Utah Code > Title 17B > Chapter 1 – Provisions Applicable to All Special Districts
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Terms Used In Utah Code > Title 17B > Chapter 1 - Provisions Applicable to All Special Districts
- Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
- Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. See Utah Code 35A-16-401
- Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75-11-102
- Account: means an account in a qualified ABLE program. See Utah Code 35A-12-102
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrative order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult: means an individual who is:
(a) at least 18 years old; or (b) an emancipated minor. See Utah Code 75-2a-103 - Adverse action: means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges. See Utah Code 34-48-102
- Adverse action: means :
(i) an action that results in: (A) the refusal to hire a potential employee; or (B) the termination of employment, demotion, or reduction of wages of an employee; or (ii) a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee. See Utah Code 34-56-101 - Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Advisory board executive committee: means the executive committee of the Agricultural Advisory Board created by Section 4-2-108. See Utah Code 73-20-2
- Affected county: means a county of the first, second, third, or fourth class in which a code blue event is anticipated. See Utah Code 35A-16-701
- 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 34A-5-102
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Affordable housing: means housing occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households. See Utah Code 35A-8-501
- Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
- Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102
- Aggregate daily expenditures: means :
(a) for a single lobbyist, principal, or government officer, the total of all expenditures made within a calendar day by the lobbyist, principal, or government officer for the benefit of an individual public official; (b) for an expenditure made by a member of a lobbyist group, the total of all expenditures made within a calendar day by every member of the lobbyist group for the benefit of an individual public official; or (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient lobbyist within a calendar day for the benefit of an individual public official, regardless of whether the expenditures were attributed to different clients. See Utah Code 36-11-102 - Agreement: means a short-term agreement or a long-term agreement. See Utah Code 73-10d-3
- Allegation: something that someone says happened.
- Allocated volume cap: means a volume cap for which:
(a) a certificate of allocation is in effect; or (b) bonds have been issued. See Utah Code 35A-8-2102 - Allotment accounts: means the various accounts created in Section 35A-8-2106. See Utah Code 35A-8-2102
- Anchored: means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline. See Utah Code 73-18-2
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Applicable area: means :
(a) for a county, the unincorporated area of the county that is included within the proposed special district; or (b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201 - Applicable area: means :
(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or (b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401 - Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
- Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501
- Applicant: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
- Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
- Applicant: means an individual who provides information to a public employer or private employer for the purpose of obtaining employment. See Utah Code 34-52-102
- Appraisal: A determination of property value.
- Apprentice: means an individual who has entered into:
(a) a written agreement approved by the Office of Apprenticeship with an employer or the employer's agent, an association of employers, an organization of employees, or a joint committee representing employers and employees; (b) an apprenticeship that meets Office of Apprenticeship standards; or (c) an apprenticeship that can be completed at no charge to the participant where the participant learns and works with registered standards to learn a set of skills that result in the participant qualifying for a state license or certification or earning industry recognized credentials at the completion of the apprenticeship. See Utah Code 35A-6-102 - Apprenticeship: means an industry-driven, high-quality career pathway where employers can develop and prepare their future workforce, and individuals can obtain paid work experience, classroom instruction, and a portable, nationally recognized credential. See Utah Code 35A-6-102
- Apprenticeship: means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102. See Utah Code 34A-5-102
- Appropriation: means an allocation of money by the board of trustees for a specific purpose. See Utah Code 17B-1-601
- 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 activity: means an event, a tour, or a meeting:
(b) (i) to which a public official who holds a position in the executive branch of state government is invited; and (ii) attendance at which is approved by the governor or the lieutenant governor. See Utah Code 36-11-102 - Approved self-reliance training: means an educational class, training session, or counseling session:
(a) approved by the department; (b) described in Section 35A-3-118; and (c) provided at no cost to a client. See Utah Code 35A-3-102 - APRN: means an individual who is:
(a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e); (b) an independent practitioner; (c) acting under a consultation and referral plan with a physician; and (d) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103 - Area of operation: means :
(a) in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or (b) in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city. See Utah Code 35A-8-401 - Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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.
- Assignment of support: means the transfer to the state of a recipient's right to receive support from another person that accrues during the period the recipient receives public assistance, including a right to receive support on behalf of any family member for whom the recipient is applying for or receiving assistance. See Utah Code 35A-3-102
- Assistant director: means the assistant director who administers the program called the Division of Services for the Deaf and Hard of Hearing created in Section 35A-13-502. See Utah Code 35A-13-602
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Audit reports: means the reports of any independent audit of the district performed by:
(a) an independent auditor as required by Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; (b) the state auditor; or (c) the legislative auditor. See Utah Code 17B-1-701 - authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401
- Authorized provider: means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with 5. See Utah Code 35A-16-401
- Average monthly number of families: means the average number of families who received cash assistance on a monthly basis during the previous federal fiscal year. See Utah Code 35A-3-102
- Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
- Award: means a final order of the commission as to the amount of compensation due:
(i) an injured employee; or (ii) a dependent of a deceased employee. See Utah Code 34A-2-102 - Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- base period: means the first four of the last five completed calendar quarters next preceding the first day of the individual's benefit year with respect to any individual whose benefit year commences on or after January 5, 1986. See Utah Code 35A-4-201
- Basic livestock: means a herd of cattle, sheep, or swine kept and maintained primarily for breeding purposes. See Utah Code 73-20-2
- Beached: means that a vessel's hull is resting on the bed or shoreline of a waterbody. See Utah Code 73-18-2
- Beneficiary: means the individual designated:
(a) in a 529 savings account agreement between a person, an estate, or a trust and the plan; and (b) to benefit from the amount saved in a 529 savings account. See Utah Code 35A-9-601 - Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Benefit cost rate: means benefit costs of all individuals paid in a calendar year, as defined in Subsection (2), including the state's share of extended benefit costs, divided by the total wages paid by all employers subject to contributions in the same calendar year, calculated to four decimal places, disregarding the remaining fraction, if any. See Utah Code 35A-4-301
- Benefit costs: means the net money payments made to individuals who were employed by employers subject to contributions, excluding extended benefit costs, as provided in this chapter with respect to unemployment. See Utah Code 35A-4-301
- Benefit year: means the 52 consecutive week period beginning with the first week with respect to which an individual files for benefits and is found to have an insured status. See Utah Code 35A-4-201
- Benefits: means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment. See Utah Code 35A-4-201
- Bequest: Property gifted by will.
- Best interest: means that the benefits to the person resulting from a treatment outweigh the burdens to the person resulting from the treatment, taking into account:
(a) the effect of the treatment on the physical, emotional, and cognitive functions of the person; (b) the degree of physical pain or discomfort caused to the person by the treatment or the withholding or withdrawal of treatment; (c) the degree to which the person's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the person by subjecting the person to humiliation and dependency; (d) the effect of the treatment on the life expectancy of the person; (e) the prognosis of the person for recovery with and without the treatment; (f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and (g) the religious beliefs and basic values of the person receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103 - Blighted area: means an area where dwellings predominate that, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities or any combination of these factors, are detrimental to safety, health, and morals. See Utah Code 35A-8-401
- Blind: means an individual:
(a) whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or (b) whose visual acuity is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees. See Utah Code 35A-13-102 - board: means the Interpreter Certification Board created in Section 35A-13-603. See Utah Code 35A-13-602
- Board: means the special district board of trustees. See Utah Code 17B-1-701
- Board: means the School Readiness Board, created in Section 35A-15-201. See Utah Code 35A-15-102
- Board: means the Board of Water Resources created in Section 73-10-1. See Utah Code 73-10c-2
- Board: means the Housing Board created by this part. See Utah Code 35A-8-501
- Board: means the Uintah Basin Revitalization Fund Board. See Utah Code 35A-8-1601
- Board: means the Navajo Revitalization Fund Board. See Utah Code 35A-8-1702
- Board: means the Board of Water Resources created by Section 73-10-1. See Utah Code 73-20-2
- Board of education: means :
(a) a local school board described in Title 53G, Chapter 4, School Districts; (b) the State Board of Education; (c) the State Charter School Board created under Section 53G-5-201; or (d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 36-11-102 - Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102
- Boat livery: means a person that holds a vessel for renting or leasing. See Utah Code 73-18-2
- Bona fide occupational qualification: means a characteristic applying to an employee that:
(i) is necessary to the operation; or (ii) is the essence of the employee's employer's business. See Utah Code 34A-5-102 - Bond: means :
(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and (b) a lease agreement, installment purchase agreement, or other agreement that: (i) includes an obligation by the district to pay money; and (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102 - Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102
- Bonds: means obligations issued by a municipality or a county under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and the provisions of this chapter. See Utah Code 73-10d-3
- Bonds: means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part. See Utah Code 35A-8-401
- Bonus payments: means that portion of the bonus payments received by the United States government under the Leasing Act paid to the state under Section 35 of the Leasing Act, 30 U. See Utah Code 35A-8-302
- Breach of trust: includes a violation by a trust director or trustee of a duty imposed on the director or trustee by the terms of the trust, this chapter, or the law of this state other than this chapter pertaining to trusts. See Utah Code 75-12-102
- Broadcasting company: means a person engaged in the business of:
(a) distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following: (i) television; (ii) cable; or (iii) radio; or (b) preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a). See Utah Code 34-51-102 - Broadcasting employee: means an employee of a broadcasting company. See Utah Code 34-51-102
- Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
- Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
- Budget: means a plan of financial operations for a fiscal year that includes:
(a) estimates of proposed expenditures for given purposes and the proposed means of financing them; (b) the source and amount of estimated revenue for the district for the fiscal year; (c) fund balance in each fund at the beginning of the fiscal year and the projected fund balance for each fund at the end of the fiscal year; and (d) capital projects or budgets for proposed construction or improvement to capital facilities within the district. See Utah Code 17B-1-701 - Budget officer: means the person appointed by the special district board of trustees to prepare the budget for the district. See Utah Code 17B-1-601
- Budget year: means the fiscal year for which a budget is prepared. See Utah Code 17B-1-601
- Building service: means any of the following services, if the charge for the service is $3,000 or less:
(a) cleaning or janitorial; (b) furniture delivery, assembly, moving, or installation; (c) landscaping; (d) home repair; or (e) any service similar to the services described in Subsections (1)(a) through (d). See Utah Code 34-53-102 - Building service contractor: means a person who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking a building service. See Utah Code 34-53-102
- Business entity: means :
(a) a sole proprietorship; (b) a corporation; (c) a partnership; (d) a limited liability company; or (e) an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002 - Calendar quarter: means the period of three consecutive months ending on March 31, June 30, September 30, or December 31, or the equivalent, as the department may by rule prescribe. See Utah Code 35A-4-201
- Calendar year entity: means a special district whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 17B-1-602. See Utah Code 17B-1-601
- Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501
- Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit. See Utah Code 35A-16-701
- Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular person as agent. See Utah Code 75-2a-103
- Capital project: means an expenditure for land, improvements on the land, or equipment intended to have long-term beneficial use. See Utah Code 35A-8-1702
- Capital projects: means expenditures for land, improvements on the land, and equipment intended to have long-term beneficial use. See Utah Code 35A-8-1601
- Capitol hill complex: means the same as that term is defined in Section 63C-9-102. See Utah Code 36-11-102
- Carries: means engages in the transmission of an electronic communication. See Utah Code 75-11-102
- Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2
- Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
- Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75-11-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Cemetery maintenance district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District Act, including an entity that was created and operated as a cemetery maintenance district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Certified interpreter: means an individual who is certified as meeting the certification requirements of this part. See Utah Code 35A-13-602
- Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102
- Chambers: A judge's office.
- 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.
- Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-501
- Child: includes :
(i) a posthumous child; or (ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102 - Child care: means the child care services defined in Section 35A-3-102 for:
(a) children age 12 or younger; and (b) children with disabilities age 18 or younger. See Utah Code 35A-3-201 - Child care provider association: means an association:
(a) that has functioned as a child care provider association in the state for at least three years; and (b) is affiliated with a national child care provider association. See Utah Code 35A-3-201 - Child care services: means care of a child by a responsible person who is not the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-3-102
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- City: means a city or town in the state. See Utah Code 35A-8-401
- Civic organization: includes a community service club or organization, a charitable health care or service organization, a fraternal organization, a labor union, a minority or ethnic organization, a commercial or industrial organization, a commerce or business club, a private nonprofit organization, a private nonprofit corporation that provides funding to a community service organization, an organization that advocates or provides for the needs of persons with low incomes, a religious organization, and an organization that fosters strong neighborhoods and communities. See Utah Code 35A-3-102
- Clerk: means the city or county clerk, or the officer charged with the duties customarily imposed on the clerk. See Utah Code 35A-8-401
- Client: means an individual who the department has determined to be eligible for services or benefits under:
(a) Chapter 3, Employment Support Act; and (b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102 - Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102
- Code blue alert: means a proclamation issued by the Department of Health and Human Services under Section 35A-16-702 to alert the public of a code blue event. See Utah Code 35A-16-701
- Code blue event: means a weather event in which the National Weather Service predicts temperatures of 15 degrees Fahrenheit or less, including wind chill, or any other extreme weather conditions established in rules made by the Department of Health and Human Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or fourth class for two hours or longer within the next 24 to 48 hours. See Utah Code 35A-16-701
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Collaborative applicant: means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development. See Utah Code 35A-16-102
- Commencement of prosecution: means the filing of an information or an indictment. See Utah Code 77-2-2
- Commercial farm: means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock. See Utah Code 73-20-2
- Commission: means the Commission on Housing Affordability created in Section 35A-8-2202. See Utah Code 35A-8-2201
- Commission: means the State Tax Commission. See Utah Code 35A-9-601
- Commission: means the Labor Commission. See Utah Code 34A-6-103
- Commission: means the Labor Commission. See Utah Code 34-47-102
- Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2
- Commission: means the Outdoor Adventure Commission. See Utah Code 73-18a-1
- Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
- Commissioner: means the Commissioner of Apprenticeship Programs described in Section 35A-6-105. See Utah Code 35A-6-102
- Commissioner: means the commissioner of the Labor Commission. See Utah Code 34-47-102
- Committee: means the Child Care Advisory Committee created in Section 35A-3-205. See Utah Code 35A-3-201
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Common 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.
- Community action agency: means a local subdivision of the state, a combination of political subdivisions, a separate public agency, or a private nonprofit agency, which:
(a) has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the state; and (b) is designated as a community action agency by federal law, federal regulations, or the governor. See Utah Code 35A-8-1002 - Community action statewide organization: means community action programs, organized on a statewide basis, to enhance the capability of community action agencies. See Utah Code 35A-8-1002
- Community location: means the same as that term is defined in Section 10-8-41. See Utah Code 35A-16-501
- Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
- Community Services Block Grant: means the Federal Community Services Block Grant Act, 42 U. See Utah Code 35A-8-1002
- Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
- Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 76-6a-101
- Compensation: includes :
(i) a salary or commission; (ii) a bonus; (iii) a benefit; (iv) a contribution to a retirement program or account; (v) a payment includable in gross income, as defined in Section 62, Internal Revenue Code, and subject to social security deductions, including a payment in excess of the maximum amount subject to deduction under social security law; (vi) an amount that the individual authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; or (vii) income based on an individual's ownership interest. See Utah Code 36-11-102 - Compensation: means payment owed by an employer for labor or services performed by an employee. See Utah Code 35A-7-102
- Compensation payor: means a person who pays compensation to a public official in the ordinary course of business:
(a) because of the public official's ownership interest in the compensation payor; or (b) for services rendered by the public official on behalf of the compensation payor. See Utah Code 36-11-102 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computation date: means July 1 of any year, beginning July 1, 1984. See Utah Code 35A-4-301
- Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501
- Conservator: includes a limited conservator. See Utah Code 75-11-102
- Consideration: means something of value given or done in exchange for something given or done by another. See Utah Code 73-18-2
- Constituent entity: means any county, city, or town that levies property taxes within the boundaries of the district. See Utah Code 17B-1-701
- Content of an electronic communication: means information concerning the substance or meaning of the communication that:
(a) has been sent or received by a user; (b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (c) is not readily accessible to the public. See Utah Code 75-11-102 - Continuum of care: means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
- Contract: A legal written agreement that becomes binding when signed.
- Contribution: means the money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ. See Utah Code 35A-4-201
- Contribution year: means any calendar year beginning on January 1 and ending on December 31. See Utah Code 35A-4-301
- Conviction: A judgement of guilt against a criminal defendant.
- Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102
- 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.
- Cost: means , with respect to any privatization project or facility related thereto, without limitation:
(a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way; (b) any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility; (c) all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project; (d) all costs incident to the authorization and issuance of bonds, including accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and other professional services and printing costs; (e) all costs incident to the establishment and funding of appropriate reserve funds; and (f) interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction. See Utah Code 73-10d-3 - Council: means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. See Utah Code 73-10c-2
- Council: means the Worker Classification Coordinated Enforcement Council created in Section 34-47-201. See Utah Code 34-47-102
- Council of governments: means the same as that term is defined in Section 72-2-117. See Utah Code 35A-16-501
- County: means a county in the state. See Utah Code 35A-8-401
- County: means :
(a) Duchesne County; or (b) Uintah County. See Utah Code 35A-8-1601 - County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Court: means the district court. See Utah Code 75-11-102
- Court: means :
(i) the district court in the judicial district of the state in which the asserted unfair employment practice occurs; or (ii) if the district court is not in session at that time, a judge of the court described in Subsection (1)(d)(i). See Utah Code 34A-5-102 - Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Credit enhancement agreement: means an agreement entered into according to this chapter between the Drinking Water Board or the Water Quality Board, on behalf of the state, and a political subdivision, for the purpose of providing methods and assistance to political subdivisions to improve the security for and marketability of drinking water project obligations and wastewater project obligations. See Utah Code 73-10c-2
- Criminal conduct: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
- Criminal conviction: means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 34-52-102
- Current year: means the fiscal year in which a budget is prepared and adopted, which is the fiscal year next preceding the budget year. See Utah Code 17B-1-601
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
- Customer agencies: means those governmental entities, except school districts, institutions of higher education, and federal government agencies that purchase or obtain services from the special district. See Utah Code 17B-1-701
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Date of enrollment: means the date on which the applicant was approved as eligible for cash assistance. See Utah Code 35A-3-102
- Date of hire: means the date a person who is homeless first performs labor or services for compensation for an employer. See Utah Code 35A-5-302
- Date of hire: means the date labor or services for compensation are first performed by the employee. See Utah Code 35A-7-102
- Date of rehire: means the date labor or services for compensation are first performed by an employee who was previously employed by the employer but has been separated from that employment for at least 60 consecutive days. See Utah Code 35A-7-102
- Deaf: means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102
- Dealer: means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale. See Utah Code 73-18-2
- Decedent: A deceased person.
- Decision: includes :
(A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102 - Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Default surrogate: means the adult who may make decisions for an individual when either:
(a) an agent or guardian has not been appointed; or (b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103 - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deficit: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Department: means the Department of Veterans and Military Affairs, created in Section 71A-1-201. See Utah Code 34-50-102
- Dependent: A person dependent for support upon another.
- Deposit: means the payment of money from a source other than a match. See Utah Code 35A-9-601
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75-11-102
- Devise: To gift property by will.
- Digital application: means an Internet-connected software application that a person uses to obtain or provide a remote service. See Utah Code 34-53a-102
- Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102
- Directed trust: means a trust for which the terms of the trust grant a power of direction. See Utah Code 75-12-102
- Directed trustee: means a trustee that is subject to a trust director's power of direction. See Utah Code 75-12-102
- Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
- Director: means the director of the division assigned by the department to administer a program. See Utah Code 35A-3-102
- Director: means the director of the division. See Utah Code 35A-8-101
- Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102
- Director: means the director of the Office of Child Care. See Utah Code 35A-3-201
- Director: means the director of the division. See Utah Code 34A-5-102
- Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
- Disability: means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning. See Utah Code 35A-13-102
- Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, 42 U. See Utah Code 34A-5-102
- Discharge document: means a document received by a service member upon separation from military service, including:
(a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty; (b) a DD 256, United States Department of Defense Honorable Discharge Certificate; (c) a DD 257, United States General Discharge Certificate; or (d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 34-50-102 - Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Diversion: means suspending criminal proceedings before conviction on the condition that a defendant agree to:
(a) participate in a rehabilitation program; (b) pay restitution to a victim; or (c) fulfill some other condition. See Utah Code 77-2-2 - diversion payment: means a one-time cash assistance payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require extended cash assistance under 3. See Utah Code 35A-3-102
- Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
- Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103
- Division: means the Unemployment Insurance Division. See Utah Code 35A-4-201
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
- Division: means the Division of Boiler and Elevator Safety within the commission. See Utah Code 34A-7-202
- 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 - Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
- Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102
- Division: means the Division of Water Resources. See Utah Code 73-10f-1
- Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-54-102
- Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-1601
- Division: means the Division of Outdoor Recreation. See Utah Code 73-18a-1
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-1702
- Division: means the Division of Water Rights, Department of Natural Resources. See Utah Code 73-22-3
- Docket: A log containing brief entries of court proceedings.
- Donor: The person who makes a gift.
- Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Drinking Water Board: means the Drinking Water Board appointed according to Section 19-4-103. See Utah Code 73-10c-2
- Drinking water or wastewater project obligation: means , as appropriate, any bond, note, or other obligation of a political subdivision issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading, or improving a drinking water project or wastewater project. See Utah Code 73-10c-2
- Drinking water project: includes :
(i) collection, treatment, storage, and distribution facilities under the control of the operator and used primarily with the system; (ii) collection pretreatment or storage facilities used primarily in connection with the system but not under operator's control; and (iii) studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks. See Utah Code 73-10c-2 - Economic service area: means an economic service area established in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102
- Economically disadvantaged: means to be eligible to receive free or reduced price lunch. See Utah Code 35A-15-102
- Education action: means :
(a) a resolution, policy, or other official action for consideration by a board of education; (b) a nomination or appointment by an education official or a board of education; (c) a vote on an administrative action taken by a vote of a board of education; (d) an adjudicative proceeding over which an education official has direct or indirect control; (e) a purchasing or contracting decision; (f) drafting or making a policy, resolution, or rule; (g) determining a rate or fee; or (h) making an adjudicative decision. See Utah Code 36-11-102 - Education official: means :
(a) a member of a board of education; (b) an individual appointed to or employed in a position under a board of education, if that individual: (i) occupies a policymaking position or makes purchasing or contracting decisions; (ii) drafts resolutions or policies or drafts or makes rules; (iii) determines rates or fees; (iv) makes decisions relating to an education budget or the expenditure of public money; or (v) makes adjudicative decisions; or (c) an immediate family member of an individual described in Subsection (8)(a) or (b). See Utah Code 36-11-102 - Education or training: means education or training in accordance with 29 U. See Utah Code 35A-3-102
- Elderly: means a person who meets the age, disability, or other conditions established by regulation of the authority. See Utah Code 35A-8-401
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
- Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75-11-102
- Elevator: means a hoisting and lowering mechanism:
(i) equipped with a car or platform; and (ii) that moves in guides in a substantially vertical direction. See Utah Code 34A-7-202 - Eligible entity: means :
(a) the Navajo Nation; (b) a department or division of the Navajo Nation; (c) a Utah Navajo Chapter; (d) the Navajo Utah Commission; (e) an agency of the state or a political subdivision of the state; or (f) a nonprofit corporation. See Utah Code 35A-8-1702 - Eligible function: means :
(a) a power conferred on a special district under this title; (b) a tax or assessment levied by a special district; (c) an act or proceeding that a special district: (i) has taken; or (ii) contemplates taking; or (d) a district contract, whether already executed or to be executed in the future, including a contract for the acquisition, construction, maintenance, or operation of works for the district. See Utah Code 17B-1-1201 - Eligible home-based educational technology provider: means a provider that offers a home-based educational technology program to develop the school readiness skills of an eligible student. See Utah Code 35A-15-102
- Eligible municipality: means :
(a) a first-tier eligible municipality; (b) a second-tier eligible municipality; or (c) a third-tier eligible municipality. See Utah Code 35A-16-401 - Eligible private provider: means a child care program that:
(i) is licensed under 4; or (ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section 26B-2-405. See Utah Code 35A-15-102 - Eligible services: means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-16-401
- Eligible shelter: means :
(a) for a first-tier eligible municipality, a homeless shelter that: (i) has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office; (ii) operates year-round; and (iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation; (b) for a second-tier municipality, a homeless shelter that: (i) has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office; (ii) operates year-round; and (iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation; and (c) for a third-tier eligible municipality, a homeless shelter that: (i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and (B) operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or (ii) (A) meets the definition of a homeless shelter under Section 35A-16-501; and (B) increases capacity during a winter response period, as defined in Section 35A-16-501, in accordance with Subsection 35A-16-502(6)(a). See Utah Code 35A-16-401 - Eligible student: means a student:
(a) (i) who is age three, four, or five; and (ii) is not eligible for enrollment under Subsection 53G-4-402(8); and (b) (i) (A) who is economically disadvantaged; and (B) whose parent or legal guardian reports that the student has experienced at least one risk factor; (ii) is an English learner; or (iii) is in foster care. See Utah Code 35A-15-102 - Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Emergency medical services provider: means a person that is licensed, designated, or certified under 1. See Utah Code 75-2a-103
- Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103
- Employee: means a person applying with or employed by an employer. See Utah Code 34A-5-102
- Employee: means an individual suffered or permitted to work by an employer. See Utah Code 34-56-101
- Employee: means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986. See Utah Code 35A-7-102
- Employer: means :
(i) the state; (ii) a county, city, town, and school district in the state; and (iii) a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103 - employer: means :
(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer; (b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or (c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203 - Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
- Employer: means a person, including the state or a political subdivision of the state, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-48-102
- Employer: means :
(A) the state; (B) a political subdivision; (C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or (D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34A-5-102 - Employer: means , except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals. See Utah Code 34-54-102
- Employer: includes any governmental entity and any labor organization. See Utah Code 35A-7-102
- employer: includes a federal contractor. See Utah Code 34-56-101
- Employing unit: means :
(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any: (A) partnership; (B) association; (C) trust; (D) estate; (E) joint stock company; (F) insurance company; (G) limited liability company; (H) limited liability partnership; (I) joint venture; (J) corporation, whether domestic or foreign; (K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J); (L) the legal representative of a deceased person; or (M) a tribal unit; or (ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202 - Employment agency: means a person:
(i) undertaking to procure employees or opportunities to work for any other person; or (ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 34A-5-102 - Employment assistance: means services or benefits provided by the department under:
(a) Chapter 3, Employment Support Act; and (b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102 - Employment certification form: means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program. See Utah Code 34-54-102
- Employment counselor: means an individual responsible for developing an employment plan and coordinating the services and benefits under this title in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102
- Employment office: means a free public employment office or branch operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. See Utah Code 35A-4-201
- Employment plan: means a written agreement between the department and a client that describes:
(a) the relationship between the department and the client; (b) the obligations of the department and the client; and (c) the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102 - Employment selection process: means the process by which an employer selects an individual to be an employee for the employer. See Utah Code 34-46-102
- 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.
- 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
- Escalator: means a stairway, moving walkway, or runway that is:
(i) power-driven; (ii) continuous; and (iii) used to transport one or more individuals. See Utah Code 34A-7-202 - Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 17B-1-601
- Evaluation: means an evaluation conducted in accordance with Section 35A-15-303. See Utah Code 35A-15-102
- Event: means entertainment, a performance, a contest, or a recreational activity that an individual participates in or is a spectator at, including a sporting event, an artistic event, a play, a movie, dancing, or singing. See Utah Code 36-11-102
- 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 action: means :