Utah Code > Title 16 > Chapter 10a – Utah Revised Business Corporation Act
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Terms Used In Utah Code > Title 16 > Chapter 10a - Utah Revised Business Corporation Act
- Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
- Abuse: means :
(a) knowingly or intentionally: (i) attempting to cause harm; (ii) causing harm; or (iii) placing another in fear of harm; (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult; (c) emotional or psychological abuse; (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or (e) deprivation of life sustaining treatment, or medical or mental health treatment, except: (i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or (ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201 - Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
- Access line: means a circuit-switched connection, or the functional equivalent of a circuit-switched connection, from an end-user to the public switched network. See Utah Code 54-8b-2
- Accommodation: means :
(a) a hotel or motel room; (b) a condominium or cooperative unit; (c) a cabin; (d) a lodge; (e) an apartment; or (f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2 - Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. See Utah Code 26B-9-101
- Accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-701
- Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 26B-4-701
- Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistance education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 26B-4-701
- Acknowledged before me: means :
(a) that the person acknowledging appeared before the person taking the acknowledgment; (b) that he acknowledged he executed the document; (d) that the person taking the acknowledgment: (i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and (ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. See Utah Code 57-2a-2 - Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
- ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
- Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
- Activities of daily living: means essential activities including:
(a) dressing; (b) eating; (c) grooming; (d) bathing; (e) toileting; (f) ambulation; (g) transferring; and (h) self-administration of medication. See Utah Code 26B-2-201 - Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 57-25-102
- Address: includes :
(i) a post office box number; (ii) a rural free delivery route number; and (iii) a street name and number. See Utah Code 16-10a-102 - Adjudicative proceeding: means :Utah Code 68-3-12.5
- Adjudicative proceeding: means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 26B-9-201
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or (ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2 - Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
- Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
- Adult: means an individual who is at least 18 years old. See Utah Code 26B-8-301
- Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Adult Autism Treatment Account: means the Adult Autism Treatment Account created in Section 26B-1-322. See Utah Code 26B-4-601
- Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
- Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
- advertising: means information provided by a medical cannabis pharmacy in any medium:
(a) to the public; and (b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201 - 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.
- Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
- Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
- Advisory committee: means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424. See Utah Code 26B-4-601
- 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.
- Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
- Affiliate: means the same as that term is defined in Section 16-10a-102. See Utah Code 16-10a-1802
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- aged: means a person 60 years old or older. See Utah Code 26B-6-101
- Agency: means :
(a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and (b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3 - Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
- Agent: means a coach, teacher, employee, representative, or volunteer. See Utah Code 26B-4-401
- Agent: means an individual:
(a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26B-8-301 - Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
- Aggregator: means any person or entity that:
(i) is not a telecommunications corporation; (ii) in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and (iii) receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider. See Utah Code 54-8b-2 - Aggrieved person: includes a person who:
(a) claims to have been injured by a discriminatory housing practice; or (b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2 - Agricultural tourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
- Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
- Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agricultural tourism activity. See Utah Code 26B-7-401
- Agritourism food establishment permit: means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment. See Utah Code 26B-7-401
- Allegation: something that someone says happened.
- Amateur sports organization: means , except as provided in Subsection (2)(b):
(i) a sports team; (ii) a public or private school; (iii) a public or private sports league; (iv) a public or private sports camp; or (v) any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26B-4-401 - Ambulance: means a ground, air, or water vehicle that:
(a) transports patients and is used to provide emergency medical services; and (b) is required to obtain a permit under Section 26B-4-118 to operate in the state. See Utah Code 26B-4-101 - Ambulance provider: means an emergency medical service provider that:
(a) transports and provides emergency medical care to patients; and (b) is required to obtain a license under Sections 26B-4-150 through 26B-4-170. See Utah Code 26B-4-101 - Ambulance service provider: means :
(a) an ambulance provider as defined in Section 26B-4-101; or (b) a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801 - Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201
- Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
- 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.
- Amenities: means the following physical, recreational or social facilities located at a mobile home park:
(a) a club house; (b) a park; (c) a playground; (d) a swimming pool; (e) a hot tub; (f) a tennis court; or (g) a basketball court. See Utah Code 57-16-3 - Amortization: Paying off a loan by regular installments.
- Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26B-8-301
- Announcement date: when used in reference to a business combination, means the date of the first public announcement of the final, definitive proposal for the business combination. See Utah Code 16-10a-1802
- Annualized billing period: means :
(a) a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or (b) an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. See Utah Code 54-15-102 - Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101
- Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
- Applied behavior analysis: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- 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
- Approved device: means a device described in Subsection 20A-21-201(4). See Utah Code 20A-21-101
- Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-110(2)(j). See Utah Code 26B-5-301
- Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
- Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
- Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and (b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101 - Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and (b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101 - Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrears: means the same as support debt. See Utah Code 26B-9-201
- Arrest: Taking physical custody of a person by lawful authority.
- Articles of incorporation: include :
(a) amended and restated articles of incorporation; (b) articles of merger; and (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 - ASHA: means the American Speech-Language-Hearing Association. See Utah Code 58-41-2
- Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
- Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501
- Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601
- Assessment: means the Medicaid hospital provider assessment established by this part. See Utah Code 26B-3-701
- Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801
- Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3
- Assessment: means any charge imposed by the association, including:
(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and (b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
- Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 22-5-2
- Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
- Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
- Assistance: means public assistance. See Utah Code 26B-9-101
- Assistance: means public assistance as defined in Section 26B-9-101. See Utah Code 26B-9-201
- Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201
- Assisted living facility: means :
(i) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who: (A) require protected living arrangements; and (B) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and (ii) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201 - Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
- Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
- Associate: when used to indicate a relationship with a person, means:
(a) a corporation or organization of which the person is an officer or partner or is, directly or indirectly, the beneficial owner of 10% or more of any class of voting stock; (b) a trust or other estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and (c) a relative or spouse of the person, or any relative of the spouse, who has the same home as the person. See Utah Code 16-10a-1802 - Associated with the licensee: means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or (ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101 - Association: means the Utah Speech-Language-Hearing Association. See Utah Code 58-41-2
- Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
- Association: means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9. See Utah Code 54-8a-2
- association: means all of the unit owners:
(a) acting as a group in accordance with the declaration and bylaws; or (b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3 - Assumed corporate name: means a name assumed for use in this state by a foreign corporation pursuant to Section 16-10a-1506 because its corporate name is not available for use in this state. See Utah Code 16-10a-102
- Asthma action plan: means a written plan:
(a) developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and (b) signed by the student's: (i) parent or guardian; and (ii) health care provider. See Utah Code 26B-4-401 - Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
- Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2
- Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 58-41-2
- Audiology aide: means an individual who:
(a) meets the minimum qualifications established by the board for audiology aides. See Utah Code 58-41-2 - Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
- Authority jurisdictional land: means land within the authority boundary delineated:
(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102 - Authorized person: means an employee or agent:
(a) of a public utility that: (i) generates, transmits, or delivers electricity; or (ii) provides and whose work relates to communication services; (b) of an industrial plant whose work relates to the electrical system of the industrial plant; (c) of a cable television or communication services company, or of a contractor of cable television or communication services company, if specifically and expressly authorized by the owner of the poles to make cable television or communication services attachments; or (d) of a state, county, or municipal agency which has or whose work relates to: (i) overhead electrical lines; (ii) overhead lighting systems; (iii) authorized overhead circuit construction; (iv) conductors on poles; or (v) structures of any type. See Utah Code 54-8c-1 - Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
- Autism spectrum disorder: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- Auxiliary aids and services: means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual. See Utah Code 26B-2-301
- Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Base taxable value: means :
(a) (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and (ii) for an area described in Section 11-58-600. See Utah Code 11-58-102 - Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Basic residential service: means a local exchange service for a residential customer consisting of:
(a) a single line with access to the public switched network; (b) touch-tone or the functional equivalent; (c) local flat-rate unlimited usage, exclusive of extended area service; (d) single-party service; (e) a free phone number listing in directories received for free; (f) access to operator services; (g) access to directory assistance; (h) access to lifeline and telephone relay assistance; (i) access to 911 and E911 emergency services; (j) access to long-distance carriers; (k) access to toll limitations services; (l) other services as may be determined by the commission; and (m) no feature. See Utah Code 54-8b-2 - Behavioral emergency services: means delivering a behavioral health intervention to a patient in an emergency context within a scope and in accordance with guidelines established by the department. See Utah Code 26B-4-101
- Beneficial owner: when used with respect to stock, means a person:
(a) that, individually or with or through any of its affiliates or associates, beneficially owns the stock, directly or indirectly; (b) that, individually or with or through any of its affiliates or associates, has: (i) the right to acquire the stock: (A) whether the right is exercisable immediately or only after the passage of time, pursuant to an agreement, arrangement, or understanding, whether or not in writing; or (B) upon the exercise of conversion rights, exchange rights, warrants, or options, or otherwise, except that a person may not be considered the beneficial owner of stock tendered pursuant to a tender or exchange offer made by the person or an affiliate or associate of the person until the tendered stock is accepted for purchase or exchange; or (ii) the right to vote the stock pursuant to an agreement, arrangement, or understanding, whether or not in writing, except that a person may not be considered the beneficial owner of any stock under this Subsection (4)(b)(ii) if the agreement, arrangement, or understanding to vote the stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable regulations under the Exchange Act and is not then reportable on a Schedule 13D under the Exchange Act, or any comparable or successor report; or (c) that has an agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in Subsection (4)(b)(ii), or disposing of the stock with any other person that beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, the stock. See Utah Code 16-10a-1802 - 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
- Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 26B-3-1101
- Bequest: Property gifted by will.
- Biological sex at birth: means an individual's sex, as being male or female,
according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101- Bioterrorism: means :
(a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301 - Birthing center: means a facility that:
(a) receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and (b) (i) is freestanding; or (ii) is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201 - Blind: means an individual, or class of individuals, whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 55-5a-2
- Board: means the Speech-language Pathology and Audiology Licensing Board created under Section 58-41-6. See Utah Code 58-41-2
- Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
- Board: means the Respiratory Care Licensing Board created in Section 58-57-3. See Utah Code 58-57-2
- Board: means the Wildlife Board. See Utah Code 23-27-102
- Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
- Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
- Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2
- Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
- Board: means a local board of health established under Section 26A-1-109. See Utah Code 26A-1-102
- Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
- Boarding school: means a private school that:
(i) uses a regionally accredited education program; (ii) provides a residence to the school's students: (A) for the purpose of enabling the school's students to attend classes at the school; and (B) as an ancillary service to educating the students at the school; (iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and (iv) (A) does not provide the treatment or services described in Subsection (38)(a); or (B) provides the treatment or services described in Subsection (38)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101 - Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
- Brain injury: means an acquired injury to the brain that is neurological in nature, including a cerebral vascular accident. See Utah Code 26B-6-401
- Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1
- Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
- Business: means any lawful activity, excepting a farm operation, conducted primarily:
(a) for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (b) for the sale of services to the public; (c) by a nonprofit organization; or (d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3 - Business combination: when used in reference to any domestic corporation and an interested shareholder of the corporation, means:
(a) a merger or consolidation of the corporation or any subsidiary of the corporation with: (i) the interested shareholder; or (ii) any other corporation, whether or not that corporation is an interested shareholder of the corporation, that is, or after the merger or consolidation would be, an affiliate or associate of the interested shareholder; (b) any sale, lease, exchange, mortgage, pledge, transfer, or other disposition, in one transaction or a series of transactions, to or with the interested shareholder or any affiliate or associate of the interested shareholder of assets of the corporation or any subsidiary of the corporation: (i) having an aggregate market value equal to 10% or more of the aggregate market value of all the assets, determined on a consolidated basis, of the corporation; (ii) having an aggregate market value equal to 10% or more of the aggregate market value of all the outstanding stock of the corporation; or (iii) representing 10% or more of the earning power or net income, determined on a consolidated basis, of the corporation; (c) the issuance or transfer by the corporation or any subsidiary of the corporation, in one transaction or a series of transactions, of any stock of the corporation or any subsidiary of the corporation that has an aggregate market value equal to 5% or more of the aggregate market value of all the outstanding stock of the corporation to the interested shareholder or any affiliate or associate of the interested shareholder except pursuant to the exercise of warrants or rights to purchase stock offered, or a dividend or distribution paid or made, pro rata to all shareholders of the corporation; (d) the adoption of any plan or proposal for the liquidation or dissolution of the corporation proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder; (e) any reclassification of securities, including a stock split, stock dividend, or other distribution of stock in respect of stock, or any reverse stock split, or recapitalization of the corporation, or any merger or consolidation of the corporation with any subsidiary of the corporation, or any other transaction, whether or not with, into, or otherwise involving the interested shareholder: (i) proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder; and (ii) that has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of any class or series of voting stock or securities convertible into voting stock of the corporation or any subsidiary of the corporation that is directly or indirectly owned by the interested shareholder or any affiliate or associate of the interested shareholder, except as a result of immaterial changes due to fractional share adjustments; or (f) a receipt by the interested shareholder or an affiliate or associate of the interested shareholder of the benefit, directly or indirectly, except proportionately as a shareholder of the corporation, of a loan, advance, guarantee, pledge, or other financial assistance or any tax credit or other tax advantage provided by or through the corporation. See Utah Code 16-10a-1802 - Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
- Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
- Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
- Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
- Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
- Candidate qualification process: means the process, described in Section 20A-9-403 or 20A-9-408, of gathering signatures to seek the nomination of a registered political party. See Utah Code 20A-21-101
- Cannabis: means marijuana. See Utah Code 26B-4-201
- Cannabis cultivation facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis product: means a product that:
(a) is intended for human use; and (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201 - Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
- Capacity building: means strengthening an individual's or a community's ability to participate in shared decision making. See Utah Code 26B-2-501
- Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401
- Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
- Care facility: means :
(a) a nursing facility; (b) an intermediate care facility for an individual with an intellectual disability; or (c) any other medical institution. See Utah Code 26B-3-1001 - Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
- Carrier: means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. See Utah Code 26B-7-201
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102
- CCC: means the certificate of clinical competence awarded by the American Speech-Language-Hearing Association. See Utah Code 58-41-2
- Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401
- Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-4-701
- Certificate: means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. See Utah Code 54-8b-2
- Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
- Certified dietitian: means a person who is certified by the division as meeting the certification requirements provided in this chapter. See Utah Code 58-49-2
- Certified food safety manager: means a manager of a food service establishment who:
(a) passes successfully a department-approved examination; (b) successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and (c) submits to the appropriate local health department the documentation required by Section 26B-7-412. See Utah Code 26B-7-401 - Certified nurse midwife: means an individual who:
(a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and (b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101 - Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301
- Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401
- Chambers: A judge's office.
- Change of use: means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. See Utah Code 57-16-3
- 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.
- Child: means an individual who is under the age of 18. See Utah Code 26B-4-401
- Child: means a person under 18 years old. See Utah Code 26B-5-401
- Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901
- Child: means :
(a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; (b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or (c) a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201 - Child: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301
- Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
- Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Child care: means continuous care and supervision of a qualifying child, that is:
(a) in lieu of care ordinarily provided by a parent in the parent's home; (b) for less than 24 hours a day; and (c) for direct or indirect compensation. See Utah Code 26B-2-401 - Child care program: means a child care facility or program operated by a regulated provider. See Utah Code 26B-2-401
- Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child; (b) placing the child in a home for adoption; or (c) foster home placement. See Utah Code 26B-2-101 - Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
- Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201
- Child support: includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support. See Utah Code 26B-9-301
- Child support: is a s defined in Section 26B-9-301. See Utah Code 26B-9-501
- Child support guidelines: means guidelines as defined in Section 78B-12-102. See Utah Code 26B-9-201
- Child support order: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201
- Child support order: means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a tribunal for child support and related costs and fees, interest and penalties, income withholding, attorney fees, and other relief. See Utah Code 26B-9-301
- Child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U. See Utah Code 26B-9-101
- Child support services: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
- Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Claim: means :
(a) a request or demand for payment; or (b) a cause of action for money or damages arising under any law. See Utah Code 26B-3-1001 - Claim: means any request or demand for money or property:
(a) made to any: (i) employee, officer, or agent of the state; (ii) contractor with the state; or (iii) grantee or other recipient, whether or not under contract with the state; and (b) if: (i) any portion of the money or property requested or demanded was issued from or provided by the state; or (ii) the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 26B-3-1101 - Claim of beneficial interest: includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf, and includes a claim that the transfer would be in breach of fiduciary duties. See Utah Code 22-5-2
- Clandestine laboratory operation: means the:
(i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances; (ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances; (iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances; (iv) activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances; (v) illegal manufacture of specified controlled substances; or (vi) distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3 - Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
- Commission: means the Utah Independent Redistricting Commission created in Section 20A-20-201. See Utah Code 20A-20-102
- Commission: means the Labor Commission. See Utah Code 57-21-2
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2
- Commissioner: means a member of the commission. See Utah Code 54-2-1
- Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201
- Committee: means the Legislature's redistricting committee. See Utah Code 20A-20-102
- Committee: means the Health Data Committee created in Section 26B-1-413. See Utah Code 26B-8-501
- Committee: means the State Emergency Medical Services Committee created by Section 26B-1-204. See Utah Code 26B-4-101
- Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
- Committee: means the Primary Care Grant Committee described in Section 26B-1-410. See Utah Code 26B-4-301
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Common expenses: means :
(a) all sums lawfully assessed against the unit owners; (b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities; (c) expenses agreed upon as common expenses by the association of unit owners; and (d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3 - Common facilities: means all works and facilities:
(a) owned or used by two or more public power entities or power utilities; and (b) necessary to the generation, transmission, or distribution of electric power and energy. See Utah Code 54-9-102 - Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 57-25-102
- 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.
- Common stock: means stock other than preferred stock. See Utah Code 16-10a-1802
- Common-interest community: means :
(a) an association of unit owners, as defined in Section 57-8-3; (b) an association, as defined in Section 57-8a-102; or (c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101 - Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201
- Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3
- Community health worker: means an individual who:
(a) works to improve a social determinant of health; (b) acts as an intermediary between a community and health services or social services to: (i) facilitate access to services; or (ii) improve the quality and cultural competence of service delivery; and (c) increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities. See Utah Code 26B-2-501 - Community location: means the same as that term is defined:
(a) as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501 - Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 26B-4-201
- Community mental health center: means an entity that provides treatment and services to a resident of a designated geographical area, that operates by or under contract with a local mental health authority, and that complies with state standards for community mental health centers. See Utah Code 26B-5-301
- Community paramedicine: means medical care:
(a) provided by emergency medical service personnel; and (b) provided to a patient who is not: (i) in need of ambulance transportation; or (ii) located in a health care facility as defined in Section 26B-2-201. See Utah Code 26B-4-101 - Compendia: means resources widely accepted by the medical profession in the efficacious use of drugs, including "American Hospital Formulary Service Drug Information" "U. See Utah Code 26B-3-301
- Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
- Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
- Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
- Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
- Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
- Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
- Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
- Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
- Congregate care program: means any of the following that provide services to a child:
(i) an outdoor youth program; (ii) a residential support program; (iii) a residential treatment program; or (iv) a therapeutic school. See Utah Code 26B-2-101 - Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes: