Terms Used In Utah Code > Title 26B > Chapter 2 - Licensing and Certifications

• Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
• Access line: means a circuit-switched connection, or the functional equivalent of a circuit-switched connection, from an end-user to the public switched network. See Utah Code 54-8b-2
• Activities of daily living: means essential activities including:

  (a)

  dressing;

  (b)

  eating;

  (c)

  grooming;

  (d)

  bathing;

  (e)	toileting;

  (f)	ambulation;

  (g)	transferring; and

  (h)

  self-administration of medication. See Utah Code 26B-2-201 Address: includes : (i)  a post office box number; (ii)  a rural free delivery route number; and (iii)  a street name and number. See Utah Code 16-10a-102 Adjudicative proceeding: means :Utah Code 68-3-12.5 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101 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. 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. Aggregator: means any person or entity that: (i)  is not a telecommunications corporation; (ii)  in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and (iii)  receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider. See Utah Code 54-8b-2 Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201 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. Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101 Arrest: Taking physical custody of a person by lawful authority. Articles of incorporation: include : (a)  amended and restated articles of incorporation; (b)  articles of merger; and (c)  a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3 Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201 Assisted living facility: means : (i)  a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who: (A)  require protected living arrangements; and (B)  are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and (ii)  a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201 Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301 Associated with the licensee: means that an individual is: (i)  affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or (ii)  applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101 Association: means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9. See Utah Code 54-8a-2 Authorized person: means an employee or agent: (a)  of a public utility that: (i)  generates, transmits, or delivers electricity; or (ii)  provides and whose work relates to communication services; (b)  of an industrial plant whose work relates to the electrical system of the industrial plant; (c)  of a cable television or communication services company, or of a contractor of cable television or communication services company, if specifically and expressly authorized by the owner of the poles to make cable television or communication services attachments; or (d)  of a state, county, or municipal agency which has or whose work relates to: (i)  overhead electrical lines; (ii)  overhead lighting systems; (iii)  authorized overhead circuit construction; (iv)  conductors on poles; or (v)  structures of any type. See Utah Code 54-8c-1 Auxiliary aids and services: means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual. See Utah Code 26B-2-301 Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1 Basic residential service: means a local exchange service for a residential customer consisting of: (a)  a single line with access to the public switched network; (b)  touch-tone or the functional equivalent; (c)  local flat-rate unlimited usage, exclusive of extended area service; (d)  single-party service; (e)  a free phone number listing in directories received for free; (f)  access to operator services; (g)  access to directory assistance; (h)  access to lifeline and telephone relay assistance; (i)  access to 911 and E911 emergency services; (j)  access to long-distance carriers; (k)  access to toll limitations services; (l)  other services as may be determined by the commission; and (m)  no feature. See Utah Code 54-8b-2 Birthing center: means a facility that: (a)  receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and (b)  (i)  is freestanding; or (ii)  is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201 Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2 Boarding school: means a private school that: (i)  uses a regionally accredited education program; (ii)  provides a residence to the school's students: (A)  for the purpose of enabling the school's students to attend classes at the school; and (B)  as an ancillary service to educating the students at the school; (iii)  has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and (iv)  (A)  does not provide the treatment or services described in Subsection (38)(a); or (B)  provides the treatment or services described in Subsection (38)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101 Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102 Capacity building: means strengthening an individual's or a community's ability to participate in shared decision making. See Utah Code 26B-2-501 Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401 Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401 Certificate: means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. See Utah Code 54-8b-2 Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401 Child: means an individual under 18 years old. See Utah Code 26B-2-101 Child care: means continuous care and supervision of a qualifying child, that is: (a)  in lieu of care ordinarily provided by a parent in the parent's home; (b)  for less than 24 hours a day; and (c)  for direct or indirect compensation. See Utah Code 26B-2-401 Child care program: means a child care facility or program operated by a regulated provider. See Utah Code 26B-2-401 Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of: (a)  finding a person to adopt the child; (b)  placing the child in a home for adoption; or (c)  foster home placement. See Utah Code 26B-2-101 Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101 Commission: means the Public Service Commission. See Utah Code 54-2-1 Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201 Common facilities: means all works and facilities: (a)  owned or used by two or more public power entities or power utilities; and (b)  necessary to the generation, transmission, or distribution of electric power and energy. See Utah Code 54-9-102 Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3 Community health worker: means an individual who: (a)  works to improve a social determinant of health; (b)  acts as an intermediary between a community and health services or social services to: (i)  facilitate access to services; or (ii)  improve the quality and cultural competence of service delivery; and (c)  increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities. See Utah Code 26B-2-501 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Congregate care program: means any of the following that provide services to a child: (i)  an outdoor youth program; (ii)  a residential support program; (iii)  a residential treatment program; or (iv)  a therapeutic school. See Utah Code 26B-2-101 Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3 Conviction: A judgement of guilt against a criminal defendant. Core-skill training: means : (a)  90 hours of competency-based education; and (b)  300 hours of community involvement as determined by the department through rule. See Utah Code 26B-2-501 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 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1 Department contractor: means an individual who: (a)  provides services under a contract with the department; and (b)  due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101 Devise: To gift property by will. Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601 Direct access: means that an individual has, or likely will have: (a)  contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or (b)  an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101 Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background screening approval issued by the office. See Utah Code 26B-2-101 Director: means the director of the office. See Utah Code 26B-2-101 Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares: (i)  a direct or indirect transfer of money or other property, other than a corporation's own shares; or (ii)  incurrence of indebtedness by the corporation. See Utah Code 16-10a-102 Division: means the Division of Customer Experience. See Utah Code 26B-2-301 Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2 Docket: A log containing brief entries of court proceedings. Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101 education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101 Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101 Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3 Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2 End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201 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 excavation: means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, or explosives. See Utah Code 54-8a-2 Excavator: means any person or entity that excavates or conducts excavation activities. See Utah Code 54-8a-2 Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-2-401 Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601 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. Feature: means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. See Utah Code 54-8b-2 Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2 Fiduciary: A trustee, executor, or administrator. 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. Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101 Fraud: Intentional deception resulting in injury to another. Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201 General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201 Germane: On the subject of the pending bill or other business; a strict standard of relevance. Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3 Government agency: means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities. See Utah Code 26B-2-301 Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201 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 Health benefit plan: means the same as that term is defined in Section 31A-22-634. See Utah Code 26B-2-101 Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201 Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-2-101 Health insurer: means the same as that term is defined in Section 31A-22-615. See Utah Code 26B-2-101 Health maintenance organization: means an organization, organized under the laws of any state which: (a)  is a qualified health maintenance organization under 42 U. See Utah Code 26B-2-201 High voltage: means voltage in excess of 600 volts measured between: (a)  conductors; or (b)  a conductor and the ground. See Utah Code 54-8c-1 Highway: includes :Utah Code 68-3-12.5 Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201 Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201 Human services program: means : (i)  a foster home; (ii)  a therapeutic school; (iii)  a youth program; (iv)  an outdoor youth program; (v)  a residential treatment program; (vi)  a residential support program; (vii)  a resource family home; (viii)  a recovery residence; or (ix)  a facility or program that provides: (A)  adult day care; (B)  day treatment; (C)  outpatient treatment; (D)  domestic violence treatment; (E)  child-placing services; (F)  social detoxification; or (G)  any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101 Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Indian child: means the same as that term is defined in 25 U. See Utah Code 26B-2-101 Indian country: means the same as that term is defined in 18 U. See Utah Code 26B-2-101 Indian tribe: means the same as that term is defined in 25 U. See Utah Code 26B-2-101 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Intermediate care facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301 Land: includes :Utah Code 68-3-12.5 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 Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401 Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101 Licensing committee: means the Child Care Provider Licensing Committee created in Section 26B-1-204. See Utah Code 26B-2-401 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local exchange service: means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Utah Code 54-8b-2 Local government: means a city, town, metro township, or county. See Utah Code 26B-2-101 Location: means the site of a proposed area of excavation described: (a)  (i)  by street address, if available; (ii)  by the area at that street address to be excavated; and (iii)  as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or (b)  if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. See Utah Code 54-8a-2 Location request assignment: means a number assigned to a proposed excavation by an association or operator upon receiving notice of the proposed excavation from the excavator. See Utah Code 54-8a-2 long-run: means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable. See Utah Code 54-8b-2 Long-term care facility: means : (i)  a skilled nursing facility; (ii)  except as provided in Subsection (6)(b), an intermediate care facility; (iii)  a nursing home; (iv)  a small health care facility; (v)  a small health care facility type N; or (vi)  an assisted living facility. See Utah Code 26B-2-301 Minor: means child. See Utah Code 26B-2-101 Mobile telecommunications service: means a mobile telecommunications service: (a)  that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 54-8b-2 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 New public telecommunications service: means a service offered by a telecommunications corporation which that corporation has never offered before. See Utah Code 54-8b-2 Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102 Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services: (a)  a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services; (b)  a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or (c)  a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201 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 Office of Licensing within the department. See Utah Code 26B-2-101 Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301 Ombudsman program: means the Long-Term Care Ombudsman Program. See Utah Code 26B-2-301 Operator: means a person who owns, operates, or maintains an underground facility. See Utah Code 54-8a-2 Operator assisted services: means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention. See Utah Code 54-8b-2 Operator service provider: means any person or entity that provides, for a fee to a caller, operator assisted services. See Utah Code 54-8b-2 Outdoor youth program: means a program that provides: (a)  services to a child that has: (i)  a chemical dependency; or (ii)  a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral; (b)  a 24-hour outdoor group living environment; and (c)  (i)  regular therapy, including group, individual, or supportive family therapy; or (ii)  informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101 Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Utah Code 54-8-3 Overhead line: means all bare or insulated electrical conductors installed above the ground. See Utah Code 54-8c-1 Oversight: Committee review of the activities of a Federal agency or program. 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. Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201 Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual, government entity, corporation, partnership, association, or company; and (b)  the trustee, receiver, assignee, and personal representative of a person listed in Subsection (11)(a). See Utah Code 54-8a-2 Plaintiff: The person who files the complaint in a civil lawsuit. 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. Point of delivery: means : (a)  a meter, for electric facilities; or (b)  a network interface device, for communication facilities. See Utah Code 54-8-3 Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including: (a)  an annual report; (b)  an application for a certificate of authority; or (c)  a notice of change of principal office. See Utah Code 16-10a-102 Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101 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 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 power entity: means : (a)  a city or town that owns a system for the generation, transmission, or distribution of electric power and energy for public or private use; and (b)  an interlocal entity. See Utah Code 54-9-102 Public school: means : (a)  a school, including a charter school, that: (i)  is directly funded at public expense; and (ii)  provides education to qualifying children for any grade from first grade through twelfth grade; or (b)  a school, including a charter school, that provides: (i)  preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and (ii)  education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense. See Utah Code 26B-2-401 Public switched network: means the same as that term is defined in 47 C. See Utah Code 54-8b-2 Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 54-8b-2 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 Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3 Public utility: means any entity that generates, transmits, or distributes electrical energy, including any: (a)  public utility as defined in Title 54, Chapter 2, General Provisions; (b)  municipality as defined in Title 10, Utah Municipal Code; (c)  agricultural cooperative association as defined in Title 3, Uniform Agricultural Cooperative Association Act; (d)  improvement district as defined in Section 17B-1-102; or (e)  entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 54-8c-1 Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, 16 U. See Utah Code 54-2-1 Qualifying child: means an individual who is: (a)  (i)  under the age of 13 years old; or (ii)  under the age of 18 years old, if the person has a disability; and (b)  a child of: (i)  a person other than the person providing care to the child; (ii)  a regulated provider, if the child is under the age of four; or (iii)  an employee or owner of a licensed child care center, if the child is under the age of four. See Utah Code 26B-2-401 Qualifying power producer: means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. See Utah Code 54-2-1 Quorum: The number of legislators that must be present to do business. Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1 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 date: means the date established under 6, or 7, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102 Recovery residence: means a home, residence, or facility that meets at least two of the following requirements: (i)  provides a supervised living environment for individuals recovering from a substance use disorder; (ii)  provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder; (iii)  provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site; (iv)  is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or (v)  (A)  receives public funding; or (B)  is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101 Regular business hours: means : (a)  the hours during which services of any kind are provided to a client; or (b)  the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101 Regulated provider: means a licensed provider or certified provider. See Utah Code 26B-2-401 Resident: means a person 21 years old or older who: (a)  as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and (b)  does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201 Resident: means an individual who resides in a long-term care facility. See Utah Code 26B-2-301 Residential child care: means child care provided in the home of the provider. See Utah Code 26B-2-401 Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are: (i)  emotional; (ii)  psychological; (iii)  developmental; or (iv)  behavioral. See Utah Code 26B-2-101 Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101 Residential treatment program: means a program or facility that provides: (a)  residential treatment; or (b)  intermediate secure treatment. See Utah Code 26B-2-101 Resolution: means ordinance when the governing body properly acts by ordinance rather than by resolution. See Utah Code 54-8-3 Responsible party: means any person who contracts to perform, is responsible for the performance of, or has control over, any function or activity at any location. See Utah Code 54-8c-1 Road: includes :Utah Code 68-3-12.5 Seclusion: means the involuntary confinement of an individual in a room or an area: (a)  away from the individual's peers; and (b)  in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101 Service entrance equipment: means facilities on the property owner's side of the point of delivery that are necessary to accommodate service from a public utility. See Utah Code 54-8-3 Sewer lateral cleanout: means a point of access where a sewer lateral can be serviced. See Utah Code 54-8a-2 Shareholder: means : (i)  the person in whose name a share is registered in the records of a corporation; or (ii)  the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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 Skilled nursing facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301 Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26B-2-201 Small health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301 Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201 State certified: means that an individual has obtained the state certification described in Subsection 26B-2-504(1). See Utah Code 26B-2-501 Statute: A law passed by a legislature. substance use disorder treatment program: means a program: (a)  designed to provide: (i)  specialized drug or alcohol treatment; (ii)  rehabilitation; or (iii)  habilitation services; and (b)  that provides the treatment or services described in Subsection (44)(a) to persons with: (i)  a diagnosed substance use disorder; or (ii)  chemical dependency disorder. See Utah Code 26B-2-101 Substantial compliance: means in a department survey of a licensee, the department determines there is an absence of deficiencies which would harm the physical health, mental health, safety, or welfare of patients or residents of a licensee. See Utah Code 26B-2-201 Telecommunications corporation: means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service. See Utah Code 54-8b-2 Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1 Therapeutic school: means a residential group living facility: (a)  for four or more individuals that are not related to: (i)  the owner of the facility; or (ii)  the primary service provider of the facility; (b)  that serves students who have a history of failing to function: (i)  at home; (ii)  in a public school; or (iii)  in a nonresidential private school; and (c)  that offers: (i)  room and board; and (ii)  an academic education integrated with: (A)  specialized structure and supervision; or (B)  services or treatment related to: (I)  a disability; (II)  emotional development; (III)  behavioral development; (IV)  familial development; or (V)  social development. See Utah Code 26B-2-101 Total service long-run incremental cost: means the forward-looking incremental cost to a telecommunications corporation caused by providing the entire quantity of a public telecommunications service, network function, or group of public telecommunications services or network functions, by using forward-looking technology, reasonably available, without assuming relocation of existing plant and equipment. See Utah Code 54-8b-2 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. Underground facility: means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following: (a)  water; (b)  sewage, including sewer laterals; (c)  communications, including electronic, photonic, telephonic, or telegraphic communications; (d)  television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming; (e)  electric power; (f)  oil, gas, or other fluid and gaseous substances; (g)  steam; (h)  slurry; or (i)  dangerous materials or products. See Utah Code 54-8a-2 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102 Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to: (a)  provide personal protection; (b)  provide necessities such as food, shelter, clothing, or mental or other health care; (c)  obtain services necessary for health, safety, or welfare; (d)  carry out the activities of daily living; (e)  manage the adult's own resources; or (f)  comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101 Writing: includes :Utah Code 68-3-12.5 Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that: (i)  serves adjudicated or nonadjudicated youth; (ii)  charges a fee for the program's services; (iii)  may provide host homes or other arrangements for overnight accommodation of the youth; (iv)  may provide all or part of the program's services in the outdoors; (v)  may limit or censor access to parents or guardians; and (vi)  prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101 Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101