Terms Used In Utah Code > Title 13 > Chapter 14 > Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises

• 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 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 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. 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 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 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. 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 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. Contract: A legal written agreement that becomes binding when signed. 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 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 Department: means the Department of Commerce. See Utah Code 13-14-102 Department: means the Insurance Department. See Utah Code 31A-1-301 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 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 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 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. 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. 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 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 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 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. 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 License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301 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 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. Order: means an order of the commissioner. See Utah Code 31A-1-301 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 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 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. 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 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 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 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 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 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 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. 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 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 Writing: includes :Utah Code 68-3-12.5