§ 16-10a-701 Annual meeting
§ 16-10a-702 Special meeting
§ 16-10a-703 Court-ordered meeting
§ 16-10a-703 v2 Court-ordered meeting
§ 16-10a-704 Action without meeting
§ 16-10a-705 Notice of meeting
§ 16-10a-706 Waiver of notice
§ 16-10a-707 Record date
§ 16-10a-708 Meetings by telecommunication
§ 16-10a-720 Shareholders’ list for meeting
§ 16-10a-720 v2 Shareholders’ list for meeting
§ 16-10a-721 Voting entitlement of shares
§ 16-10a-722 Proxies
§ 16-10a-723 Shares held by nominees
§ 16-10a-724 Corporation’s acceptance of votes
§ 16-10a-725 Quorum and voting requirements for voting groups
§ 16-10a-726 Action by single and multiple voting groups
§ 16-10a-727 Greater quorum or voting requirements
§ 16-10a-728 Voting for directors — Cumulative voting
§ 16-10a-730 Voting trusts
§ 16-10a-731 Voting agreements
§ 16-10a-732 Shareholder agreements
§ 16-10a-740 Procedure in derivative proceedings

Terms Used In Utah Code > Title 16 > Chapter 10a > Part 7 - Shareholders

  • Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
  • 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
  • Accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-701
  • Acknowledged before me: means :
    (a) that the person acknowledging appeared before the person taking the acknowledgment;
    (b) that he acknowledged he executed the document;
    (c) that, in the case of:
    (i) a natural person, he executed the document for the purposes stated in it;
    (ii) a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it;
    (iii) a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it;
    (iv) a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or
    (v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and
    (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
  • 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
  • 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
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
  • 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 Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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
  • 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: 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.
  • Amortization: Paying off a loan by regular installments.
  • 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
  • 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, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • 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
  • 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.
  • 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
  • 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 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • 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
  • 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
  • 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.
  • 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
  • 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
  • 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 Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
  • Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2
  • 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
  • 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
  • Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
  • 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
  • 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
  • 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
  • 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 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
  • Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901
  • 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-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
  • 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
  • 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
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • 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 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 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 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.
  • 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 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201
  • Consumer price index: means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-23-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
  • conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3
  • Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
  • Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Core-skill training: means :
    (a) 90 hours of competency-based education; and
    (b) 300 hours of community involvement as determined by the department through rule. See Utah Code 26B-2-501
  • 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.
  • Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
  • Counseling: means the activities conducted by a pharmacist to inform Medicaid recipients about the proper use of drugs, as required by the board under this part. See Utah Code 26B-3-301
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Criteria: means those predetermined and explicitly accepted elements used to measure drug use on an ongoing basis in order to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes. See Utah Code 26B-3-301
  • Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
    (i) at an angle between 80 degrees and 100 degrees;
    (ii) with a minimum depth of:
    (A) 10 feet below rail level for nonhorizontal directional drilling; or
    (B) 15 feet below rail for horizontal directional drilling; and
    (iii) within a county that is not a county of the first class. See Utah Code 54-23-102
  • Customer-generated electricity: means electricity that:
    (a) is generated by a customer generation system for a customer participating in a net metering program;
    (b) exceeds the electricity the customer needs for the customer's own use; and
    (c) is supplied to the electrical corporation administering the net metering program. See Utah Code 54-15-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
  • Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
  • 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.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
  • Department contractor: means an individual who:
    (a) provides services under a contract with the department; and
    (b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101
  • Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Dependent: A person dependent for support upon another.
  • Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
  • Devise: To gift property by will.
  • Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601
  • Direct access: means that an individual has, or likely will have:
    (a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or
    (b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101
  • Direct labor: means work required for preparation, processing and packing, other than supervision, administration, inspection, or shipping. See Utah Code 55-5a-2
  • Direct medical observation: means in-person observation of a patient by a physician, registered nurse, physician's assistant, or individual licensed under Section 26B-4-116. See Utah Code 26B-4-101
  • Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background screening approval issued by the office. See Utah Code 26B-2-101
  • Director: means the director of the office. See Utah Code 26B-2-101
  • Discharges: means the number of total hospital discharges reported on:
    (a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
    (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-501
  • Discharges: means the number of total hospital discharges reported on:
    (a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
    (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-601
  • Discharges: means the number of total hospital discharges reported on Worksheet S-3 Part I, column 15, lines 12, 14, and 14. See Utah Code 26B-3-701
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
    (i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
    (ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
  • Division: means the Division of Customer Experience. See Utah Code 26B-2-301
  • Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
  • Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501
  • Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601
  • Division: means the Division of Integrated Healthcare of the department. See Utah Code 26B-3-701
  • Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-801
  • Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • Docket: A log containing brief entries of court proceedings.
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
  • Donor: The person who makes a gift.
  • DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301
  • education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
  • Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
  • Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3
  • Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1
  • Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
  • Eligible child: means a child who qualifies for enrollment in the program as provided in Section 26B-3-903. See Utah Code 26B-3-901
  • Eligible customer: means a person who:
    (a) on December 31, 2013:
    (i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and
    (ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and
    (b) produces electricity:
    (i) from a qualifying power production facility for sale to a public utility in this state;
    (ii) primarily for the eligible customer's own use; or
    (iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1
  • Eligible facility: means a facility that uses energy derived from one of the following to generate electricity:
    (a) solar photovoltaic and solar thermal energy;
    (b) wind energy;
    (c) hydrogen;
    (d) organic waste;
    (e) hydroelectric energy;
    (f) waste gas and waste heat capture or recovery;
    (g) biomass and biomass byproducts, except for the combustion of:
    (i) wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or
    (ii) municipal waste in a solid form;
    (h) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
    (i) agricultural residues;
    (j) dedicated energy crops;
    (k) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or
    (l) geothermal energy. See Utah Code 54-15-102
  • Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2
  • Emergency medical condition: means :
    (a) a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in:
    (i) placing the individual's health in serious jeopardy;
    (ii) serious impairment to bodily functions; or
    (iii) serious dysfunction of any bodily organ or part; or
    (b) a medical condition that in the opinion of a physician or the physician's designee requires direct medical observation during transport or may require the intervention of an individual licensed under Section 26B-4-116 during transport. See Utah Code 26B-4-101
  • Emergency medical service personnel: includes a paramedic, medical director of a licensed emergency medical service provider, emergency medical service instructor, behavioral emergency services technician, other categories established by the committee, and a certified emergency medical dispatcher. See Utah Code 26B-4-101
  • Emergency medical service providers: means :
    (a) licensed ambulance providers and paramedic providers;
    (b) a facility or provider that is required to be designated under Subsection 26B-4-117(1)(a); and
    (c) emergency medical service personnel. See Utah Code 26B-4-101
  • Emergency medical services: means :
    (a) medical services;
    (b) transportation services;
    (c) behavioral emergency services; or
    (d) any combination of the services described in Subsections (11)(a) through (c). See Utah Code 26B-4-101
  • Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
  • Employee welfare benefit plan: means a medical insurance plan developed by an employer under 29 U. See Utah Code 26B-3-1001
  • End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
  • Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26B-3-211. See Utah Code 26B-3-501
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes :
    (a) a domestic and foreign corporation;
    (b) a nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; and
    (l) a foreign government. See Utah Code 16-10a-102
  • Equipment package: means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. See Utah Code 54-15-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • excavation: means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, or explosives. See Utah Code 54-8a-2
  • Excavator: means any person or entity that excavates or conducts excavation activities. See Utah Code 54-8a-2
  • Excess customer-generated electricity: means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. See Utah Code 54-15-102
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-2-401
  • Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
  • Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601
  • 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.
  • false representation: means a wholly or partially untrue statement or representation which is:
    (a) knowingly made; and
    (b) a material fact with respect to the claim. See Utah Code 26B-3-1101
  • Feature: means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. See Utah Code 54-8b-2
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Food service: includes restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with them. See Utah Code 55-5-6
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
  • Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6). See Utah Code 26B-1-501
  • Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
  • Fraud: Intentional deception resulting in injury to another.
  • Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201
  • Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
    (a) gas is made or produced on, and distributed by the maker or producer through, private property:
    (i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and
    (ii) not for sale to others;
    (b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or
    (c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1
  • General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing authority: means :
    (a) for a distribution electrical cooperative, its board of directors; and
    (b) for each other electrical corporation, the Public Service Commission. See Utah Code 54-15-102
  • Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3
  • Government agency: means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities. See Utah Code 26B-2-301
  • Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Health benefit plan: means the same as that term is defined in Section 31A-22-634. See Utah Code 26B-2-101
  • Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
  • Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-2-101
  • Health coverage improvement program: means the health coverage improvement program described in Section 26B-3-207. See Utah Code 26B-3-501
  • Health insurance entity: means :
    (a) an insurer;
    (b) a person who administers, manages, provides, offers, sells, carries, or underwrites health insurance, as defined in Section 31A-1-301;
    (c) a self-insured plan;
    (d) a group health plan, as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
    (e) a service benefit plan;
    (f) a managed care organization;
    (g) a pharmacy benefit manager;
    (h) an employee welfare benefit plan; or
    (i) a person who is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. See Utah Code 26B-3-1001
  • Health insurer: means the same as that term is defined in Section 31A-22-615. See Utah Code 26B-2-101
  • Health maintenance organization: means an organization, organized under the laws of any state which:
    (a) is a qualified health maintenance organization under 42 U. See Utah Code 26B-2-201
  • Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1
  • High voltage: means voltage in excess of 600 volts measured between:
    (a) conductors; or
    (b) a conductor and the ground. See Utah Code 54-8c-1
  • Highway: includes :Utah Code 68-3-12.5
  • Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
  • Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
  • Hospital share: means the hospital share described in Section 26B-3-505. See Utah Code 26B-3-501
  • Hospital share: means the hospital share described in Section 26B-3-605. See Utah Code 26B-3-601
  • Human services program: means :
    (i) a foster home;
    (ii) a therapeutic school;
    (iii) a youth program;
    (iv) an outdoor youth program;
    (v) a residential treatment program;
    (vi) a residential support program;
    (vii) a resource family home;
    (viii) a recovery residence; or
    (ix) a facility or program that provides:
    (A) adult day care;
    (B) day treatment;
    (C) outpatient treatment;
    (D) domestic violence treatment;
    (E) child-placing services;
    (F) social detoxification; or
    (G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
  • Human waste: means excrement, feces, gray water, or other waste material discharged from the human body. See Utah Code 56-3-1
  • Incarcerated mother: means the same as that term is defined in Section 64-13-46. See Utah Code 26B-1-434
  • Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
  • Independent third party: means a person that:
    (a) is not related to the unit owner;
    (b) shares no pecuniary interests with the unit owner; and
    (c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3
  • Indian child: means the same as that term is defined in 25 U. See Utah Code 26B-2-101
  • Indian country: means the same as that term is defined in 18 U. See Utah Code 26B-2-101
  • Indian tribe: means the same as that term is defined in 25 U. See Utah Code 26B-2-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
  • Insurer: includes :
    (a) a group health plan as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
    (b) a health maintenance organization; and
    (c) any entity offering a health service benefit plan. See Utah Code 26B-3-1001
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interested party: means :
    (a) a licensed or designated emergency medical services provider that provides emergency medical services within or in an area that abuts an exclusive geographic service area that is the subject of an application submitted pursuant to Sections 26B-4-150 through 26B-4-170;
    (b) any municipality, county, or fire district that lies within or abuts a geographic service area that is the subject of an application submitted pursuant to Sections 26B-4-150 through 26B-4-170; or
    (c) the department when acting in the interest of the public. See Utah Code 26B-4-101
  • Intermediate care facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
  • Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
  • Intervention: means a form of communication utilized by the board with a prescriber or pharmacist to inform about or influence prescribing or dispensing practices. See Utah Code 26B-3-301
  • Intestate: Dying without leaving a will.
  • Inverter: means a device that:
    (a) converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and
    (b) has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • 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
  • Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Level of service: means the level at which an ambulance provider type of service is licensed as:
    (a) emergency medical technician;
    (b) advanced emergency medical technician; or
    (c) paramedic. See Utah Code 26B-4-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401
  • Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
  • Licensing committee: means the Child Care Provider Licensing Committee created in Section 26B-1-204. See Utah Code 26B-2-401
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local exchange service: means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Utah Code 54-8b-2
  • Local government: means a city, town, metro township, or county. See Utah Code 26B-2-101
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1
  • Location: means the site of a proposed area of excavation described:
    (a) 
    (i) by street address, if available;
    (ii) by the area at that street address to be excavated; and
    (iii) as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or
    (b) if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. See Utah Code 54-8a-2
  • Location request assignment: means a number assigned to a proposed excavation by an association or operator upon receiving notice of the proposed excavation from the excavator. See Utah Code 54-8a-2
  • long-run: means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable. See Utah Code 54-8b-2
  • Long-term care facility: means :
    (i) a skilled nursing facility;
    (ii) except as provided in Subsection (6)(b), an intermediate care facility;
    (iii) a nursing home;
    (iv) a small health care facility;
    (v) a small health care facility type N; or
    (vi) an assisted living facility. See Utah Code 26B-2-301
  • Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
  • Means of electronic communication: includes :
    (i) web conferencing;
    (ii) video conferencing; and
    (iii) telephone conferencing. See Utah Code 57-8-3
  • Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-501
  • Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-601
  • Medicaid certification: means the right of a nursing care facility, as a provider of a nursing care facility program, to receive Medicaid reimbursement for a specified number of beds within the facility. See Utah Code 26B-3-301
  • Medicaid Expansion Fund: means the Medicaid Expansion Fund created in Section 26B-1-315. See Utah Code 26B-3-601
  • Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
  • Medicaid waiver expansion: means a Medicaid expansion in accordance with Section 26B-3-113 or 26B-3-210. See Utah Code 26B-3-501
  • Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101
  • Medical assistance: means :
    (a) all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and
    (b) any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001
  • Medical benefit: means a benefit paid or payable to:
    (a) a health care provider; or
    (b) a recipient or a provider under a program administered by the state under:
    (i) Titles V and XIX of the federal Social Security Act;
    (ii) Title X of the federal Public Health Services Act;
    (iii) the federal Child Nutrition Act of 1966 as amended by Pub. See Utah Code 26B-3-1101
  • Medical control: means a person who provides medical supervision to an emergency medical service provider. See Utah Code 26B-4-101
  • Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-501
  • Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-601
  • Medicare Cost Report: means CMS-2552-96 or CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-701
  • member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
  • Member: means a child enrolled in the program. See Utah Code 26B-3-901
  • Minor: means child. See Utah Code 26B-2-101
  • Mobile telecommunications service: means a mobile telecommunications service:
    (a) that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 54-8b-2
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Near fatality: means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition. See Utah Code 26B-1-501
  • Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Net electricity: means the difference, as measured at the meter owned by the electrical corporation between:
    (a) the amount of electricity that an electrical corporation supplies to a customer participating in a net metering program; and
    (b) the amount of customer-generated electricity delivered to the electrical corporation. See Utah Code 54-15-102
  • Net metering: means measuring the amount of net electricity for the applicable billing period. See Utah Code 54-15-102
  • Net metering program: means a program administered by an electrical corporation whereby a customer with a customer generation system may:
    (a) generate electricity primarily for the customer's own use;
    (b) supply customer-generated electricity to the electrical corporation; and
    (c) if net metering results in excess customer-generated electricity during a billing period, receive a credit as provided in Section 54-15-104. See Utah Code 54-15-102
  • New public telecommunications service: means a service offered by a telecommunications corporation which that corporation has never offered before. See Utah Code 54-8b-2
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-federal portion: means the non-federal share the division needs to seed amounts that will support fee-for-service ambulance service provider rates, as described in Section 26B-3-804. See Utah Code 26B-3-801
  • Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-501
  • Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-601
  • Nonemergency secured behavioral health transport: means an entity that:
    (a) provides nonemergency secure transportation services for an individual who:
    (i) is not required to be transported by an ambulance under Section 26B-4-119; and
    (ii) requires behavioral health observation during transport between any of the following facilities:
    (A) a licensed acute care hospital;
    (B) an emergency patient receiving facility;
    (C) a licensed mental health facility; and
    (D) the office of a licensed health care provider; and
    (b) is required to be designated under Section 26B-4-117. See Utah Code 26B-4-101
  • Nonutility energy supplier: means a person that:
    (a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with 16 U. See Utah Code 54-2-1
  • Notarial act: means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents. See Utah Code 57-2a-2
  • Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
  • Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
    (a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
    (b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
    (c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
  • Nursing care facility: means the following facilities licensed by the department under 2:
    (i) skilled nursing facilities;
    (ii) intermediate care facilities; and
    (iii) an intermediate care facility for people with an intellectual disability. See Utah Code 26B-3-301
  • Nursing care facility: means :
    (i) a nursing care facility as defined in Section 26B-2-201;
    (ii) beginning January 1, 2006, a designated swing bed in:
    (A) a general acute hospital as defined in Section 26B-2-201; and
    (B) a critical access hospital which meets the criteria of 42 U. See Utah Code 26B-3-401
  • Nursing care facility program: means the personnel, licenses, services, contracts, and all other requirements that shall be met for a nursing care facility to be eligible for Medicaid certification under this part and division rule. See Utah Code 26B-3-301
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 55-5a-2
  • Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
  • Office of Recovery Services: means the Office of Recovery Services within the department. See Utah Code 26B-3-1001
  • Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301
  • Ombudsman program: means the Long-Term Care Ombudsman Program. See Utah Code 26B-2-301
  • Operator: means a person who owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
  • Operator assisted services: means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention. See Utah Code 54-8b-2
  • Operator service provider: means any person or entity that provides, for a fee to a caller, operator assisted services. See Utah Code 54-8b-2
  • Outdoor youth program: means a program that provides:
    (a) services to a child that has:
    (i) a chemical dependency; or
    (ii) a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral;
    (b) a 24-hour outdoor group living environment; and
    (c) 
    (i) regular therapy, including group, individual, or supportive family therapy; or
    (ii) informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Utah Code 54-8-3
  • Overhead line: means all bare or insulated electrical conductors installed above the ground. See Utah Code 54-8c-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Par value: means a number of dollars or points assigned to each unit by the declaration. See Utah Code 57-8-3
  • Paramedic provider: means an entity that:
    (a) employs emergency medical service personnel; and
    (b) is required to obtain a license under Sections 26B-4-150 through 26B-4-170. See Utah Code 26B-4-101
  • 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.
  • Passenger train: means any train operated by a railroad company or corporation pursuant to Title 56, Chapter 1, General Provisions, for the primary purpose of transporting passengers for hire. See Utah Code 56-3-1
  • Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101
  • Patient: means an individual who, as the result of illness, injury, or a behavioral emergency condition, meets any of the criteria in Section 26B-4-119. See Utah Code 26B-4-101
  • Patient day: means each calendar day in which an individual patient is admitted to the nursing care facility during a calendar month, even if on a temporary leave of absence from the facility. See Utah Code 26B-3-401
  • Period of administrative control: means the period of control described in Subsection 57-8-16. See Utah Code 57-8-3
  • Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
  • Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
  • Person: means :Utah Code 68-3-12.5
  • Person: includes :
    (a) an individual, government entity, corporation, partnership, association, or company; and
    (b) the trustee, receiver, assignee, and personal representative of a person listed in Subsection (11)(a). See Utah Code 54-8a-2
  • Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101
  • Person: means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 56-3-1
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Pharmacist: means a person licensed in this state to engage in the practice of pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act. See Utah Code 26B-3-301
  • Physical facility: means the buildings or other physical structures where a nursing care facility program is operated. See Utah Code 26B-3-301
  • Physician: means a person licensed in this state to practice medicine and surgery under Section 58-67-301 or osteopathic medicine under Section 58-68-301. See Utah Code 26B-3-301
  • Pilot program period: means a period of five years during which the sustainable transportation and energy plan is effective:
    (a) for a large-scale electric utility, beginning on January 1, 2017; or
    (b) for a large-scale natural gas utility, beginning on July 1, 2019. See Utah Code 54-20-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the department's plan submitted to the United States Department of Health and Human Services pursuant to 42 U. See Utah Code 26B-3-901
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Point of delivery: means :
    (a) a meter, for electric facilities; or
    (b) a network interface device, for communication facilities. See Utah Code 54-8-3
  • Political sign: means any sign or document that advocates:
    (a) the election or defeat of a candidate for public office; or
    (b) the approval or defeat of a ballot proposition. See Utah Code 57-8-3
  • Political subdivision: means :
    (a) a city, town, or metro township;
    (b) a county;
    (c) a special service district created under Title 17D, Chapter 1, Special Service District Act, for the purpose of providing fire protection services under Subsection 17D-1-201(9);
    (d) a special district created under Title 17B, Limited Purpose Local Government Entities - Special Districts, for the purpose of providing fire protection, paramedic, and emergency services;
    (e) areas coming together as described in Subsection 26B-4-156(2)(b)(ii); or
    (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 26B-4-101
  • PPACA: means the same as that term is defined in Section 31A-1-301. See Utah Code 26B-3-101
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
    (a) an annual report;
    (b) an application for a certificate of authority; or
    (c) a notice of change of principal office. See Utah Code 16-10a-102
  • Private hospital: means :
    (i) a general acute hospital, as defined in Section 26B-2-201, that is privately owned and operating in the state; and
    (ii) a privately owned specialty hospital operating in the state, including a privately owned hospital whose inpatient admissions are predominantly for:
    (A) rehabilitation;
    (B) psychiatric care;
    (C) chemical dependency services; or
    (D) long-term acute care services. See Utah Code 26B-3-501
  • Private hospital: means :
    (i) a privately owned general acute hospital operating in the state as defined in Section 26B-2-201; or
    (ii) a privately owned specialty hospital operating in the state, including a privately owned hospital for which inpatient admissions are predominantly:
    (A) rehabilitation;
    (B) psychiatric;
    (C) chemical dependency; or
    (D) long-term acute care services. See Utah Code 26B-3-601
  • Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration or mediation; and
    (c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Utah Children's Health Insurance Program created by this part. See Utah Code 26B-3-901
  • Property: means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Utah Code 57-8-3
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected area: means the same as that term is defined in Section 77-27-21. See Utah Code 57-8-3
  • Provider: means a person or entity who provides services to a recipient. See Utah Code 26B-3-1001
  • Public office building: means all county courthouses, all city or town halls, and all buildings used primarily for governmental offices of the state or any county, city, or town. See Utah Code 55-5-6
  • Public power entity: means :
    (a) a city or town that owns a system for the generation, transmission, or distribution of electric power and energy for public or private use; and
    (b) an interlocal entity. See Utah Code 54-9-102
  • Public school: means :
    (a) a school, including a charter school, that:
    (i) is directly funded at public expense; and
    (ii) provides education to qualifying children for any grade from first grade through twelfth grade; or
    (b) a school, including a charter school, that provides:
    (i) preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and
    (ii) education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense. See Utah Code 26B-2-401
  • Public switched network: means the same as that term is defined in 47 C. See Utah Code 54-8b-2
  • Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 54-8b-2
  • Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
  • Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3
  • Public utility: means any entity that generates, transmits, or distributes electrical energy, including any:
    (a) public utility as defined in Title 54, Chapter 2, General Provisions;
    (b) municipality as defined in Title 10, Utah Municipal Code;
    (c) agricultural cooperative association as defined in Title 3, Uniform Agricultural Cooperative Association Act;
    (d) improvement district as defined in Section 17B-1-102; or
    (e) entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 54-8c-1
  • Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, 16 U. See Utah Code 54-2-1
  • Qualified individual: means an individual who:
    (a) at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;
    (b) 
    (i) is in the custody of the department or a division of the department; and
    (ii) is placed in a residential placement by the department or a division of the department;
    (c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:
    (i) an investigation for abuse, neglect, or dependency;
    (ii) foster care;
    (iii) in-home services; or
    (iv) substitute care;
    (d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;
    (e) was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:
    (i) the department or a division of the department is aware of the death; and
    (ii) the death is reported as a homicide, suicide, or an undetermined cause;
    (f) received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual:
    (i) lived in the individual's home at the time of death; and
    (ii) the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department;
    (g) dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;
    (h) is a child who:
    (i) suffers a near fatality; and
    (ii) is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:
    (A) an investigation for abuse, neglect, or dependency;
    (B) foster care;
    (C) in-home services; or
    (D) substitute care; or
    (i) is designated as a qualified individual by the executive director. See Utah Code 26B-1-501
  • Qualifying child: means an individual who is:
    (a) 
    (i) under the age of 13 years old; or
    (ii) under the age of 18 years old, if the person has a disability; and
    (b) a child of:
    (i) a person other than the person providing care to the child;
    (ii) a regulated provider, if the child is under the age of four; or
    (iii) an employee or owner of a licensed child care center, if the child is under the age of four. See Utah Code 26B-2-401
  • Qualifying power producer: means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. See Utah Code 54-2-1
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
    (a) the corporation at its:
    (i) registered office in this state; or
    (ii) principal office;
    (b) the secretary of the corporation, wherever the secretary is found; or
    (c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
  • Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
  • Recipient: means :
    (a) an individual who has applied for or received medical assistance from the state;
    (b) the guardian, conservator, or other personal representative of an individual under Subsection (11)(a) if the individual is a minor or an incapacitated person; or
    (c) the estate and survivors of an individual under Subsection (11)(a), if the individual is deceased. See Utah Code 26B-3-1001
  • Record date: means the date established under 6, or 7, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102
  • Recovery estate: means , regarding a deceased recipient:
    (a) all real and personal property or other assets included within a decedent's estate as defined in Section 75-1-201;
    (b) the decedent's augmented estate as defined in Section 75-2-203; and
    (c) that part of other real or personal property in which the decedent had a legal interest at the time of death including assets conveyed to a survivor, heir, or assign of the decedent through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement. See Utah Code 26B-3-1001
  • Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:
    (i) provides a supervised living environment for individuals recovering from a substance use disorder;
    (ii) provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder;
    (iii) provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site;
    (iv) is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or
    (v) 
    (A) receives public funding; or
    (B) is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101
  • Regular business hours: means :
    (a) the hours during which services of any kind are provided to a client; or
    (b) the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101
  • Regulated provider: means a licensed provider or certified provider. See Utah Code 26B-2-401
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • rental unit: means :
    (a) a unit that:
    (i) is not owned by an entity or trust; and
    (ii) is occupied by an individual while the unit owner is not occupying the unit as the unit owner's primary residence; or
    (b) an occupied unit owned by an entity or trust, regardless of who occupies the unit. See Utah Code 57-8-3
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means a person 21 years old or older who:
    (a) as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
    (b) does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
  • Resident: means an individual who resides in a long-term care facility. See Utah Code 26B-2-301
  • Residential child care: means child care provided in the home of the provider. See Utah Code 26B-2-401
  • Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are:
    (i) emotional;
    (ii) psychological;
    (iii) developmental; or
    (iv) behavioral. See Utah Code 26B-2-101
  • Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
  • Residential treatment program: means a program or facility that provides:
    (a) residential treatment; or
    (b) intermediate secure treatment. See Utah Code 26B-2-101
  • Resolution: means ordinance when the governing body properly acts by ordinance rather than by resolution. See Utah Code 54-8-3
  • Responsible party: means any person who contracts to perform, is responsible for the performance of, or has control over, any function or activity at any location. See Utah Code 54-8c-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • 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
  • Rural county: means a county with a population of less than 50,000, as determined by:
    (a) the most recent official census or census estimate of the United States Bureau of the Census; or
    (b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (20)(a). See Utah Code 26B-3-301
  • Seclusion: means the involuntary confinement of an individual in a room or an area:
    (a) away from the individual's peers; and
    (b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
    (a) the preparation and maintenance of:
    (i) minutes of the meetings of the board of directors and of the shareholders; and
    (ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
    (b) authenticating records of the corporation. See Utah Code 16-10a-102
  • Service entrance equipment: means facilities on the property owner's side of the point of delivery that are necessary to accommodate service from a public utility. See Utah Code 54-8-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewer lateral cleanout: means a point of access where a sewer lateral can be serviced. See Utah Code 54-8a-2
  • Sewerage corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any sewerage system for public service within this state. See Utah Code 54-2-1
  • Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
  • Shareholder: means :
    (i) the person in whose name a share is registered in the records of a corporation; or
    (ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Size: means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. See Utah Code 57-8-3
  • Skilled nursing facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301
  • Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26B-2-201
  • Small health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
  • Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201
  • Standards: means the acceptable range of deviation from the criteria that reflects local medical practice and that is tested on the Medicaid recipient database. See Utah Code 26B-3-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State certified: means that an individual has obtained the state certification described in Subsection 26B-2-504(1). See Utah Code 26B-2-501
  • State plan: means the state Medicaid program as enacted in accordance with Title XIX, federal Social Security Act. See Utah Code 26B-3-1001
  • State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-501
  • State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-601
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stigmatized: means :
    (a) the site or suspected site of a homicide, other felony, or suicide;
    (b) the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or
    (c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with 9. See Utah Code 57-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • substance use disorder treatment program: means a program:
    (a) designed to provide:
    (i) specialized drug or alcohol treatment;
    (ii) rehabilitation; or
    (iii) habilitation services; and
    (b) that provides the treatment or services described in Subsection (44)(a) to persons with:
    (i) a diagnosed substance use disorder; or
    (ii) chemical dependency disorder. See Utah Code 26B-2-101
  • Substantial compliance: means in a department survey of a licensee, the department determines there is an absence of deficiencies which would harm the physical health, mental health, safety, or welfare of patients or residents of a licensee. See Utah Code 26B-2-201
  • Substitute care: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • SURS: means the Surveillance Utilization Review System of the Medicaid program. See Utah Code 26B-3-301
  • Sustainable transportation and energy plan: means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including:
    (a) a natural gas vehicle rate or natural gas clean air program described in Section 54-4-13. See Utah Code 54-20-102
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Switchgear: means the combination of electrical disconnects, fuses, or circuit breakers:
    (a) used to:
    (i) isolate electrical equipment; and
    (ii) de-energize equipment to allow work to be performed or faults downstream to be cleared; and
    (b) that is:
    (i) designed, tested, and certified to UL1741; and
    (ii) installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
  • TEFRA lien: means a lien, authorized under the Tax Equity and Fiscal Responsibility Act of 1982, against the real property of an individual prior to the individual's death, as described in 42 U. See Utah Code 26B-3-1001
  • Telecommunications corporation: means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service. See Utah Code 54-8b-2
  • telecommunications facility: means fiber optics or related conduit installed in a crossing. See Utah Code 54-23-102
  • Telegraph corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any telegraph line for public service within this state. See Utah Code 54-2-1
  • Telephone cooperative: means a telephone corporation that:
    (a) is a cooperative; and
    (b) is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. See Utah Code 54-2-1
  • Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testator: A male person who leaves a will at death.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Therapeutic school: means a residential group living facility:
    (a) for four or more individuals that 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:
    (I) a disability;
    (II) emotional development;
    (III) behavioral development;
    (IV) familial development; or
    (V) social development. See Utah Code 26B-2-101
  • Third party: includes :
    (a) an individual, institution, corporation, public or private agency, trust, estate, insurance carrier, employee welfare benefit plan, health maintenance organization, health service organization, preferred provider organization, governmental program such as Medicare, CHAMPUS, and workers' compensation, which may be obligated to pay all or part of the medical costs of injury, disease, or disability of a recipient, unless any of these are excluded by department rule; and
    (b) a spouse or a parent who:
    (i) may be obligated to pay all or part of the medical costs of a recipient under law or by court or administrative order; or
    (ii) has been ordered to maintain health, dental, or accident and health insurance to cover medical expenses of a spouse or dependent child by court or administrative order. See Utah Code 26B-3-1001
  • Time period unit: means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as defined in Section 57-19-2. See Utah Code 57-8-3
  • Total service long-run incremental cost: means the forward-looking incremental cost to a telecommunications corporation caused by providing the entire quantity of a public telecommunications service, network function, or group of public telecommunications services or network functions, by using forward-looking technology, reasonably available, without assuming relocation of existing plant and equipment. See Utah Code 54-8b-2
  • Total transports: means the number of total ambulance transports applicable to a given fiscal year, as determined under Subsection 26B-3-803(5). See Utah Code 26B-3-801
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trauma: means an injury requiring immediate medical or surgical intervention. See Utah Code 26B-4-101
  • Trauma system: means a single, statewide system that:
    (a) organizes and coordinates the delivery of trauma care within defined geographic areas from the time of injury through transport and rehabilitative care; and
    (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in delivering care for trauma patients, regardless of severity. See Utah Code 26B-4-101
  • Triage: means the sorting of patients in terms of disposition, destination, or priority. See Utah Code 26B-4-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Type of service: means the category at which an ambulance provider is licensed as:
    (a) ground ambulance transport;
    (b) ground ambulance interfacility transport; or
    (c) both ground ambulance transport and ground ambulance interfacility transport. See Utah Code 26B-4-101
  • Unconstructed unit: means a unit that:
    (a) is intended, as depicted in the condominium plat, to be fully or partially contained in a building; and
    (b) is not constructed. See Utah Code 57-8-3
  • Underground facility: means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following:
    (a) water;
    (b) sewage, including sewer laterals;
    (c) communications, including electronic, photonic, telephonic, or telegraphic communications;
    (d) television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming;
    (e) electric power;
    (f) oil, gas, or other fluid and gaseous substances;
    (g) steam;
    (h) slurry; or
    (i) dangerous materials or products. See Utah Code 54-8a-2
  • underutilization: means the use of a drug in such quantities that the desired therapeutic goal is not achieved. See Utah Code 26B-3-301
  • Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
  • Unit number: means the number, letter, or combination of numbers and letters designating the unit in the declaration and in the record of survey map. See Utah Code 57-8-3
  • Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Upper payment limit gap: means the difference between the private hospital outpatient upper payment limit and the private hospital Medicaid outpatient payments, as determined in accordance with 42 C. See Utah Code 26B-3-501
  • Urban county: means a county that is not a rural county. See Utah Code 26B-3-301
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Utility vehicle charging service: means the furnishing of electricity:
    (a) to an electric vehicle battery charging station;
    (b) by a public utility in whose service area the charging station is located; and
    (c) pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. See Utah Code 54-2-1
  • Utility-owned vehicle charging infrastructure: means all facilities, equipment, and electrical systems owned and installed by a large-scale electric utility:
    (a) on the customer's side or the large-scale electric utility's side of the electricity metering equipment; and
    (b) to facilitate utility vehicle charging service or other electric vehicle battery charging service. See Utah Code 54-2-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
  • Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
    (a) provide personal protection;
    (b) provide necessities such as food, shelter, clothing, or mental or other health care;
    (c) obtain services necessary for health, safety, or welfare;
    (d) carry out the activities of daily living;
    (e) manage the adult's own resources; or
    (f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101
  • Water corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any water system for public service within this state. See Utah Code 54-2-1
  • Wholesale electrical cooperative: includes every electrical corporation that is:
    (a) in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and
    (b) required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage. See Utah Code 54-2-1
  • Writing: includes :Utah Code 68-3-12.5
  • Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that:
    (i) serves adjudicated or nonadjudicated youth;
    (ii) charges a fee for the program's services;
    (iii) may provide host homes or other arrangements for overnight accommodation of the youth;
    (iv) may provide all or part of the program's services in the outdoors;
    (v) may limit or censor access to parents or guardians; and
    (vi) prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101
  • Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101