Terms Used In Utah Code > Title 17 > Chapter 53 - County Executive, Legislative Body, and Other Officers

• Adjudicative proceeding: means :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.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
• Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
• Cash wage obligation: means an hourly wage that an employer pays a tipped employee regardless of the tips or gratuities a tipped employee receives. See Utah Code 34-40-102
• Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 34-43-102
• Commission: means the Labor Commission. See Utah Code 34-40-102
• Commission: means :

  (a)	compensation: (i)  that accrues to a sales representative; (ii)  for payment by a principal; and (iii)  at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or

  (b)

  any other method of compensation agreed to between a sales representative and a principal including: (i)  fees for services; and (ii)  a retainer. See Utah Code 34-44-102 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. 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. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dependent: A person dependent for support upon another. Direct sales company: means a person that: (i)  sells, distributes, or supplies for consideration a good or service through participants: (A)  at different levels of distribution; or (B)  in accordance with a formula for compensating participants in whole or in part based on: (I)  the sale of a good or service; and (II)  the recruitment of or the performance or action of another participant; and (ii)  (A)  permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or (B)  provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of: (I)  the sale of a good or service; or (II)  the recruitment of or the performance or action of another participant. See Utah Code 34-44-102 Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 34-43-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-40-102 Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in: (a)  4; and (b)  Chapter 5, State Fire Code Act. See Utah Code 15A-1-102 Donor: The person who makes a gift. Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101 Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101 employer: as used in this chapter includes all persons, firms, associations, corporations, the state, its counties, cities, school districts and other political subdivisions. See Utah Code 34-34-3 Employment invention: means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is: (a)  conceived, developed, reduced to practice, or created by the employee: (i)  within the scope of his employment; (ii)  on his employer's time; or (iii)  with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property; (b)  the result of any work, services, or duties performed by an employee for his employer; (c)  related to the industry or trade of the employer; or (d)  related to the current or demonstrably anticipated business, research, or development of the employer. See Utah Code 34-39-2 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. Ex officio: Literally, by virtue of one's office. 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: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  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 Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34-40-102 Franchise: means the same as that term is defined in 16 C. See Utah Code 34-40-102 Franchisee: means the same as that term is defined in 16 C. See Utah Code 34-40-102 Franchisor: means the same as that term is defined in 16 C. See Utah Code 34-40-102 Fraud: Intentional deception resulting in injury to another. Highway: includes :Utah Code 68-3-12.5 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intellectual property: means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them. See Utah Code 34-39-2 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. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  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 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101 Minimum wage: means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise. See Utah Code 34-40-102 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. participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102 Periodic testing: means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule. See Utah Code 34-41-101 Person: means :Utah Code 68-3-12.5 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Principal: means a person who: (a)  engages in any of the following activities with regard to a product or service: (i)  manufactures; (ii)  produces; (iii)  imports; (iv)  sells; or (v)  distributes; (b)  establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and (c)  agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102 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. Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101 Quorum: The number of legislators that must be present to do business. 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. Road: includes :Utah Code 68-3-12.5 sales representative: means a person who enters into a business relationship with a principal: (i)  to solicit orders for a product or a service described in Subsection (4)(a); and (ii)  under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102 Sample: means urine, blood, breath, saliva, or hair. See Utah Code 34-41-101 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. State agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government. See Utah Code 34-43-102 State institution of higher education: means the institution as defined in Section 53B-3-102. See Utah Code 34-41-101 Statute: A law passed by a legislature. termination: means the end of a business relationship between a sales representative and a principal, whether by: (a)  agreement; (b)  expiration of a time period; or (c)  exercise of a right of termination by either the principal or the sales representative. See Utah Code 34-44-102 Tipped employee: means an employee who customarily and regularly receives tips or gratuities. See Utah Code 34-40-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See 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. Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101 Writing: includes :Utah Code 68-3-12.5