§ 13-5-1 Short title
§ 13-5-2 “Person” defined
§ 13-5-2.5 Procedure to prevent unfair competition
§ 13-5-3 Unlawful discriminations — Burden of proof — Taking or offering commissions — Payments for benefit of customers — Discrimination among purchasers — Inducing discriminations
§ 13-5-4 Return of net earnings or surplus by cooperatives to members
§ 13-5-5 “Commerce” defined
§ 13-5-6 Liability of agents
§ 13-5-8 Advertising goods not prepared to supply
§ 13-5-9 Limitation on quantity of article or product sold or offered for sale to any one customer
§ 13-5-10 Cost — Purchase price at forced sales
§ 13-5-11 Proceedings — Local cost surveys as evidence
§ 13-5-12 Sales exempt from chapter
§ 13-5-13 Contracts in violation declared illegal
§ 13-5-14 Injunctive relief — Damages — Immunity
§ 13-5-15 Penalty for violation of chapter
§ 13-5-16 Separability clause
§ 13-5-17 Policy of act
§ 13-5-18 Cost — Separate entities of business

Terms Used In Utah Code > Title 13 > Chapter 5 - Unfair Practices Act

  • Active duty: means active military duty and does not include active duty for training, initial active duty for training, or inactive duty for training. See Utah Code 71-10-1
  • Administrator: means a Veterans Nursing Home Administrator selected in accordance with Section 71-11-5. See Utah Code 71-11-2
  • Affected entity: means a county, municipality, local district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Utah Department of Transportation, if:
    (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
    (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
    (c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
  • Agreement: means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:
    (a) course of dealing;
    (b) usage of trade; or
    (c) course of performance. See Utah Code 70C-1-302
  • 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.
  • Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
  • Appraisal: A determination of property value.
  • 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, and Coast Guard. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means any Veterans Nursing Home Advisory Board. See Utah Code 71-11-2
  • Certificate of organization: means the certificate required by Section 48-3a-201. See Utah Code 48-3a-102
  • Charter school: means :
    (i) an operating charter school;
    (ii) a charter school applicant that has its application approved by a charter school authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
    (iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 10-9a-103
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of the department. See Utah Code 70D-1-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contiguous: means :
    (a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
    (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means a document containing written terms and conditions of a credit agreement. See Utah Code 70C-1-302
  • 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.
  • Council: means the Veterans Advisory Council. See Utah Code 71-8-1
  • Council: means the Veterans Advisory Council as created in Section 71-8-4. See Utah Code 71-12-102
  • County legislative body: means :Utah Code 68-3-12.5
  • Creditor: means :
    (i) a party:
    (A) who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and
    (B) to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;
    (ii) an issuer of a credit card that extends either open-end credit or credit that:
    (A) is not subject to a finance charge; and
    (B) is not payable by written agreement in more than four installments; and
    (iii) an issuer of a credit card that extends closed-end credit that:
    (A) is subject to a finance charge; or
    (B) is payable by written agreement in more than four installments. See Utah Code 70C-1-302
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Financial Institutions. See Utah Code 70D-1-102
  • Department: means the Department of Veterans and Military Affairs. See Utah Code 71-8-1
  • Department: means the Department of Veterans and Military Affairs created in Section 71-8-2. See Utah Code 71-11-2
  • Department: means the Department of Veterans and Military Affairs as created in Section 71-8-2. See Utah Code 71-12-102
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 10-9a-103
  • Distribution: means a transfer of money or other property from a limited liability company to a person on account of a transferable interest or in the person's capacity as a member. See Utah Code 48-3a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 48-3a-102
  • Donor: The person who makes a gift.
  • Donor: means an individual or entity that provides material goods, services, or labor without charge to veterans in accordance with this chapter. See Utah Code 71-12-102
  • Dwelling: means a residential structure attached to real property that contains one to four units including any of the following if used as a residence:
    (a) a condominium unit;
    (b) a cooperative unit;
    (c) a manufactured home; or
    (d) a house. See Utah Code 70C-1-302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the Department of Veterans and Military Affairs. See Utah Code 71-8-1
  • Executive director: means the executive director of the Department of Veterans and Military Affairs. See Utah Code 71-11-2
  • 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.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Flood plain: means land that:
    (a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
    (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103
  • Foreign limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state, which would be a limited liability company, including a low-profit limited liability company, if formed under the law of this state. See Utah Code 48-3a-102
  • General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
  • Geologic hazard: means :
    (a) a surface fault rupture;
    (b) shallow groundwater;
    (c) liquefaction;
    (d) a landslide;
    (e) a debris flow;
    (f) unstable soil;
    (g) a rock fall; or
    (h) any other geologic condition that presents a risk:
    (i) to life;
    (ii) of substantial loss of real property; or
    (iii) of substantial damage to real property. See Utah Code 10-9a-103
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government entity: means the state and any county, municipality, local district, special service district, and any other political subdivision or administrative unit of the state, including state institutions of education. See Utah Code 71-8-1
  • Government entity: means the state, any county, municipality, local district, special service district, or any other political subdivision or administrative unit of the state, including state institutions of education. See Utah Code 71-10-1
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • Home: means any Utah Veterans Nursing Home. See Utah Code 71-11-2
  • home solicitation sale: means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a face-to-face solicitation of the sale at a residence or place of employment of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. See Utah Code 70C-5-101
  • Identical plans: means building plans submitted to a municipality that:
    (a) are clearly marked as "identical plans";
    (b) are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality; and
    (c) describe a building that:
    (i) is located on land zoned the same as the land on which the building described in the previously approved plans is located;
    (ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans;
    (iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and
    (iv) does not require any additional engineering or analysis. See Utah Code 10-9a-103
  • Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
    (a) complies with the municipality's written standards for design, materials, and workmanship; and
    (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103
  • Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
    (a) is required for human occupation; and
    (b) an applicant must install:
    (i) in accordance with published installation and inspection specifications for public improvements; and
    (ii) whether the improvement is public or private, as a condition of:
    (A) recording a subdivision plat;
    (B) obtaining a building permit; or
    (C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installment: means a payment upon a debt that is part of a series of payments, each of which is less than the original amount of the debt and scheduled as to a specific amount and due date by agreement of the parties for the purpose of repaying the debt. See Utah Code 70C-1-302
  • 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
  • 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.
  • Jurisdiction of formation: means , with respect to an entity, the jurisdiction:
    (a) under whose law the entity is formed; or
    (b) in the case of a limited liability partnership or foreign limited liability partnership, in which the partnership's statement of qualification is filed. See Utah Code 48-3a-102
  • Land: includes :Utah Code 68-3-12.5
  • Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
  • Land use authority: means :
    (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
    (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
  • Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
    (a) a land use permit;
    (b) a land use application; or
    (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 10-9a-103
  • Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
  • 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 body: means the municipal council. See Utah Code 10-9a-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local district: means an entity under Title 17B, Limited Purpose Local Government Entities - Local Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 10-9a-103
  • Local historic district or area: means a geographically definable area that:
    (a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
    (b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
  • Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or parcels, whether or not the lots are located in the same subdivision, in accordance with Section 10-9a-608, with the consent of the owners of record. See Utah Code 10-9a-103
  • Low-profit limited liability company: means a limited liability company meeting the requirements of Part 13, Low-Profit Limited Liability Companies. See Utah Code 48-3a-102
  • Major transit investment corridor: means public transit service that uses or occupies:
    (a) public transit rail right-of-way;
    (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
    (c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:
    (i) a public transit district as defined in Section 17B-2a-802; or
    (ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103
  • Manager: means a person that under the operating agreement of a manager- managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in Subsection 48-3a-407(3). See Utah Code 48-3a-102
  • Manager-managed limited liability company: means a limited liability company that qualifies under Subsection 48-3a-407(1). See Utah Code 48-3a-102
  • Member: means a person that:
    (a) has become a member of a limited liability company under Section 48-3a-401 or was a member in a company when the company became subject to this chapter under Section 48-3a-1405; and
    (b) has not dissociated under Section 48-3a-602. See Utah Code 48-3a-102
  • Member-managed limited liability company: means a limited liability company that is not a manager-managed limited liability company. See Utah Code 48-3a-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
  • Mortgage: means a mortgage or deed of trust affecting real property located in this state. See Utah Code 70D-1-102
  • Mortgage loan: means a loan:
    (i) secured by a mortgage; and
    (ii) made for personal, family, or household purposes. See Utah Code 70D-1-102
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipal utility easement: means an easement that:
    (a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
    (b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
    (c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
    (d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
    (e) 
    (i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
    (ii) is located in a utility easement granted for public use; or
    (f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • 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.
  • Operating agreement: means the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in Subsection 48-3a-112(1). See Utah Code 48-3a-102
  • Parcel: means any real property that is not a lot created by and shown on a subdivision plat recorded in the office of the county recorder. See Utah Code 10-9a-103
  • Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
    (i) none of the property identified in the agreement is subdivided land; or
    (ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 10-9a-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-3a-102
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plat: means a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
  • Potential geologic hazard area: means an area that:
    (a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
    (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 10-9a-103
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preference eligible: means :
    (a) any individual who has served on active duty in the armed forces for more than 180 consecutive days, or was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated under honorable conditions;
    (b) a veteran with a disability, regardless of the percentage of disability;
    (c) the spouse or unmarried widow or widower of a veteran;
    (d) a purple heart recipient; or
    (e) a retired member of the armed forces. See Utah Code 71-10-1
  • Principal office: means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state. See Utah Code 48-3a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Professional services: means a personal service provided by:
    (a) a public accountant holding a license under Title 58, Chapter 26a, Certified Public Accountant Licensing Act, or a subsequent law regulating the practice of public accounting;
    (b) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, or a subsequent law regulating the practice of architecture;
    (c) an attorney granted the authority to practice law by the:
    (i) Utah Supreme Court; or
    (ii) one or more of the following that licenses or regulates the authority to practice law in a state or territory of the United States other than Utah:
    (A) a supreme court;
    (B) a court other than a supreme court;
    (C) an agency;
    (D) an instrumentality; or
    (E) a regulating board;
    (d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician Practice Act, or any subsequent law regulating the practice of chiropractics;
    (e) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, or a subsequent law regulating the practice of dentistry;
    (f) a professional engineer registered under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or a subsequent law regulating the practice of engineers and land surveyors;
    (g) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician Practice Act, or a subsequent law regulating the practice of naturopathy;
    (h) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 44a, Nurse Midwife Practice Act, or a subsequent law regulating the practice of nursing;
    (i) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice Act, or a subsequent law regulating the practice of optometry;
    (j) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a subsequent law regulating the practice of osteopathy;
    (k) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice Act, or a subsequent law regulating the practice of pharmacy;
    (l) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter 67, Utah Medical Practice Act, or a subsequent law regulating the practice of medicine;
    (m) a physician assistant holding a license under Title 58, Chapter 70a, Utah Physician Assistant Act, or a subsequent law regulating the practice as a physician assistant;
    (n) a physical therapist holding a license under Title 58, Chapter 24b, Physical Therapy Practice Act, or a subsequent law regulating the practice of physical therapy;
    (o) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician Licensing Act, or a subsequent law regulating the practice of podiatry;
    (p) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act, or any subsequent law regulating the practice of psychology;
    (q) a principal broker, associate broker, or sales agent holding a license under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, or a subsequent law regulating the sale, exchange, purchase, rental, or leasing of real estate;
    (r) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part 2, Social Worker Licensing Act, or a subsequent law regulating the practice of social work;
    (s) a mental health therapist holding a license under Title 58, Chapter 60, Mental Health Professional Practice Act, or a subsequent law regulating the practice of mental health therapy;
    (t) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, or a subsequent law regulating the practice of veterinary medicine; or
    (u) an individual licensed, certified, or registered under Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act, or a subsequent law regulating the practice of appraising real estate. See Utah Code 48-3a-1101
  • Professional services company: means a limited liability company organized in accordance with Part 11, Professional Services Companies. See Utah Code 48-3a-102
  • Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Utah Code 48-3a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public agency: means :
    (a) the federal government;
    (b) the state;
    (c) a county, municipality, school district, local district, special service district, or other political subdivision of the state; or
    (d) a charter school. See Utah Code 10-9a-103
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
  • Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Receiving zone: means an area of a municipality that the municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 10-9a-103
  • Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103
  • Registered agent: means an agent of a limited liability company or foreign limited liability company which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the company. See Utah Code 48-3a-102
  • Registered foreign limited liability company: means a foreign limited liability company that is registered to do business in this state pursuant to a statement of registration filed by the division. See Utah Code 48-3a-102
  • Regulating board: means the entity organized pursuant to state law that licenses and regulates the practice of the profession that a limited liability company is organized to provide. See Utah Code 48-3a-1101
  • Residential facility for persons with a disability: means a residence:
    (a) in which more than one person with a disability resides; and
    (b) 
    (i) which is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or
    (ii) which is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 10-9a-103
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Road: includes :Utah Code 68-3-12.5
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
    (a) parliamentary order and procedure;
    (b) ethical behavior; and
    (c) civil discourse. See Utah Code 10-9a-103
  • Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103
  • Sending zone: means an area of a municipality that the municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 10-9a-103
  • Series: means a series created in accordance with Part 12, Series Limited Liability Companies. See Utah Code 48-3a-102
  • 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
  • Specialist: means a full-time employee of a government entity who is tasked with responding to, and assisting, veterans who are employed by the entity or come to the entity for assistance. See Utah Code 71-8-1
  • Specified public agency: means :
    (a) the state;
    (b) a school district; or
    (c) a charter school. See Utah Code 10-9a-103
  • Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 10-9a-103
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 48-3a-102
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
  • State: means :
    (a) a state, territory, or possession of the United States;
    (b) the District of Columbia; or
    (c) the Commonwealth of Puerto Rico. See Utah Code 70D-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Subdivided land: means the land, tract, or lot described in a recorded subdivision plat. See Utah Code 10-9a-103
  • Subdivision: includes :
    (i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
    (ii) except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
    (a) vacates all or a portion of the subdivision;
    (b) alters the outside boundary of the subdivision;
    (c) changes the number of lots within the subdivision;
    (d) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
    (e) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
  • Suspect soil: means soil that has:
    (a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
    (b) bedrock units with high shrink or swell susceptibility; or
    (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. See Utah Code 10-9a-103
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Therapeutic school: means a residential group living facility:
    (a) for four or more individuals who are not related to:
    (i) the owner of the facility; or
    (ii) the primary service provider of the facility;
    (b) that serves students who have a history of failing to function:
    (i) at home;
    (ii) in a public school; or
    (iii) in a nonresidential private school; and
    (c) that offers:
    (i) room and board; and
    (ii) an academic education integrated with:
    (A) specialized structure and supervision; or
    (B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. See Utah Code 10-9a-103
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transfer: includes :
    (a) an assignment;
    (b) a conveyance;
    (c) a sale;
    (d) a lease;
    (e) an encumbrance, including a mortgage or security interest;
    (f) a gift; and
    (g) a transfer by operation of law. See Utah Code 48-3a-102
  • Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 10-9a-103
  • Transferable interest: means the right, as initially owned by a person in the person's capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right. See Utah Code 48-3a-102
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. See Utah Code 48-3a-102
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unincorporated: means the area outside of the incorporated area of a city or town. See Utah Code 10-9a-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Veteran: means the same as that term is defined in Section 68-3-12. See Utah Code 71-10-1
  • Veteran: means the same as that term is defined in Section 68-3-12. See Utah Code 71-11-2
  • Veteran with a disability: means an individual who has:
    (a) been separated or retired from the armed forces under honorable conditions; and
    (b) established the existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the federal Department of Veterans Affairs or a military department. See Utah Code 71-10-1
  • Water interest: means any right to the beneficial use of water, including:
    (a) each of the rights listed in Section 73-1-11; and
    (b) an ownership interest in the right to the beneficial use of water represented by:
    (i) a contract; or
    (ii) a share in a water company, as defined in Section 73-3-3. See Utah Code 10-9a-103
  • Writing: includes :Utah Code 68-3-12.5
  • Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103
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