Terms Used In Utah Code > Title 17B > Chapter 1 > Part 5 - Withdrawal

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
• Allegation: something that someone says happened.
• 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.
• 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
• 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.
• 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.
• 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 Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2 Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the Labor Commission. See Utah Code 34A-6-103 Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2 Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102 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. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. 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. 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 Director: means the director of the division. See Utah Code 34A-5-102 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 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103 Division: means the Division of Boiler and Elevator Safety within the commission. See Utah Code 34A-7-202 Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102 Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2 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 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 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)  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 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 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. 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. facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102 Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-6-103 Franchise: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Franchisee: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Franchisor: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Fraud: Intentional deception resulting in injury to another. Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 34A-5-102 Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103 Imminent danger: means a danger exists which reasonably could be expected to cause an occupational disease, death, or serious physical harm immediately, or before the danger could be eliminated through enforcement procedures under this chapter. See Utah Code 34A-6-103 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Joint apprenticeship committee: means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. See Utah Code 34A-5-102 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. Labor organization: means an organization that exists for the purpose in whole or in part of: (i)  collective bargaining; (ii)  dealing with employers concerning grievances, terms or conditions of employment; or (iii)  other mutual aid or protection in connection with employment. See Utah Code 34A-5-102 Land: includes :Utah Code 68-3-12.5 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. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2 Municipal: means of or relating to a municipality. See Utah Code 17B-1-102 Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 17B-1-102 National consensus standard: means any occupational safety and health standard or modification: (i)  adopted by a nationally recognized standards-producing organization under procedures where it can be determined by the administrator and division that persons interested and affected by the standard have reached substantial agreement on its adoption; (ii)  formulated in a manner which affords an opportunity for diverse views to be considered; and (iii)  designated as such a standard by the secretary of the United States Department of Labor. See Utah Code 34A-6-103 National origin: means the place of birth, domicile, or residence of an individual or of an individual's ancestors. See Utah Code 34A-5-102 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. On-the-job-training: means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction: (i)  is also employed at that job; or (ii)  may be employed by the employer conducting the program during the course of the program, or when the program is completed. See Utah Code 34A-5-102 Operate: means to navigate, control, or otherwise use a vessel. See Utah Code 73-18-2 Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2 Oversight: Committee review of the activities of a Federal agency or program. Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2 Owner or operator: means a person who owns, controls, or has the duty to control the operation of an elevator or escalator. See Utah Code 34A-7-202 Person: means the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions. See Utah Code 34A-6-103 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102 Person: means : (i)  one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers; (ii)  the state; and (iii)  a political subdivision of the state. See Utah Code 34A-5-102 Personal watercraft: means a motorboat that is: (a)  less than 16 feet in length; (b)  propelled by a water jet pump; and (c)  designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. See Utah Code 73-18-2 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. Presiding officer: means the same as that term is defined in Section 63G-4-103. See Utah Code 34A-5-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Prohibited employment practice: means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106. See Utah Code 34A-5-102 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. Public entity: means : (a)  the United States or an agency of the United States; (b)  the state or an agency of the state; (c)  a political subdivision of the state or an agency of a political subdivision of the state; (d)  another state or an agency of that state; or (e)  a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102 Publish: means publication in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 34A-6-103 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. receiving entity: means the entity that will, after the withdrawal of an area from a special district, provide to the withdrawn area the service that the special district previously provided to the area. See Utah Code 17B-1-501 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. Retaliate: means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member: (i)  opposes an employment practice prohibited under this chapter; or (ii)  files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter. See Utah Code 34A-5-102 Safety code: means the one or more codes adopted by the division in accordance with Subsection 34A-7-203(6) to be used in inspecting elevators and escalators. See Utah Code 34A-7-202 Sailboat: means any vessel having one or more sails and propelled by wind. See Utah Code 73-18-2 Secretary: means the secretary of the United States Department of Labor. See Utah Code 34A-6-103 Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102 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. Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 34A-5-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in: (a)  this chapter; or (b)  (i)  this chapter; and (ii)  (A)  1; (B)  2; (C)  3; (D)  4; (E)  5; (F)  6; (G)  7; (H)  8; (I)  9; (J)  10; or (K)  11. See Utah Code 17B-1-102 Standard: means an occupational health and safety standard or group of standards which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary to provide safety and healthful employment and places of employment. See Utah Code 34A-6-103 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. Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102 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. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Undue hardship: means an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation. See Utah Code 34A-5-102 Unincorporated: means not included within a municipality. See Utah Code 17B-1-102 Unincorporated entity: means an entity organized or doing business in the state that is not: (i)  an individual; (ii)  a corporation; or (iii)  publicly traded. See Utah Code 34A-6-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Variance: means a special, limited modification or change in the code or standard applicable to the particular establishment of the employer or person petitioning for the modification or change. See Utah Code 34A-6-103 Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2 Vocational school: means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations. See Utah Code 34A-5-102 Wakeless speed: means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel. See Utah Code 73-18-2 Waters of this state: means any waters within the territorial limits of this state. See Utah Code 73-18-2 Workplace: means any place of employment. See Utah Code 34A-6-103 Writing: includes :Utah Code 68-3-12.5