Terms Used In Utah Code > Title 13 > Chapter 1b - Office of Professional Licensure Review

• 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
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Aggregate daily expenditures: means :

  (a)	for a single lobbyist, principal, or government officer, the total of all expenditures made within a calendar day by the lobbyist, principal, or government officer for the benefit of an individual public official;

  (b)	for an expenditure made by a member of a lobbyist group, the total of all expenditures made within a calendar day by every member of the lobbyist group for the benefit of an individual public official; or

  (c)

  for a multiclient lobbyist, the total of all expenditures made by the multiclient lobbyist within a calendar day for the benefit of an individual public official, regardless of whether the expenditures were attributed to different clients. See Utah Code 36-11-102 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. 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 Approved activity: means an event, a tour, or a meeting: (a)  (i)  to which a legislator or another nonexecutive branch public official is invited; and (ii)  attendance at which is approved by: (A)  the speaker of the House of Representatives, if the public official is a member of the House of Representatives or another nonexecutive branch public official; or (B)  the president of the Senate, if the public official is a member of the Senate or another nonexecutive branch public official; or (b)  (i)  to which a public official who holds a position in the executive branch of state government is invited; and (ii)  attendance at which is approved by the governor or the lieutenant governor. See Utah Code 36-11-102 Arrest: Taking physical custody of a person by lawful authority. 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. Board of education: means : (a)  a local school board described in Title 53G, Chapter 4, School Districts; (b)  the State Board of Education; (c)  the State Charter School Board created under Section 53G-5-201; or (d)  a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 36-11-102 Capitol hill complex: means the same as that term is defined in Section 63C-9-102. See Utah Code 36-11-102 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Compensation: includes : (i)  a salary or commission; (ii)  a bonus; (iii)  a benefit; (iv)  a contribution to a retirement program or account; (v)  a payment includable in gross income, as defined in Section 62, Internal Revenue Code, and subject to social security deductions, including a payment in excess of the maximum amount subject to deduction under social security law; (vi)  an amount that the individual authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; or (vii)  income based on an individual's ownership interest. See Utah Code 36-11-102 Compensation payor: means a person who pays compensation to a public official in the ordinary course of business: (a)  because of the public official's ownership interest in the compensation payor; or (b)  for services rendered by the public official on behalf of the compensation payor. See Utah Code 36-11-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Criminal conduct: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Commerce. See Utah Code 13-1b-101 Dependent: A person dependent for support upon another. Devise: To gift property by will. Director: means the director of the office. See Utah Code 13-1b-101 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Donor: The person who makes a gift. Education action: means : (a)  a resolution, policy, or other official action for consideration by a board of education; (b)  a nomination or appointment by an education official or a board of education; (c)  a vote on an administrative action taken by a vote of a board of education; (d)  an adjudicative proceeding over which an education official has direct or indirect control; (e)  a purchasing or contracting decision; (f)  drafting or making a policy, resolution, or rule; (g)  determining a rate or fee; or (h)  making an adjudicative decision. See Utah Code 36-11-102 Education official: means : (a)  a member of a board of education; (b)  an individual appointed to or employed in a position under a board of education, if that individual: (i)  occupies a policymaking position or makes purchasing or contracting decisions; (ii)  drafts resolutions or policies or drafts or makes rules; (iii)  determines rates or fees; (iv)  makes decisions relating to an education budget or the expenditure of public money; or (v)  makes adjudicative decisions; or (c)  an immediate family member of an individual described in Subsection (8)(a) or (b). See Utah Code 36-11-102 Event: means entertainment, a performance, a contest, or a recreational activity that an individual participates in or is a spectator at, including a sporting event, an artistic event, a play, a movie, dancing, or singing. See Utah Code 36-11-102 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 action: means : (a)  a nomination or appointment by the governor; (b)  the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c)  agency ratemaking proceedings; or (d)  an adjudicative proceeding of a state agency. See Utah Code 36-11-102 Executive director: means the executive director of the Department of Commerce. See Utah Code 13-1b-101 Expenditure: means any of the items listed in this Subsection (11)(a) when given to or for the benefit of a public official unless consideration of equal or greater value is received: (i)  a purchase, payment, or distribution; (ii)  a loan, gift, or advance; (iii)  a deposit, subscription, or forbearance; (iv)  services or goods; (v)  money; (vi)  real property; (vii)  a ticket or admission to an event; or (viii)  a contract, promise, or agreement, whether or not legally enforceable, to provide any item listed in Subsections (11)(a)(i) through (vii). See Utah Code 36-11-102 Food reimbursement rate: means the total amount set by the director of the Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an employee of the executive branch, for an entire day. See Utah Code 36-11-102 Forbearance: A means of handling a delinquent loan. A Foreign agent: means an individual who engages in lobbying under contract with a foreign government. See Utah Code 36-11-102 Foreign government: means a government other than the government of: (a)  the United States; (b)  a state within the United States; (c)  a territory or possession of the United States; or (d)  a political subdivision of the United States. See Utah Code 36-11-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government officer: means : (i)  an individual elected to a position in state or local government, when acting in the capacity of the state or local government position; (ii)  an individual elected to a board of education, when acting in the capacity of a member of a board of education; (iii)  an individual appointed to fill a vacancy in a position described in Subsection (15)(a)(i) or (ii), when acting in the capacity of the position; or (iv)  an individual appointed to or employed in a full-time position by state government, local government, or a board of education, when acting in the capacity of the individual's appointment or employment. See Utah Code 36-11-102 Government requestor: means : (a)  the governor; (b)  an executive branch officer other than the governor; (c)  an executive branch agency; (d)  a legislator; or (e)  a legislative committee. See Utah Code 13-1b-101 Immediate family: means : (a)  a spouse; (b)  a child residing in the household; or (c)  an individual claimed as a dependent for tax purposes. See Utah Code 36-11-102 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 action: means : (a)  a bill, resolution, amendment, nomination, veto override, or other matter pending or proposed in either house of the Legislature or its committees or requested by a legislator; and (b)  the action of the governor in approving or vetoing legislation. See Utah Code 36-11-102 licensing: means a state-granted authorization for a person to engage in a specified occupation: (a)  based on the person meeting personal qualifications established under state law; and (b)  where state law requires the authorization before the person may lawfully engage in the occupation for compensation. See Utah Code 13-1b-101 Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102 Lobbyist: means : (i)  an individual who is employed by a principal; or (ii)  an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102 Lobbyist group: means two or more lobbyists, principals, government officers, or any combination of lobbyists, principals, and government officers, who each contribute a portion of an expenditure made to benefit a public official or member of the public official's immediate family. See Utah Code 36-11-102 Local action: means : (a)  an ordinance or resolution for consideration by a local government; (b)  a nomination or appointment by a local official or a local government; (c)  a vote on an administrative action taken by a vote of a local government's legislative body; (d)  an adjudicative proceeding over which a local official has direct or indirect control; (e)  a purchasing or contracting decision; (f)  drafting or making a policy, resolution, or rule; (g)  determining a rate or fee; or (h)  making an adjudicative decision. See Utah Code 36-11-102 Local government: means : (a)  a county, city, town, or metro township; (b)  a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts; (c)  a special service district governed by Title 17D, Chapter 1, Special Service District Act; (d)  a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (e)  a conservation district governed by Title 17D, Chapter 3, Conservation District Act; (f)  a redevelopment agency; or (g)  an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102 Local official: means : (a)  an elected member of a local government; (b)  an individual appointed to or employed in a position in a local government if that individual: (i)  occupies a policymaking position or makes purchasing or contracting decisions; (ii)  drafts ordinances or resolutions or drafts or makes rules; (iii)  determines rates or fees; or (iv)  makes adjudicative decisions; or (c)  an immediate family member of an individual described in Subsection (23)(a) or (b). See Utah Code 36-11-102 Meeting: means a gathering of people to discuss an issue, receive instruction, or make a decision, including a conference, seminar, or summit. See Utah Code 36-11-102 Multiclient lobbyist: means a single lobbyist, principal, or government officer who represents two or more clients and divides the aggregate daily expenditure made to benefit a public official or member of the public official's immediate family between two or more of those clients. See Utah Code 36-11-102 Occupation: means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation. See Utah Code 13-1b-101 Office: means the Office of Professional Licensure Review created in this chapter. See Utah Code 13-1b-101 Periodic review: means a review described in Subsection 13-1b-203(2). See Utah Code 13-1b-101 Person: means :Utah Code 68-3-12.5 Personal qualifications: includes : (i)  completion of an approved education program; (ii)  satisfactory performance on an examination; (iii)  work experience; and (iv)  completion of continuing education. See Utah Code 13-1b-101 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. Plea in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-2a-1 Plea in abeyance agreement: means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance. See Utah Code 77-2a-1 Principal: means a person that employs an individual to perform lobbying, either as an employee or as an independent contractor. See Utah Code 36-11-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public official: means : (a)  (i)  a member of the Legislature; (ii)  an individual elected to a position in the executive branch of state government; or (iii)  an individual appointed to or employed in a position in the executive or legislative branch of state government if that individual: (A)  occupies a policymaking position or makes purchasing or contracting decisions; (B)  drafts legislation or makes rules; (C)  determines rates or fees; or (D)  makes adjudicative decisions; (b)  an immediate family member of a person described in Subsection (27)(a); (c)  a local official; or (d)  an education official. See Utah Code 36-11-102 Public official type: means a notation to identify whether a public official is: (a)  (i)  a member of the Legislature; (ii)  an individual elected to a position in the executive branch of state government; (iii)  an individual appointed to or employed in a position in the legislative branch of state government who meets the definition of public official under Subsection (27)(a)(iii); (iv)  an individual appointed to or employed in a position in the executive branch of state government who meets the definition of public official under Subsection (27)(a)(iii); (v)  a local official, including a description of the type of local government for which the individual is a local official; or (vi)  an education official, including a description of the type of board of education for which the individual is an education official; or (b)  an immediate family member of an individual described in Subsection (27)(a), (c), or (d). See Utah Code 36-11-102 Quarterly reporting period: means the three-month period covered by each financial report required under Subsection 36-11-201(2)(a). See Utah Code 36-11-102 Regulated occupation: means an occupation that: (a)  requires a person to obtain a license to practice the occupation; or (b)  provides for state certification or state registration. See Utah Code 13-1b-101 Related person: means a person, agent, or employee who knowingly and intentionally assists a lobbyist, principal, or government officer in lobbying. See Utah Code 36-11-102 Relative: means : (a)  a spouse; (b)  a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or (c)  a spouse of an individual described in Subsection (31)(b). See Utah Code 36-11-102 Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Service of process: The service of writs or summonses to the appropriate party. 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 State certification: means a state-granted authorization given to a person to use the term "state certified" as part of a designated title related to engaging in a specified occupation: (a)  based on the person meeting personal qualifications established under state law; and (b)  where state law prohibits a noncertified person from using the term "state certified" as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation. See Utah Code 13-1b-101 State registration: means a state-granted authorization given to a person to use the term "state registered" as part of a designated title related to engaging in a specified occupation: (a)  based on the person meeting requirements established under state law, which may include the person's name and address, the person's agent for service of process, the location of the activity to be performed, and bond or insurance requirements; (b)  where state law does not require the person to meet any personal qualifications; and (c)  where state law prohibits a nonregistered person from using the term "state registered" as part of a designated title. See Utah Code 13-1b-101 Statute: A law passed by a legislature. Sunrise review: means a review under this chapter of an application to establish a new regulated occupation. See Utah Code 13-1b-101 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. Tour: means visiting a location, for a purpose relating to the duties of a public official, and not primarily for entertainment, including: (a)  viewing a facility; (b)  viewing the sight of a natural disaster; or (c)  assessing a circumstance in relation to which a public official may need to take action within the scope of the public official's duties. See Utah Code 36-11-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Victim: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1 Writing: includes :Utah Code 68-3-12.5