Utah Code > Title 16 > Chapter 10a > Part 8 – Directors and Officers
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Utah Code > Title 16 > Chapter 10a > Part 8 - Directors and Officers
- Abuse: means :
(a) knowingly or intentionally: (i) attempting to cause harm; (ii) causing harm; or (iii) placing another in fear of harm; (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult; (c) emotional or psychological abuse; (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or (e) deprivation of life sustaining treatment, or medical or mental health treatment, except: (i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or (ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201 - Accommodation: means :
(a) a hotel or motel room; (b) a condominium or cooperative unit; (c) a cabin; (d) a lodge; (e) an apartment; or (f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2 - Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 26B-4-701
- Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistance education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 26B-4-701
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
- ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
- Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
- Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 57-25-102
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or (ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2 - Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
- Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Adult Autism Treatment Account: means the Adult Autism Treatment Account created in Section 26B-1-322. See Utah Code 26B-4-601
- Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
- Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
- advertising: means information provided by a medical cannabis pharmacy in any medium:
(a) to the public; and (b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201 - Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
- Advisory committee: means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424. See Utah Code 26B-4-601
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- aged: means a person 60 years old or older. See Utah Code 26B-6-101
- Agency: means :
(a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and (b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3 - Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
- Agent: means a coach, teacher, employee, representative, or volunteer. See Utah Code 26B-4-401
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
- Aggrieved person: includes a person who:
(a) claims to have been injured by a discriminatory housing practice; or (b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2 - Agricultural tourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
- Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
- Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agricultural tourism activity. See Utah Code 26B-7-401
- Agritourism food establishment permit: means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment. See Utah Code 26B-7-401
- Allegation: something that someone says happened.
- Amateur sports organization: means , except as provided in Subsection (2)(b):
(i) a sports team; (ii) a public or private school; (iii) a public or private sports league; (iv) a public or private sports camp; or (v) any other public or private organization that organizes, manages, or sponsors a sporting event for its members, enrollees, or attendees. See Utah Code 26B-4-401 - Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amenities: means the following physical, recreational or social facilities located at a mobile home park:
(a) a club house; (b) a park; (c) a playground; (d) a swimming pool; (e) a hot tub; (f) a tennis court; or (g) a basketball court. See Utah Code 57-16-3 - Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
- 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.
- Applied behavior analysis: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-110(2)(j). See Utah Code 26B-5-301
- Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
- Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
- Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and (b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101 - Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and (b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101 - Arrest: Taking physical custody of a person by lawful authority.
- Articles of incorporation: include :
(a) amended and restated articles of incorporation; (b) articles of merger; and (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 - ASHA: means the American Speech-Language-Hearing Association. See Utah Code 58-41-2
- Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
- Assessment: means any charge imposed by the association, including:
(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and (b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
- Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
- Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
- Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
- Association: means the Utah Speech-Language-Hearing Association. See Utah Code 58-41-2
- Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
- association: means 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 - Asthma action plan: means a written plan:
(a) developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and (b) signed by the student's: (i) parent or guardian; and (ii) health care provider. See Utah Code 26B-4-401 - Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
- Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2
- Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 58-41-2
- Audiology aide: means an individual who:
(a) meets the minimum qualifications established by the board for audiology aides. See Utah Code 58-41-2 - Autism spectrum disorder: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
- 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.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- Biological sex at birth: means an individual's sex, as being male or female,
according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101- Bioterrorism: means :
(a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301 - Board: means the Speech-language Pathology and Audiology Licensing Board created under Section 58-41-6. See Utah Code 58-41-2
- Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
- Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
- Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
- Brain injury: means an acquired injury to the brain that is neurological in nature, including a cerebral vascular accident. See Utah Code 26B-6-401
- Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
- Business: means any lawful activity, excepting a farm operation, conducted primarily:
(a) for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (b) for the sale of services to the public; (c) by a nonprofit organization; or (d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3 - Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
- Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
- Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
- Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
- Cannabis: means marijuana. See Utah Code 26B-4-201
- Cannabis cultivation facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis product: means a product that:
(a) is intended for human use; and (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201 - Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
- Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
- Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
- Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
- Carrier: means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. See Utah Code 26B-7-201
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102
- CCC: means the certificate of clinical competence awarded by the American Speech-Language-Hearing Association. See Utah Code 58-41-2
- Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-4-701
- 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 food safety manager: means a manager of a food service establishment who:
(a) passes successfully a department-approved examination; (b) successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and (c) submits to the appropriate local health department the documentation required by Section 26B-7-412. See Utah Code 26B-7-401 - Certified nurse midwife: means an individual who:
(a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and (b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101 - Change of use: means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. See Utah Code 57-16-3
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Child: means an individual who is under the age of 18. See Utah Code 26B-4-401
- Child: means a person under 18 years old. See Utah Code 26B-5-401
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Clandestine laboratory operation: means the:
(i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances; (ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances; (iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances; (iv) activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances; (v) illegal manufacture of specified controlled substances; or (vi) distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3 - Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
- Commission: means the Labor Commission. See Utah Code 57-21-2
- Committee: means the Primary Care Grant Committee described in Section 26B-1-410. See Utah Code 26B-4-301
- 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 interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 57-25-102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Common-interest community: means :
(a) an association of unit owners, as defined in Section 57-8-3; (b) an association, as defined in Section 57-8a-102; or (c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101 - Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201
- Community location: means the same as that term is defined:
(a) as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501 - Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 26B-4-201
- Community mental health center: means an entity that provides treatment and services to a resident of a designated geographical area, that operates by or under contract with a local mental health authority, and that complies with state standards for community mental health centers. See Utah Code 26B-5-301
- Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
- Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
- Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
- Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
- Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
- Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
- Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
- Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
- Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
- Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
(a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property; (b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses; (c) protecting natural resources, including wetlands, grasslands, and riparian areas; (d) maintaining or enhancing air or water quality; (e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or (f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101 - conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
- Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
- Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2
- Contact: means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection. See Utah Code 26B-7-201
- Continuance: Putting off of a hearing ot trial until a later time.
- Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2
- Contract: A legal written agreement that becomes binding when signed.
- Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
- Controlled substance: means the same as that term is defined in Title 58, Chapter 37, Utah Controlled Substances Act. See Utah Code 26B-4-501
- Controlled substance: means a drug or substance:
(A) included in Schedules I, II, III, IV, or V of Section 58-37-4; (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2 - Controlled substance analog: means :
(A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section 58-37-4. See Utah Code 58-37-2 - Controlled substance database: means the controlled substance database created in Section 58-37f-201. See Utah Code 26B-4-201
- Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3
- Controlled substance precursor: includes a chemical reagent and means any of the following:
(a) Phenyl-2-propanone; (b) Methylamine; (c) Ethylamine; (d) D-lysergic acid; (e) Ergotamine and its salts; (f) Diethyl malonate; (g) Malonic acid; (h) Ethyl malonate; (i) Barbituric acid; (j) Piperidine and its salts; (k) N-acetylanthranilic acid and its salts; (l) Pyrrolidine; (m) Phenylacetic acid and its salts; (n) Anthranilic acid and its salts; (o) Morpholine; (p) Ephedrine; (q) Pseudoephedrine; (r) Norpseudoephedrine; (s) Phenylpropanolamine; (t) Benzyl cyanide; (u) Ergonovine and its salts; (v) 3,4-Methylenedioxyphenyl-2-propanone; (w) propionic anhydride; (x) Insosafrole; (y) Safrole; (z) Piperonal; (aa) N-Methylephedrine; (bb) N-ethylephedrine; (cc) N-methylpseudoephedrine; (dd) N-ethylpseudoephedrine; (ee) Hydriotic acid; (ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA); (gg) 1,4 butanediol; (hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg); (ii) Crystal iodine; (jj) Iodine at concentrations greater than 1. See Utah Code 58-37c-3 - controlling interest: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. See Utah Code 16-10a-102
- 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.
- Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
(A) Chapter 37, Utah Controlled Substances Act; (B) Chapter 37a, Utah Drug Paraphernalia Act; (C) Chapter 37b, Imitation Controlled Substances Act; (D) Chapter 37c, Utah Controlled Substance Precursor Act; or (E) Chapter 37d, Clandestine Drug Lab Act; or (ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under: (A) Chapter 37, Utah Controlled Substances Act; (B) Chapter 37a, Utah Drug Paraphernalia Act; (C) Chapter 37b, Imitation Controlled Substances Act; (D) Chapter 37c, Utah Controlled Substance Precursor Act; or (E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2 - Cooperative: means a form of coownership of real estate in which:
(a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity; (b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and (c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument. See Utah Code 57-23-2 - 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.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Counterfeit opioid: means an opioid or container or labeling of an opioid that:
(ii) (A) is falsely represented to be any legally or illegally manufactured opioid; and (B) a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3 - Counterfeit substance: means :
(i) any controlled substance or container or labeling of any controlled substance that: (A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and (B) a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled substance; or (ii) any substance other than under Subsection (1)(i)(i) that: (A) is falsely represented to be any legally or illegally manufactured controlled substance; and (B) a reasonable person would believe to be a legal or illegal controlled substance. See Utah Code 58-37-2 - County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Covered multifamily dwelling: means :
(a) a building consisting of four or more dwelling units if the building has one or more elevators; and (b) the ground floor units in other buildings consisting of four or more dwelling units. See Utah Code 57-21-2 - Criminal risk factors: means a person's characteristics and behaviors that:
(a) affect the person's risk of engaging in criminal behavior; and (b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in reduced risk of criminal behavior. See Utah Code 26B-5-101 - Critical access hospital: means a critical access hospital that meets the criteria of 42 U. See Utah Code 26B-4-501
- Cross examine: Questioning of a witness by the attorney for the other side.
- Custodial funeral service director: means a funeral service director who:
(a) is employed by a licensed funeral establishment; and (b) has custody of a dead body. See Utah Code 26B-8-101 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
- Day: means calendar day. See Utah Code 57-26-102
- Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101
- Dead body: means the same as that term is defined in Section 26B-8-101. See Utah Code 26B-8-201
- Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):
(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and (b) that was not born alive. See Utah Code 26B-8-101 - Decedent: means the same as a dead body. See Utah Code 26B-8-101
- 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
- Declarant father: means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity. See Utah Code 26B-8-101
- 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.
- Defense attorney: Represent defendants in criminal matters.
- 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
- delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2
- Delivery address: means :
(a) for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or (b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 26B-4-201 - Department: means the Department of Commerce. See Utah Code 58-37-2
- Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
- Department of Transportation: means the Department of Transportation created in Section 72-1-201. See Utah Code 57-12-3
- Dependent: A person dependent for support upon another.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Designated caregiver: means :
(a) an individual: (i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and (ii) who registers with the department under Section 26B-4-214; or (b) (i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or (ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). See Utah Code 26B-4-201 - Designated examiner: means :
(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or (b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of mental illness. See Utah Code 26B-5-301 - Designated facility: means :
(a) a freestanding urgent care center; (b) a general acute hospital; or (c) a critical access hospital. See Utah Code 26B-4-501 - Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
- Deteriorating disease: includes :
(a) multiple sclerosis; (b) muscular dystrophy; (c) Huntington's chorea; (d) Alzheimer's disease; (e) ataxia; or (f) cancer. See Utah Code 26B-6-401 - Developer: means a person that:
(a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or (b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2 - Development: includes :
(i) a single-site development; or (ii) a multiple-site development. See Utah Code 57-19-2 - Developmental center: means the Utah State Developmental Center, established in accordance with 5. See Utah Code 26B-6-401
- Devise: To gift property by will.
- Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
- Direct service worker: means a person who provides services to a person with a disability:
(a) when the services are rendered in: (i) the physical presence of the person with a disability; or (ii) a location where the person rendering the services has access to the physical presence of the person with a disability; and (b) (i) under a contract with the division; (ii) under a grant agreement with the division; or (iii) as an employee of the division. See Utah Code 26B-6-401 - Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
- Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
- Director: means the director of the division. See Utah Code 57-19-2
- Director: means the director of the division. See Utah Code 26B-6-101
- Director: means the director of the division or a designee. See Utah Code 57-21-2
- Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401
- Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
- Disability: means a severe, chronic disability that:
(i) is attributable to: (A) an intellectual disability; (B) a condition that qualifies a person as a person with a related condition, as defined in 42 C. See Utah Code 26B-6-401 - Disaster relief organization: means an entity that:
(a) provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners; (b) is designated or recognized as a provider of the services described in Subsection (1)(a) under a disaster response and recovery plan adopted by: (i) an agency of the federal government; (ii) the department; or (iii) a local health department; and (c) regularly plans and conducts its activities in coordination with: (i) an agency of the federal government; (ii) the department; or (iii) a local health department. See Utah Code 26B-4-801 - Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Discriminate: includes segregate or separate. See Utah Code 57-21-2
- Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
- Disorder: means the condition of decreased, absent, or impaired auditory, speech, voice, or language function. See Utah Code 58-41-2
- Dispense: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
- Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
- Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2
- Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3
- Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3
- Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
- Dispositioner: means :
(a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or (b) the next of kin of the decedent, if: (i) (A) a person has not been designated as described in Subsection (9)(a); or (B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and (ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101 - Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2
- Distribute: means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance. See Utah Code 58-37b-2
- 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 - Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2
- Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
- Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2
- Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 26B-4-501
- Division: means the Division of Integrated Healthcare created in Section 26B-1-202. See Utah Code 26B-5-101
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-23-2
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
- Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401
- Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2
- 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
- Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102
- Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
- Donor: The person who makes a gift.
- Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
- Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 26B-7-101
- Drug: means :
(A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only; (C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and (D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2 - Drug paraphernalia: includes :
(a) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived; (b) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; (c) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance; (d) except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance; (e) scales and balances used, or intended for use, in weighing or measuring a controlled substance; (f) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance; (g) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana; (h) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance; (i) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance; (j) containers and other objects used, or intended for use to store or conceal a controlled substance; (k) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and (l) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to: (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (ii) water pipes; (iii) carburetion tubes and devices; (iv) smoking and carburetion masks; (v) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (vi) miniature cocaine spoons and cocaine vials; (vii) chamber pipes; (viii) carburetor pipes; (ix) electric pipes; (x) air-driven pipes; (xi) chillums; (xii) bongs; and (xiii) ice pipes or chillers. See Utah Code 58-37a-3 - Dwelling: means :
(a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or (b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (14)(a). See Utah Code 57-21-2 - Easement: means a nonpossessory property interest that:
(a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and (b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101 - Easement holder: means :
(a) in the case of an appurtenant easement, the dominant estate owner; or (b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101 - Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
- Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201
- Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
- Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401
- Emergency: means :
(a) a state of emergency declared by: - Accommodation: means :