Terms Used In Utah Code > Title 26B > Chapter 1 > Part 5 - Fatality Review

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
• 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.
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
• Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1
• Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
• Eligible customer: means a person who:

  (a)

  on December 31, 2013: (i)  was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and (ii)  owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and

  (b)

  produces electricity: (i)  from a qualifying power production facility for sale to a public utility in this state; (ii)  primarily for the eligible customer's own use; or (iii)  for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-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. Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6). See Utah Code 26B-1-501 Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that: (a)  gas is made or produced on, and distributed by the maker or producer through, private property: (i)  solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and (ii)  not for sale to others; (b)  gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or (c)  gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 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. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Near fatality: means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition. See Utah Code 26B-1-501 Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 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. Oversight: Committee review of the activities of a Federal agency or program. Person: means :Utah Code 68-3-12.5 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1 Qualified individual: means an individual who: (a)  at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department; (b)  (i)  is in the custody of the department or a division of the department; and (ii)  is placed in a residential placement by the department or a division of the department; (c)  at the time that the individual dies, has an open case for the receipt of child welfare services, including: (i)  an investigation for abuse, neglect, or dependency; (ii)  foster care; (iii)  in-home services; or (iv)  substitute care; (d)  had an open case for the receipt of child welfare services within one year before the day on which the individual dies; (e)  was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if: (i)  the department or a division of the department is aware of the death; and (ii)  the death is reported as a homicide, suicide, or an undetermined cause; (f)  received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual: (i)  lived in the individual's home at the time of death; and (ii)  the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department; (g)  dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death; (h)  is a child who: (i)  suffers a near fatality; and (ii)  is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including: (A)  an investigation for abuse, neglect, or dependency; (B)  foster care; (C)  in-home services; or (D)  substitute care; or (i)  is designated as a qualified individual by the executive director. See Utah Code 26B-1-501 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 Subpoena: A command to a witness to appear and give testimony. Substitute care: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501