a division or board action or proceeding determining the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, permit, or license; or
judicial review of a division or board action or proceeding specified in Subsection (1)(a). See Utah Code 40-8-4
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
AED: means an automated or automatic computerized medical device that:
has received pre-market notification approval from the United States Food and Drug Administration, pursuant to 21 U. See Utah Code 26-8b-102
Ambulance: means a ground, air, or water vehicle that:
transports patients and is used to provide emergency medical services; and
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means a person who has filed a notice of intent to commence mining operations, or who has applied to the board for a review of a notice or order. See Utah Code 40-8-4
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 notice of intention: means a formally filed notice of intention to commence mining operations, including revisions to the notice of intention that is approved under Section 40-8-13. See Utah Code 40-8-4
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Basalt: means fine grained, dark-colored igneous rock associated with a lava flow or igneous intrusion composed primarily of plagioclase and pyroxene. See Utah Code 40-8-4
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conference: means an informal adjudicative proceeding conducted by the division or board. See Utah Code 40-8-4
Consenting owner: means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the well. See Utah Code 40-6-2
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Correlative rights: means the opportunity of each owner in a pool to produce the owner's just and equitable share of the oil and gas in the pool without waste. See Utah Code 40-6-2
County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
Dependent: A person dependent for support upon another.
Development: means the work performed in relation to a deposit following the deposit's discovery but before and in contemplation of production mining operations, aimed at, but not limited to, preparing the site for mining operations, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities. See Utah Code 40-8-4
Digital health service: means the electronic transfer, exchange, or management of related data for diagnosis, treatment, consultation, educational, public health, or other related purposes. See Utah Code 26-9f-102
Direct medical observation: means in-person observation of a patient by a physician, registered nurse, physician's assistant, or individual licensed under Section 26-8a-302. See Utah Code 26-8a-102
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 26-10-1
Emergency medical condition: means :
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:
placing the individual's health in serious jeopardy;
serious impairment to bodily functions; or
serious dysfunction of any bodily organ or part; or
a medical condition that in the opinion of a physician or his designee requires direct medical observation during transport or may require the intervention of an individual licensed under Section 26-8a-302 during transport. See Utah Code 26-8a-102
Emergency medical dispatch center: means a public safety answering point, as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by the bureau. See Utah Code 26-8b-102
Emergency medical service providers: means :
licensed ambulance providers and paramedic providers;
a facility or provider that is required to be designated under Subsection 26-8a-303(1)(a); and
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.
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
the power and duty to carry laws and ordinances into effect and secure their due observance; and
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
Executive director: means the executive director of the department appointed pursuant to Section 26-1-8. See Utah Code 26-1-2
Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
Exploration: includes :
drilling holes and digging pits or cuts;
building of roads, and other access ways; and
constructing and operating other facilities related to the activities described in this Subsection (11)(b). See Utah Code 40-8-4
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.
Felony: A crime carrying a penalty of more than a year in prison.
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.
Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Gravel: means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes. See Utah Code 40-8-4
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
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
Interested party: means :
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 Part 4, Ambulance and Paramedic Providers;
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 affected: means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including:
on-site private ways, roads, and railroads;
drill sites or workings;
refuse banks or spoil piles;
evaporation or settling ponds;
tailings ponds or dumps; and
work, parking, storage, or waste discharge areas, structures, and facilities. See Utah Code 40-8-4
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
the power and duty to enact ordinances, levy taxes, and establish budgets; and
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Maternal and child health services: means :
the provision of educational, preventative, diagnostic, and treatment services, including medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating services directed toward reducing infant mortality and improving the health of mothers and children provided, however, that nothing in this Subsection (2) shall be construed to allow any agency of the state to interfere with the rights of the parent of an unmarried minor in decisions about the providing of health information or services;
the development, strengthening, and improvement of standards and techniques relating to the services and care;
the training of personnel engaged in the provision, development, strengthening, or improvement of the services and care; and
mineral deposit: means an accumulation of mineral matter in the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface, beneath the surface, or in the waters of the land from which any product useful to man may be produced, extracted, or obtained or which is extracted by underground mining methods for underground storage. See Utah Code 40-8-4
Mining operation: means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing. See Utah Code 40-8-4
Nonconsenting owner: means an owner who does not, after written notice and in the manner and within the time frame established by the board in rule, consent to the drilling and operation of a well or agree to bear the owner's proportionate share of the costs. See Utah Code 40-6-2
Nonemergency secured behavioral health transport: means an entity that:
provides nonemergency secure transportation services for an individual who:
is not required to be transported by an ambulance under Section 26-8a-305; and
requires behavioral health observation during transport between any of the following facilities:
a licensed acute care hospital;
an emergency patient receiving facility;
a licensed mental health facility; and
the office of a licensed health care provider; and
notice of intention, as defined in this chapter; or
written information given to an operator by the division describing compliance conditions at a mining operation. See Utah Code 40-8-4
Notice of intention: means a notice to commence mining operations, including revisions to the notice. See Utah Code 40-8-4
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.
Off-site: means the land areas that are outside of or beyond the on-site land. See Utah Code 40-8-4
Oil: means crude oil, as defined in Subsection (5), condensate, as defined in Subsection (3), or any mixture of them. See Utah Code 40-6-2
Oil and gas operations: means to explore for, develop, or produce oil and gas. See Utah Code 40-6-2
Oil and gas proceeds: includes a royalty interest, overriding royalty interest, production payment interest, or working interest. See Utah Code 40-6-2
On-site: means the surface lands on or under which surface or underground mining operations are conducted. See Utah Code 40-8-4
Operator: means a person who has been designated by the owners or the board to operate a well or unit. See Utah Code 40-6-2
Operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. See Utah Code 40-8-4
Order: means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. See Utah Code 40-8-4
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a person who has the right:
to drill into and produce from a reservoir; and
to appropriate the oil and gas produced for that person or for that person and others. See Utah Code 40-6-2
Owner: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mineral deposit or the surface of lands employed in mining operations. See Utah Code 40-8-4
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.
Patient: means an individual who, as the result of illness or injury, meets any of the criteria in Section 26-8a-305. See Utah Code 26-8a-102
Payor: means the person who undertakes to distribute oil and gas proceeds to the persons entitled to them, whether as the first purchaser of that production, as operator of the well from which the production was obtained, or as lessee under the lease on which royalty is due. See Utah Code 40-6-2
Permit: means a permit or notice to conduct mining operations issued by the division. See Utah Code 40-8-4
Permit area: means the area of land indicated on the approved map submitted by the operator with the application or notice to conduct mining operations. See Utah Code 40-8-4
Permittee: means a person holding, or who is required by Utah law to hold, a valid permit or notice to conduct mining operations. See Utah Code 40-8-4
Pool: means an underground reservoir containing a common accumulation of oil or gas or both. See Utah Code 40-6-2
Pooling: means the bringing together of separately owned interests for the common development and operation of a drilling unit. See Utah Code 40-6-2
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.
Reclamation: means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. See Utah Code 40-8-4
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.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Rock aggregate: means those consolidated rock materials associated with a sand deposit, a gravel deposit, or a sand and gravel deposit that were created by alluvial sedimentary processes. See Utah Code 40-8-4
Sand: means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between . See Utah Code 40-8-4
Service of process: The service of writs or summonses to the appropriate party.
Small mining operations: means mining operations that disturb or will disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or less surface acres at any given time in an incorporated area of a county. See Utah Code 40-8-4
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Sudden cardiac arrest: means a life-threatening condition that results when a person's heart stops or fails to produce a pulse. See Utah Code 26-8b-102
Surface land: means privately owned land:
overlying privately owned oil and gas resources;
upon which oil and gas operations are conducted; and
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testator: A male person who leaves a will at death.
Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
Waste: means :
the inefficient, excessive, or improper use or the unnecessary dissipation of oil or gas or reservoir energy;
the inefficient storing of oil or gas;
the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes:
a reduction in the quantity of oil or gas ultimately recoverable from a reservoir under prudent and economical operations;
unnecessary wells to be drilled; or
the loss or destruction of oil or gas either at the surface or subsurface; or
the production of oil or gas in excess of:
transportation or storage facilities; or
the amount reasonably required to be produced as a result of the proper drilling, completing, testing, or operating of a well or otherwise utilized on the lease from which it is produced. See Utah Code 40-6-2