial record of the county, regardless of a record's format. See Utah Code 17-19a-102
  • 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
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contiguous: means :
    (a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
    (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
  • 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.
  • County auditor: includes a person given the title of county controller under Subsection 17-19a-202(6). See Utah Code 17-19a-102
  • County executive: means the elected chief executive officer of a county. See Utah Code 17-19a-102
  • County legislative body: means :Utah Code 68-3-12.5
  • Crosswalk: means :
    (a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:
    (i) 
    (A) the curbs; or
    (B) in the absence of curbs, from the edges of the traversable roadway; and
    (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
    (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealership: means a site or location in this state:
    (a) at which a franchisee conducts the business of a new motor vehicle dealer; and
    (b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102
  • Deductible: means the total deductible for an employee and all the dependents of that employee for a calendar year. See Utah Code 31A-32a-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Commerce. See Utah Code 13-14-102
  • Department: means the Department of Public Safety. See Utah Code 41-6a-102
  • Department: means the Department of Natural Resources created in Section 79-2-201. See Utah Code 79-1-102
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Do-not-drive order: means an order issued by a franchisor that instructs an individual not to operate a motor vehicle of the franchisor's line-make due to a recall. See Utah Code 13-14-102
  • Employee: means the individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. See Utah Code 31A-32a-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
  • 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
  • ERISA: means the Employee Retirement Income Security Act of 1974, Public Law 93-406, 88 Stat. See Utah Code 31A-32a-102
  • 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
  • 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: 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
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
  • Executive director: means the executive director of the department who is appointed under Section 79-2-202. See Utah Code 79-1-102
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 13-14-102
  • 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 loss: includes :
    (a) out-of-pocket expenses;
    (b) reasonable attorney fees;
    (c) repair and replacement costs; or
    (d) claims payments. See Utah Code 31A-31-102
  • 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.
  • franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102
  • Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
  • Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
    (a) the manufacturer, producer, assembler, or distributor of the new motor vehicles;
    (b) an intermediate distributor; and
    (c) an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
  • Fraud: Intentional deception resulting in injury to another.
  • General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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
  • Higher deductible: means a deductible of not less than $1,000. See Utah Code 31A-32a-102
  • Highway: includes :Utah Code 68-3-12.5
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Insurer: means any person or aggregation of persons:
    (a) doing insurance business, as defined in Section 31A-1-301; or
    (b) subject to the supervision of the commissioner under:
    (i) this title; or
    (ii) any equivalent insurance supervisory official of another state. See Utah Code 31A-31-102
  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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
  • Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
  • Lead: means the referral by a franchisor to a franchisee of a potential customer whose contact information was obtained from a franchisor's program, process, or system designed to generate referrals for the purchase or lease of a new motor vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-14-102
  • 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: 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
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • 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.
  • Line-make: means :
    (a) for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
    (b) for a recreational vehicle, a specific series of recreational vehicle product that:
    (i) is identified by a common series trade name or trademark;
    (ii) is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;
    (iii) has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;
    (iv) belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
    (v) a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
  • Major transit investment corridor: means public transit service that uses or occupies:
    (a) public transit rail right-of-way;
    (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
    (c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:
    (i) a public transit district as defined in Section 17B-2a-802; or
    (ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
  • 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 assisted scooter: means a self-propelled device with:
    (i) at least two wheels in contact with the ground;
    (ii) a braking system capable of stopping the unit under typical operating conditions;
    (iii) an electric motor not exceeding 2,000 watts;
    (iv) either:
    (A) handlebars and a deck design for a person to stand while operating the device; or
    (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
    (v) a design for the ability to be propelled by human power alone; and
    (vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
  • Motor home: means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102
  • Motor vehicle: means :
    (i) except as provided in Subsection (16)(b), a trailer;
    (ii) a travel trailer;
    (iii) except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
    (iv) a semitrailer as defined in Section 41-1a-102; and
    (v) a recreational vehicle. See Utah Code 13-14-102
  • Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-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
  • NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
  • New motor vehicle: means a motor vehicle that:
    (a) has never been titled or registered; and
    (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102
  • New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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
  • Notice area: means the geographic area that is:
    (a) within a radius of at least six miles and no more than 10 miles from the site of an existing dealership; and
    (b) located within a county with a population of at least 225,000. See Utah Code 13-14-102
  • notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102
  • 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 the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
  • 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.
  • Performance audit: means an assessment of whether a county office, officer, department, division, court, or entity, or any related county program is:
    (a) managing public resources and exercising authority in compliance with law and policy;
    (b) achieving objectives and desired outcomes; and
    (c) providing services effectively, efficiently, economically, ethically, and equitably. See Utah Code 17-19a-102
  • Person: means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity. See Utah Code 31A-31-102
  • 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 a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • 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
  • 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
  • Primary market area: means :
    (a) for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or
    (b) for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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
  • program: means one of the following programs:
    (a) a program established by an employer in which the employer:
    (i) purchases a qualified higher deductible health plan for the benefit of an employee and the employee's dependents; and
    (ii) contributes on behalf of an employee into a medical care savings account; or
    (b) a program established by an account holder in which the account holder:
    (i) purchases a qualified higher deductible health plan for the benefit of the account holder and the account holder's dependents; and
    (ii) contributes an amount to the medical care savings account. See Utah Code 31A-32a-102
  • 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 hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • 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 street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
  • Qualified higher deductible health plan: means a health coverage policy, certificate, or contract that:
    (a) provides for payments for covered benefits that exceed the higher deductible; and
    (b) is purchased by:
    (i) an employer for the benefit of an employee for whom the employer makes deposits into a medical care savings account; or
    (ii) an account holder. See Utah Code 31A-32a-102
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
  • 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
  • Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102
  • Recall repair: means any diagnostic work, labor, or part necessary to resolve an issue that is the basis of a recall. See Utah Code 13-14-102
  • Recreational vehicle: includes :
    (i) a travel trailer;
    (ii) a camping trailer;
    (iii) a motor home;
    (iv) a fifth wheel trailer; and
    (v) a van. See Utah Code 13-14-102
  • 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.
  • 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
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
  • Runner: includes :
    (i) a capper; or
    (ii) a steerer. See Utah Code 31A-31-102
  • 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
  • Semitrailer: means a vehicle with or without motive power:
    (i) designed for carrying persons or property and for being drawn by a motor vehicle; and
    (ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102
  • Service provider: means :
    (a) an individual licensed to practice law;
    (b) an individual licensed or certified by the state under:
    (i) this title;
    (ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
    (iii) Title 58, Occupations and Professions; or
    (iv) Title 61, Securities Division - Real Estate Division;
    (c) an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);
    (d) an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or
    (e) a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance. See Utah Code 31A-31-102
  • 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.
  • Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Site-control agreement: means an agreement, however denominated and regardless of the agreement's form or of the parties to the agreement, that has the effect of:
    (a) controlling in any way the use and development of the premises upon which a franchisee's business operations are located;
    (b) requiring a franchisee to establish or maintain an exclusive dealership facility on the premises upon which the franchisee's business operations are located; or
    (c) restricting the ability of the franchisee or, if the franchisee leases the dealership premises, the franchisee's lessor to transfer, sell, lease, develop, redevelop, or change the use of some or all of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease, option to purchase or lease, or any similar arrangement. See Utah Code 13-14-102
  • Small trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102
  • 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
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
  • Statement: includes any:
    (a) 
    (i) notice;
    (ii) statement;
    (iii) proof of loss;
    (iv) bill of lading;
    (v) receipt for payment;
    (vi) invoice;
    (vii) account;
    (viii) estimate of property damage;
    (ix) bill for services;
    (x) diagnosis;
    (xi) prescription;
    (xii) hospital or doctor record;
    (xiii) x-ray;
    (xiv) test result; or
    (xv) other evidence of loss, injury, or expense; or
    (b) item listed in Subsection (8)(a) that is a computer-generated document. See Utah Code 31A-31-102
  • Statute: A law passed by a legislature.
  • Subdivision: includes :
    (i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
    (ii) except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • Subpoena: A command to a witness to appear and give testimony.
  • substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305
  • 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
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102
  • Trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102
  • Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
  • Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Used motor vehicle: means a motor vehicle that:
    (a) has been titled and registered to a purchaser other than a franchisee; or
    (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
  • Venue: The geographical location in which a case is tried.
  • Writing: includes :Utah Code 68-3-12.5