Utah Code > Title 13 > Chapter 21 – Credit Services Organizations Act
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Terms Used In Utah Code > Title 13 > Chapter 21 - Credit Services Organizations Act
- Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
(i) the owners of the new generating unit are the same as or different from the owner of the project; and (ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Aggrieved person: means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed. See Utah Code 77-23a-3
- Alerting authority: means a political subdivision that has received access to send alerts through the Integrated Public Alert and Warning System. See Utah Code 53-2a-102
- Allegation: something that someone says happened.
- 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.
- Appearance: means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview. See Utah Code 77-27-1
- 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
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- 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.
- Assisting political subdivision: means a political subdivision that provides emergency services to a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions. See Utah Code 53-2b-102
- Aural transfer: means any transfer containing the human voice at any point between and including the point of origin and the point of reception. See Utah Code 77-23a-3
- Autocycle: means a motor vehicle that:
(a) is designed to travel with three or fewer wheels in contact with the ground; and (b) is equipped with: (i) a steering mechanism; (ii) seat belts; and (iii) seating that does not require the operator to straddle or sit astride the motor vehicle. See Utah Code 53-3-102
- 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: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
- Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
- Buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Utah Code 13-21-2
- Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
- Candidate: means one or more of:
(a) the state; (b) a county, municipality, school district, local district, special service district, or other political subdivision of the state; and (c) a prosecution district. See Utah Code 11-13-103
- Case action plan: includes the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 77-27-1
- CDIP: means a commercial learner permit:
(a) issued under Section 53-3-408; or (b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C. See Utah Code 53-3-102
- CDL: means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
- Certification: includes any license, certificate, permit, document, or other evidence issued by a government entity that authorizes a person to engage in an activity, within the person's scope of practice, that requires a specific skill set, education, expertise, or other qualifications. See Utah Code 53-2b-102
- 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
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as determined by federal regulation; (ii) is designed to transport 16 or more passengers, including the driver; or (iii) is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
- Commissioner: means the commissioner of the Department of Public Safety or the commissioner's designee. See Utah Code 53-2a-102
- Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
- Committee: means the Grid Resilience Committee created in Section 53-2a-1503. See Utah Code 53-2a-1501
- Communications common carrier: means any person engaged as a common carrier for hire in intrastate, interstate, or foreign communication by wire or radio, including a provider of electronic communication service. See Utah Code 77-23a-3
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Contents: when used with respect to any wire, electronic, or oral communication includes any information concerning the substance, purport, or meaning of that communication. See Utah Code 77-23a-3
- Continuance: Putting off of a hearing ot trial until a later time.
- 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 legislative body: means :Utah Code 68-3-12.5
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Credit reporting agency: means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third persons. See Utah Code 13-21-2
- Credit services organization: means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
(i) improving a buyer's credit record, history, or rating; (ii) providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or (iii) debt reduction or debt management plans. See Utah Code 13-21-2
- Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
- Criminal risk factors: means a person's characteristics and behaviors that:
(a) affect that person's risk of engaging in criminal behavior; and (b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior. See Utah Code 77-27-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Declared disaster: means one or more events:
(i) within the state; (ii) that occur within a limited period of time; (iii) that involve: (A) a significant number of persons being at risk of bodily harm, sickness, or death; or (B) a significant portion of real property at risk of loss; (iv) that are sudden in nature and generally occur less frequently than every three years; and (v) that results in: (A) the president of the United States declaring an emergency or major disaster in the state; (B) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; or (C) the chief executive officer of a local government declaring a local emergency under Part 2, Disaster Response and Recovery Act. See Utah Code 53-2a-602
- Declared state disaster or emergency: means a declared disaster as defined in Section 53-2a-602. See Utah Code 53-2a-1202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deliberative process: includes the votes, mental processes, written notes, and recommendations of individual board members and staff. See Utah Code 77-27-1
- denied: means the withdrawal of a driving privilege by the division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, do not apply. See Utah Code 53-3-102
- Department: means the Department of Public Safety, created in Section 53-1-103. See Utah Code 77-23e-102
- Department: means the Department of Corrections. See Utah Code 77-27-1
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Dependent: A person dependent for support upon another.
- Direct impacts: means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is:
(a) owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and (b) used to furnish fuel, construction, or operation materials for use in the project. See Utah Code 11-13-103
- Director: means the division director appointed under Section 53-2a-103 or the director's designee. See Utah Code 53-2a-102
- Director: means the division director appointed under Section 53-3-103. See Utah Code 53-3-102
- Disaster: means an event that:
(a) causes, or threatens to cause, loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and (b) requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit, or private entities. See Utah Code 53-2a-102
- Disaster period: means a period that begins within 10 days after the first day of a declared state disaster or emergency and that extends for a period of 60 calendar days after the end of the declared state disaster or emergency. See Utah Code 53-2a-1202
- Disaster- or emergency-related work: means repairing, renovating, installing, building, rendering services, or other business activities that relate to infrastructure that has been damaged, impaired, or destroyed by a declared state disaster or emergency. See Utah Code 53-2a-1202
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Disqualification: means either:
(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle; (b) a determination by the Federal Highway Administration, under 49 C. See Utah Code 53-3-102
- Division: means the Division of Emergency Management created in Section 53-2a-103. See Utah Code 53-2a-102
- Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
- Division: means the Utah Division of Emergency Management created in Section 53-21-103. See Utah Code 53-2a-1501
- Docket: A log containing brief entries of court proceedings.
- Drive: means :
(a) to operate or be in physical control of a motor vehicle upon a highway; and (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. See Utah Code 53-3-102
- driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law. See Utah Code 53-3-102
- Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102
- Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
(a) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit; (b) any wire or oral communications; (c) any communication made through a tone-only paging device; or (d) any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3
- Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Utah Code 77-23c-101.2
- Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3
- Electronic communications system: means any wire, radio, electromagnetic, photoelectronic, or photo-optical facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of the communication. See Utah Code 77-23a-3
- Electronic device: means a device that enables access to or use of an electronic communication service, remote computing service, or location information service. See Utah Code 77-23c-101.2
- Electronic information or data: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
- Electronic license certificate: means the evidence, in an electronic format as described in Section 53-3-235, of a privilege granted under this chapter to drive a motor vehicle. See Utah Code 53-3-102
- Electronic storage: means :
(a) any temporary intermediate storage of a wire or electronic communication incident to the electronic transmission of it; and (b) any storage of the communication by an electronic communications service for the purposes of backup protection of the communication. See Utah Code 77-23a-3
- Emergency: means :
(a) a natural or man-made disaster, a riot, a civil disturbance, violence, criminal activity, a fire, a flood, or extreme weather; (b) an injury, illness, or other medical condition that requires an expedited response; or (c) a circumstance that presents an imminent threat to life, property, or the public health, safety, or welfare. See Utah Code 53-2b-102
- Emergency disaster services: means :
(A) evacuation; (B) shelter; (C) medical triage; (D) emergency transportation; (E) repair of infrastructure; (F) safety services, including fencing or roadblocks; (G) sandbagging; (H) debris removal; (I) temporary bridges; (J) procurement and distribution of food, water, or ice; (K) procurement and deployment of generators; (L) rescue or recovery; (M) emergency protective measures; or (N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as defined by the division by rule, that are generally required in response to a declared disaster. See Utah Code 53-2a-602
- Emergency manager: means an individual designated as the emergency manager for a political subdivision as described in Section 53-2a-1402. See Utah Code 53-2a-102
- Emergency preparedness: means the following done for the purpose of being prepared for an emergency as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) the purchase of equipment; (ii) the training of personnel; or (iii) the obtaining of a certification. See Utah Code 53-2a-602
- Emergency responder: means a person employed by, under contract with, or acting as an official volunteer for a political subdivision of a state that provides emergency services, including any of the following:
(a) a law enforcement officer; (b) a firefighter; (c) a provider of medical services or first aid; (d) an explosives expert; (e) a person who provides hazardous materials containment or cleanup; or (f) another provider of emergency services. See Utah Code 53-2b-102
- Emergency responder: includes a:
(a) firefighter; (b) structural engineer; (c) physician; (d) paramedic; or (e) technical rescue specialist. See Utah Code 53-2a-1601
- Emergency response team: means a group of emergency responders placed at the direction, control, and funding of the Division of Emergency Management, in accordance with an agreement between the Division of Emergency Management and a sponsoring agency and the provisions of this part, to assist in urban search and rescue:
(a) in response to a disaster, emergency, or important event; or (b) in anticipation of a forecasted severe weather event, a flood, or a planned important event. See Utah Code 53-2a-1601
- Emergency response team member: means an individual who is:
(a) an emergency responder; (b) a member of an emergency response team; and (c) acting within the scope of the individual's duties for an emergency response team. See Utah Code 53-2a-1601
- Emergency services: means services provided by a public entity in response to an emergency. See Utah Code 53-2b-102
- Energy: includes the energy resources defined in this chapter. See Utah Code 53-2a-102
- energy resources: includes electricity, natural gas, gasoline and middle distillates, coal, wood fuels, geothermal sources, radioactive materials, and any other resource yielding energy. See Utah Code 53-2a-1003
- 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
- Estimated electric requirements: when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b):
(i) generation capacity; (ii) generation output; or (iii) an electric energy production facility. See Utah Code 11-13-103
- 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 session: A portion of the Senate's daily session in which it considers executive business.
- Expenses: means actual labor costs of government and volunteer personnel, and materials. See Utah Code 53-2a-102
- Expiration: means when the maximum sentence has run. See Utah Code 77-27-1
- Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102
- Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Utah Code 13-21-2
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Facial biometric data: means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image. See Utah Code 77-23e-102
- Facial recognition comparison: means the process of comparing an image or facial biometric data to an image database. See Utah Code 77-23e-102
- Facial recognition system: means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals. See Utah Code 77-23e-102
- Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or (ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
- Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 53-3-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fraud: Intentional deception resulting in injury to another.
- full hearing: means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board. See Utah Code 77-27-1
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
- Governing body: means :
(i) for a county, city, or town, the legislative body of the county, city, or town; (ii) for a local district, the board of trustees of the local district; and (iii) for a special service district: (A) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or (B) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 53-2a-602
- Government entity: means the state, a county, a municipality, a higher education institution, a local district, a special service district, or any other political subdivision of the state or an administrative subunit of any political subdivision, including a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
- Government entity: includes :
(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or (ii) an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5). See Utah Code 77-23e-102
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grid resilience: means efforts to provide greater resilience to the state's infrastructure with respect to:
(a) weather events; (b) wildfire; (c) acts of terrorism; or (d) other potentially damaging events. See Utah Code 53-2a-1501
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Hazardous materials emergency: means a sudden and unexpected release of any substance that because of its quantity, concentration, or physical, chemical, or infectious characteristics presents a direct and immediate threat to public safety or the environment and requires immediate action to mitigate the threat. See Utah Code 53-2a-102
- 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 traffic. See Utah Code 53-3-102
- Human driver: means the same as that term is defined in Section 41-26-102. See Utah Code 53-3-102
- Identification card: means a card issued under Part 8, Identification Card Act, to a person for identification purposes. See Utah Code 53-3-102
- Image database: means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity. See Utah Code 77-23e-102
- Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-102
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Important event: includes an event attended by one or more officials of the United States or one or more foreign dignitaries and where a large crowd has or is anticipated to gather. See Utah Code 53-2a-1601
- 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
- 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.
- Indigent: means that a person's income falls below the federal poverty guideline issued annually by the U. See Utah Code 53-3-102
- Infrastructure: means property and equipment owned or used by communications networks, electric generation systems, transmission and distribution systems, gas distribution systems, water pipelines, and related support facilities that serve multiple customers or citizens, including real and personal property, such as buildings, offices, power and communication lines and poles, pipes, structures, and equipment. See Utah Code 53-2a-1202
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intercept: means the acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Utah Code 77-23a-3
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Interlocal entity: means :
(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or (b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
- Interstate emergency response agreement: means an agreement described in Subsection 53-2b-202(1) between Utah and another state authorizing a political subdivision in Utah to enter into an agreement to provide emergency services to, and receive emergency services from, a political subdivision in the other state. See Utah Code 53-2b-102
- Investigative or law enforcement officer: means any officer of the state or of a political subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in this chapter, or any federal officer as defined in Section 53-13-106, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses. See Utah Code 77-23a-3
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Judge of competent jurisdiction: means a judge of a district court of the state. See Utah Code 77-23a-3
- 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.
- Juror: A person who is on the jury.
- Land: includes :Utah Code 68-3-12.5
- Law enforcement agency: means an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances. See Utah Code 77-23c-101.2
- Law enforcement agency: means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances. See Utah Code 77-23e-102
- Law enforcement agency: means an entity or division of:
(i) (A) the federal government, a state, or a political subdivision of a state; (B) a state institution of higher education; or (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
- Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
- 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
- License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
- License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- limited-term CDL: means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
- Limited-term license certificate: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B). See Utah Code 53-3-102
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local district: means the same as that term is defined in Section 17B-1-102. See Utah Code 53-2a-602
- Local emergency response agreement: means an agreement described in Subsection 53-2b-202(2)(a) that is:
(a) between a political subdivision in Utah and a political subdivision in another state, providing for the provision of emergency services to, or the receipt of emergency services from, each other; and (b) entered into under the provisions of this chapter. See Utah Code 53-2b-102
- Local fund: means a local government disaster fund created in accordance with Section 53-2a-605. See Utah Code 53-2a-602
- Local government: means :
(i) a county; (ii) a city or town; or (iii) a local district or special service district that: (A) operates a water system; (B) provides transportation service; (C) provides, operates, and maintains correctional and rehabilitative facilities and programs for municipal, state, and other detainees and prisoners; (D) provides consolidated 911 and emergency dispatch service; (E) operates an airport; or (F) operates a sewage system. See Utah Code 53-2a-602
- Location information: means information, obtained by means of a tracking device, concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device. See Utah Code 77-23c-101.2
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
- Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
- Motorcycle: means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground. See Utah Code 53-3-102
- Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 53-2a-102
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- 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.
- 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.
- Office of Recovery Services: means the Office of Recovery Services, created in Section 62A-11-102. See Utah Code 53-3-102
- Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
- Open session: means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means. See Utah Code 77-27-1
- Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
- Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation, but does not include any electronic communication. See Utah Code 77-23a-3
- Oral communication: means the same as that term is defined in Section 77-23a-3. See Utah Code 77-23c-101.2
- Out-of-state business: means a business entity that:
(a) has no presence in the state, other than any prior disaster- or emergency-related work, and conducts no business in the state, and whose services are requested by a registered business or by a state or local government for purposes of performing disaster- or emergency-related work in the state; and (b) has no registration or tax filings or presence sufficient to require the collection or payment of a tax in the state prior to the declared state disaster or emergency. See Utah Code 53-2a-1202
- Out-of-state employee: means an employee who does not work in the state, except for disaster- or emergency-related work during the disaster period. See Utah Code 53-2a-1202
- Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
- Owner: includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security. See Utah Code 53-3-102
- Panel: means members of the board assigned by the chairperson to a particular case. See Utah Code 77-27-1
- Pardon: means :
(a) an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction; (b) the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and (c) the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. See Utah Code 77-27-1
- Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
- 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.
- Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Utah Code 77-23a-3
- Person: means :Utah Code 68-3-12.5
- Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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.
- Political subdivision: means the same as that term is defined in Section 11-61-102. See Utah Code 53-2a-102
- 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
- Private passenger carrier: means any motor vehicle for hire that is:
(i) designed to transport 15 or fewer passengers, including the driver; and (ii) operated to transport an employee of the person that hires the motor vehicle. See Utah Code 53-3-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions. See Utah Code 77-27-1
- 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
- Project: includes a project entity's ownership interest in:
(i) facilities that provide additional project capacity; (ii) facilities providing replacement project capacity; (iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and (iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
- Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
- 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 agency: means :
(a) a city, town, county, school district, local district, special service district, an interlocal entity, or other political subdivision of the state; (b) the state or any department, division, or agency of the state; (c) any agency of the United States; (d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or (e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
- Quorum: The number of legislators that must be present to do business.
- Readily accessible to the general public: means , regarding a radio communication, that the communication is not:
(a) scrambled or encrypted; (b) transmitted using modulation techniques with essential parameters that have been withheld from the public with the intention of preserving the privacy of the communication; (c) carried on a subcarrier or signal subsidiary to a radio transmission; (d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or (e) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94, Rules of the Federal Communications Commission unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Utah Code 77-23a-3
- Registered business: means a business entity that is currently registered to do business in the state prior to the declared state disaster or emergency. See Utah Code 53-2a-1202
- Regular identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i). See Utah Code 53-3-102
- Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A). See Utah Code 53-3-102
- 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.
- remission: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
- remote computing service: means provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23b-1
- Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23c-101.2
- Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
- Replacement project capacity: means electric generating capacity or transmission capacity that:
(a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and (b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether: (i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity; (ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or (iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103
- Reportable violation: means an offense required to be reported to the division as determined by the division and includes those offenses against which points are assessed under Section 53-3-221. See Utah Code 53-3-102
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Requesting political subdivision: means a political subdivision that requests emergency services from a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions. See Utah Code 53-2b-102
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Resident: means an individual who:
(i) has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year; (ii) engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state; (iii) declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or (iv) declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102
- respite: means the temporary suspension of the execution of the sentence. See Utah Code 77-27-1
- Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-27-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
- Road: includes :Utah Code 68-3-12.5
- School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102
- 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
- Special fund: means a fund other than a general fund of a local government that is created for a special purpose established under the uniform system of budgeting, accounting, and reporting. See Utah Code 53-2a-602
- Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 53-2a-602
- Sponsoring agency: means an entity in the state that executes a written agreement to organize a National Urban Search and Rescue Response System task force as described in 44 C. See Utah Code 53-2a-1601
- 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 of emergency: means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-102
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
- Target: means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. See Utah Code 77-23d-102
- Taxicab: means any class D motor vehicle transporting any number of passengers for hire and that is subject to state or federal regulation as a taxi. See Utah Code 53-3-102
- Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1
- Terrorism: means activities or the threat of activities that:
(a) involve acts dangerous to human life; (b) are a violation of the criminal laws of the United States or of this state; and (c) to a reasonable person, would appear to be intended to: (i) intimidate or coerce a civilian population; (ii) influence the policy of a government by intimidation or coercion; or (iii) affect the conduct of a government by mass destruction, assassination, or kidnapping. See Utah Code 53-2a-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Transmitted data: means electronic information or data that is transmitted wirelessly:Utah Code 77-23c-101.2
- Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103
- Trap and trace device: means a device, process, or procedure that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication is transmitted. See Utah Code 77-23a-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Urban search and rescue: means the location, extrication, and initial medical stabilization of victims trapped in a confined space as the result of a structural collapse, transportation accident, mining accident, or collapsed trench. See Utah Code 53-2a-102
- User: means any person or entity who:
(a) uses an electronic communications service; and (b) is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
- Veteran: means an individual who:Utah Code 68-3-12.5
- Victim: means :
(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or (b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
- Wire communication: includes the electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit. See Utah Code 77-23a-3
- Writing: includes :Utah Code 68-3-12.5