Part 1 General Provisions 17C-1-101 – 17C-1-104
Part 2 Agency Creation, Powers, and Board 17C-1-201.1 – 17C-1-209
Part 3 Agency Property 17C-1-301.1 – 17C-1-302
Part 4 Project Area Funds 17C-1-401.1 – 17C-1-416
Part 5 Agency Bonds 17C-1-501.1 – 17C-1-508
Part 6 Agency Annual Report, Budget, and Audit Requirements 17C-1-601.1 – 17C-1-609
Part 7 Agency and Project Area Dissolution 17C-1-701.1 – 17C-1-702
Part 8 Hearing and Notice Requirements 17C-1-801 – 17C-1-809
Part 9 Eminent Domain 17C-1-901 – 17C-1-905
Part 10 Agency Taxing Authority 17C-1-1001 – 17C-1-1005

Terms Used In Utah Code > Title 17C > Chapter 1 - Agency Operations

  • Accuser: means an individual who:
    (a) signs and swears to charges;
    (b) directs that charges nominally be signed and sworn to by another; or
    (c) any other individual who has an interest other than an official interest in the prosecution of the accused. See Utah Code 39A-5-102
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Active project area: means a project area that has not been dissolved in accordance with Section 17C-1-702. See Utah Code 17C-1-102
  • Adjusted tax increment: means the percentage of tax increment, if less than 100%, that an agency is authorized to receive:
    (a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax increment under Subsection 17C-1-403(3);
    (b) for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax increment under Section 17C-1-406;
    (c) under a project area budget approved by a taxing entity committee; or
    (d) under an interlocal agreement that authorizes the agency to receive a taxing entity's tax increment. See Utah Code 17C-1-102
  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adverse action: means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
    (a) discharge the person;
    (b) threaten the person;
    (c) coerce the person;
    (d) intimidate the person; or
    (e) discriminate against the person, including to discriminate in:
    (i) compensation;
    (ii) terms;
    (iii) conditions;
    (iv) location;
    (v) rights;
    (vi) immunities;
    (vii) promotions; or
    (viii) privileges. See Utah Code 40-2-102
  • 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.
  • 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 owned or occupied by a low or moderate income family, as determined by resolution of the agency. See Utah Code 17C-1-102
  • Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
    (a) project area funds;
    (b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;
    (c) a contribution, loan, grant, or other financial assistance from any public or private source;
    (d) project area incremental revenue as defined in Section 17C-1-1001; or
    (e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102
  • Agency-wide project development: means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing. See Utah Code 17C-1-1001
  • Aggrieved person: means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed. See Utah Code 77-23a-3
  • Aircraft: is a s defined in Section 72-10-102. See Utah Code 38-13-102
  • 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.
  • Annual income: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, 24 C. See Utah Code 17C-1-102
  • 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.
  • Appraisal: A determination of property value.
  • Apprehend: means taking an individual into custody by competent authority, with or without a warrant. See Utah Code 39A-5-102
  • 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
  • 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: means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area. See Utah Code 39A-5-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means , except as provided in Section 77-18-104, the same as the term "risk and needs assessment" in Section 77-1-3. See Utah Code 77-18-102
  • Assessment roll: means the same as that term is defined in Section 59-2-102. See Utah Code 17C-1-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Aural transfer: means any transfer containing the human voice at any point between and including the point of origin and the point of reception. See Utah Code 77-23a-3
  • 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 taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
  • Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
    (a) for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
    (b) for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:
    (i) before the date on which the taxing entity committee approves the project area budget; or
    (ii) if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
    (c) for a project on an inactive airport site, after the later of:
    (i) the date on which the inactive airport site is sold for remediation and development; or
    (ii) the date on which the airport that operated on the inactive airport site ceased operations; or
    (d) for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102
  • Basic levy: means the portion of a school district's tax levy constituting the minimum basic levy under Section 59-2-902. See Utah Code 17C-1-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Board of Pardons and Parole. See Utah Code 77-18-102
  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102
  • Certified tax rate: means the same as that term is defined in Section 59-2-924. See Utah Code 17C-1-1001
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
  • Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
  • Closed military base: means land within a former military base that the Defense Base Closure and Realignment Commission has voted to close or realign when that action has been sustained by the president of the United States and Congress. See Utah Code 17C-1-102
  • Coal mine: means :
    (a) the following used in extracting coal from its natural deposits in the earth by any means or method:
    (i) the land;
    (ii) a structure;
    (iii) a facility;
    (iv) machinery;
    (v) a tool;
    (vi) equipment;
    (vii) a shaft;
    (viii) a slope;
    (ix) a tunnel;
    (x) an excavation; and
    (xi) other property; and
    (b) the work of preparing extracted coal, including a coal preparation facility. See Utah Code 40-2-102
  • Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
  • Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
  • Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
  • Commissioner: means the commissioner appointed under Section 34A-1-201. See Utah Code 40-2-102
  • 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.
  • Communications common carrier: means any person engaged as a common carrier for hire in intrastate, interstate, or foreign communication by wire or radio, including a provider of electronic communication service. See Utah Code 77-23a-3
  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Community development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102
  • community reinvestment agency: means a separate body corporate and politic, created under Section 17C-1-201. See Utah Code 17C-1-102
  • Community reinvestment project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. See Utah Code 77-15-2
  • Competent to stand trial: means that a defendant has:
    (a) a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
    (b) the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
  • Contents: when used with respect to any wire, electronic, or oral communication includes any information concerning the substance, purport, or meaning of that communication. See Utah Code 77-23a-3
  • Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
  • Convicted: means the same as that term is defined in Section 76-3-201. See Utah Code 77-18-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative development project: means project area development with impacts that extend beyond an agency's geographic boundaries to the benefit of two or more communities. See Utah Code 17C-1-1001
  • 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.
  • Correctional facility: means :
    (a) a county jail;
    (b) a secure correctional facility as defined by Section 64-13-1; or
    (c) a secure care facility as defined in Section 80-1-102. See Utah Code 77-16b-102
  • Correctional facility administrator: means :
    (a) a county sheriff in charge of a county jail;
    (b) a designee of the executive director of the Utah Department of Corrections; or
    (c) a designee of the director of the Division of Juvenile Justice Services. See Utah Code 77-16b-102
  • Council: means the Mine Safety Technical Advisory Council created in Section 40-2-203. See Utah Code 40-2-102
  • County executive: means :Utah Code 68-3-12.5
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Default: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delinquent: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
  • Department: means the Department of Health and Human Services. See Utah Code 77-15-2
  • Department: means the Department of Corrections created in Section 64-13-2. See Utah Code 77-18-102
  • Dependent: means the spouse and children of a service member or any other individual dependent upon the service member for support. See Utah Code 39A-6-101
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
  • Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:
    (a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section 17C-2-302; or
    (b) community reinvestment project area under Section 17C-5-404. See Utah Code 17C-1-102
  • Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102
  • Devise: To gift property by will.
  • Director: means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202. See Utah Code 40-2-102
  • 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:
  • 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
  • Docket: A log containing brief entries of court proceedings.
  • Economic development project: means project area development for the purpose of:
    (a) creating, developing, attracting, and retaining business;
    (b) creating or preserving jobs;
    (c) stimulating business and economic activity; or
    (d) providing a local incentive as required by the Governor's Office of Economic Opportunity under Title 63N, Economic Opportunity Act. See Utah Code 17C-1-1001
  • Economic development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
    (a) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;
    (b) any wire or oral communications;
    (c) any communication made through a tone-only paging device; or
    (d) any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3
  • Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Utah Code 77-23c-101.2
  • Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3
  • Electronic communications system: means any wire, radio, electromagnetic, photoelectronic, or photo-optical facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of the communication. See Utah Code 77-23a-3
  • Electronic device: means a device that enables access to or use of an electronic communication service, remote computing service, or location information service. See Utah Code 77-23c-101.2
  • Electronic information: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
  • Electronic storage: means :
    (a) any temporary intermediate storage of a wire or electronic communication incident to the electronic transmission of it; and
    (b) any storage of the communication by an electronic communications service for the purposes of backup protection of the communication. See Utah Code 77-23a-3
  • Eligible taxing entity: means a taxing entity that:
    (a) is a municipality, a county, or a school district; and
    (b) contains an agency partially or completely within the taxing entity's geographic boundaries. See Utah Code 17C-1-1001
  • Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-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
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fair share ratio: means the ratio derived by:
    (a) for a municipality, comparing the percentage of all housing units within the municipality that are publicly subsidized income targeted housing units to the percentage of all housing units within the county in which the municipality is located that are publicly subsidized income targeted housing units; or
    (b) for the unincorporated part of a county, comparing the percentage of all housing units within the unincorporated county that are publicly subsidized income targeted housing units to the percentage of all housing units within the whole county that are publicly subsidized income targeted housing units. See Utah Code 17C-1-102
  • Family: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, 24 C. See Utah Code 17C-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forensic evaluator: means a licensed mental health professional who:
    (a) is not involved in the defendant's treatment;
    (b) is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:
    (i) intellectual functioning or psychopathology; and
    (ii) the legal system and the rights of a defendant in a criminal trial; and
    (c) if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 77-15-2
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Hazardous waste: means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. See Utah Code 17C-1-102
  • Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
  • Housing fund: means a fund created by an agency for purposes described in Section 17C-1-411 or 17C-1-412 that is comprised of:
    (a) project area funds, project area incremental revenue as defined in Section 17C-1-1001, or property tax revenue as defined in Section 17C-1-1001 allocated for the purposes described in Section 17C-1-411; or
    (b) an agency's housing allocation. See Utah Code 17C-1-102
  • Implementation plan: means a plan adopted in accordance with Section 17C-1-1004 that:
    (a) describes how the agency uses property tax revenue; and
    (b) guides and controls agency-wide project development. See Utah Code 17C-1-1001
  • Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102
  • Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102
  • Income targeted housing: means housing that is owned or occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. See Utah Code 17C-1-102
  • Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:
    (a) mental illness; or
    (b) intellectual disability. See Utah Code 77-15-2
  • Incremental value: means a figure derived by multiplying the marginal value of the property located within a project area on which tax increment is collected by a number that represents the adjusted tax increment from that project area that is paid to the agency. See Utah Code 17C-1-102
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intellectual disability: means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 77-15-2
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Intercept: means the acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Utah Code 77-23a-3
  • Interest: includes service charges, renewal charges, fees, or any other charges in respect to any obligation or liability. See Utah Code 39A-6-101
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Investigative or law enforcement officer: means any officer of the state or of a political subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in this chapter, or any federal officer as defined in Section 53-13-106, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses. See Utah Code 77-23a-3
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judge of competent jurisdiction: means a judge of a district court of the state. See Utah Code 77-23a-3
  • 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.
  • Juror: A person who is on the jury.
  • Land: includes :Utah Code 68-3-12.5
  • Law enforcement agency: means :Utah Code 77-23c-101.2
  • 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
  • Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien claimant: means contractors and subcontractors who claim a lien under this chapter. See Utah Code 38-10-101
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan fund board: means the Olene Walker Housing Loan Fund Board, established under 5. See Utah Code 17C-1-102
  • Local government building: means a building owned and operated by a community for the primary purpose of providing one or more primary community functions, including:
    (i) a fire station;
    (ii) a police station;
    (iii) a city hall; or
    (iv) a court or other judicial building. See Utah Code 17C-1-102
  • Location information: includes past, current, and future location information. See Utah Code 77-23c-101.2
  • Major coal mine accident: means any of the following at a coal mine located in Utah:
    (a) a mine explosion;
    (b) a mine fire;
    (c) the flooding of a mine;
    (d) a mine collapse; or
    (e) the accidental death of an individual at a mine. See Utah Code 40-2-102
  • Major transit investment corridor: means the same as that term is defined in Section 10-9a-103. See Utah Code 17C-1-102
  • Marginal value: means the difference between actual taxable value and base taxable value. See Utah Code 17C-1-102
  • Medical supervision: means under the direction of a licensed physician, physician assistant, or nurse practitioner. See Utah Code 77-16b-102
  • Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 77-16b-102
  • Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 77-15-2
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
  • Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
  • Mine Safety and Health Administration: means the federal Mine Safety and Health Administration within the United States Department of Labor. See Utah Code 40-2-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means a city, town, or metro township as defined in Section 10-2a-403. See Utah Code 17C-1-102
  • National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
  • National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • 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.
  • Office: means the Utah Office of Coal Mine Safety created in Section 40-2-201. See Utah Code 40-2-102
  • Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
  • Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation, but does not include any electronic communication. See Utah Code 77-23a-3
  • Oral communication: means the same as that term is defined in Section 77-23a-3. See Utah Code 77-23c-101.2
  • Panel: means the Coal Miner Certification Panel created in Section 40-2-204. See Utah Code 40-2-102
  • Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102
  • Participation agreement: means a written agreement between a person and an agency that:
    (a) includes a description of:
    (i) the project area development that the person will undertake;
    (ii) the amount of project area funds the person may receive; and
    (iii) the terms and conditions under which the person may receive project area funds; and
    (b) is approved by resolution of the board. See Utah Code 17C-1-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
  • Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Utah Code 77-23a-3
  • Person: means :Utah Code 68-3-12.5
  • Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prisoner: means :
    (a) any individual who is a pretrial detainee or who has been committed to the custody of a sheriff or the Utah Department of Corrections, and who is physically in a correctional facility; and
    (b) any individual who is 18 years old or older and younger than 21 years old, and who has been committed to the custody of the Division of Juvenile Justice Services. See Utah Code 77-16b-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Progress toward competency evaluation: means an evaluation to determine whether an individual who is receiving restoration treatment is:
    (a) competent to stand trial;
    (b) incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
    (c) incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future. See Utah Code 77-15-2
  • Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
    (a) for an urban renewal project area, Section 17C-2-201;
    (b) for an economic development project area, Section 17C-3-201;
    (c) for a community development project area, Section 17C-4-204; or
    (d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
  • Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
    (a) promoting, creating, or retaining public or private jobs within the state or a community;
    (b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
    (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
    (d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
    (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
    (f) providing open space, including streets or other public grounds or space around buildings;
    (g) providing public or private buildings, infrastructure, structures, or improvements;
    (h) relocating a business;
    (i) improving public or private recreation areas or other public grounds;
    (j) eliminating a development impediment or the causes of a development impediment;
    (k) redevelopment as defined under the law in effect before May 1, 2006; or
    (l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
  • Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area funds collection period: means the period of time that:
    (a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
    (b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area incremental revenue: means the amount of revenue generated by the incremental value that a taxing entity receives after a project area funds collection period ends. See Utah Code 17C-1-1001
  • Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
  • Property tax revenue: means the amount of revenue generated by an agency from the property within the agency using the current taxable value of the property and the agency's certified tax rate. See Utah Code 17C-1-1001
  • 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, including an agency of the United States;
    (b) the state, including any of the state's departments or agencies; or
    (c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
  • Publicly owned infrastructure and improvements: means water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or other facilities, infrastructure, and improvements benefitting the public and to be publicly owned or publicly maintained or operated. See Utah Code 17C-1-102
  • Quorum: The number of legislators that must be present to do business.
  • Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
  • Readily accessible to the general public: means , regarding a radio communication, that the communication is not:
    (a) scrambled or encrypted;
    (b) transmitted using modulation techniques with essential parameters that have been withheld from the public with the intention of preserving the privacy of the communication;
    (c) carried on a subcarrier or signal subsidiary to a radio transmission;
    (d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or
    (e) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94, Rules of the Federal Communications Commission unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Utah Code 77-23a-3
  • 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.
  • record owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-1-102
  • 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.
  • remote computing service: means provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23b-1
  • Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23c-101.2
  • Repairman: means a person who makes, alters, repairs, or performs labor on an aircraft. See Utah Code 38-13-102
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-18-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restoration treatment: means training and treatment that is:
    (a) provided to an individual who is incompetent to proceed;
    (b) tailored to the individual's particular impairment to competency; and
    (c) limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2
  • Road: includes :Utah Code 68-3-12.5
  • Sales and use tax revenue: means revenue that is:
    (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and
    (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102
  • Screening: means , except as provided in Section 77-18-104, a tool or questionnaire that is designed to determine whether an individual needs further assessment or any additional resource or referral for treatment. See Utah Code 77-18-102
  • Service member: means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit. See Utah Code 39A-6-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
  • 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
  • State military service: means active, full-time service with a recognized military unit called into service by the governor for at least 30 days. See Utah Code 39A-6-101
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substance use disorder treatment: means treatment obtained through a substance use disorder program that is licensed by the Office of Licensing within the Department of Health and Human Services. See Utah Code 77-18-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102
  • Survey area: means a geographic area designated for study by a survey area resolution to determine whether:
    (a) one or more project areas within the survey area are feasible; or
    (b) a development impediment exists within the survey area. See Utah Code 17C-1-102
  • Survey area resolution: means a resolution adopted by a board that designates a survey area. See Utah Code 17C-1-102
  • Tax increment: means the difference between:
    (i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
    (ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
  • Taxable value: means :
    (a) the taxable value of all real property a county assessor assesses in accordance with 3, for the current year;
    (b) the taxable value of all real and personal property the commission assesses in accordance with 2, for the current year; and
    (c) the year end taxable value of all personal property a county assessor assesses in accordance with 3, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102
  • Taxing entity: means a public entity that:
    (a) levies a tax on property located within a project area; or
    (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
  • Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testify: Answer questions in court.
  • 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
  • Transmitted data: means electronic information that is transmitted wirelessly:Utah Code 77-23c-101.2
  • Trap and trace device: means a device, process, or procedure that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication is transmitted. See Utah Code 77-23a-3
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unincorporated: means not within a municipality. See Utah Code 17C-1-102
  • Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unsafe condition: means a danger that reasonably could be expected to cause serious harm to a person or property. See Utah Code 40-2-102
  • Urban renewal project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • User: means any person or entity who:
    (a) uses an electronic communications service; and
    (b) is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Verdict: The decision of a petit jury or a judge.
  • Wire communication: includes the electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit. See Utah Code 77-23a-3
  • Writing: includes :Utah Code 68-3-12.5