Utah Code > Title 31A > Chapter 22 – Contracts in Specific Lines
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Terms Used In Utah Code > Title 31A > Chapter 22 - Contracts in Specific Lines
- Access denial: means a governmental entity's denial, under Subsection 63G-2-204(9) or Section 63G-2-205, in whole or in part, of a record request. See Utah Code 63G-2-400.5
- Accident and health insurance: means insurance to provide protection against economic losses resulting from:
(i) a medical condition including: (A) a medical care expense; or (B) the risk of disability; (ii) accident; or (iii) sickness. See Utah Code 31A-1-301 - Account: means the Constitutional Defense Restricted Account, created in Section 63C-4a-402. See Utah Code 63C-4a-102
- acquisition or construction: means any acquisition, construction, reconstruction, restoration, enlargement, improvement, renovation, repair, replacement, equipping or furnishing, in whole or in part, of a facility. See Utah Code 63B-1-303
- Adjudicative proceeding: means an agency action or proceeding described in Section 63G-4-102. See Utah Code 63G-4-103
- Administrative record: means information an agency relies upon when making a rule under this chapter including:
(a) the proposed rule, change in the proposed rule, and the rule analysis form; (b) the public comment received and recorded by the agency during the public comment period; (c) the agency's response to the public comment; (d) the agency's analysis of the public comment; and (e) the agency's report of its decision-making process. See Utah Code 63G-3-102 - Administrator: means the same as that term is defined in Section 67-4a-102. See Utah Code 31A-22-1902
- Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
- ADR: means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues. See Utah Code 63G-5-102
- ADR provider: includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor. See Utah Code 63G-5-102
- Adult: means an individual who is 18 years old or older. See Utah Code 31A-1-301
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- advisory council: means a board, commission, or council that:
(a) provides advice and makes recommendations to another person or entity who makes policy for the benefit of the general public; (b) is created by and whose duties are provided by statute or by executive order; and (c) performs its duties only under the supervision of another person as provided by statute. See Utah Code 63C-1-102 - 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.
- Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301 - Agency: means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or perform other similar actions or duties delegated by law. See Utah Code 63G-3-102
- Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Agency bonds: means any bond, note, contract, or other evidence of indebtedness representing loans or grants made by an authorizing agency. See Utah Code 63B-1b-102
- Agency head: means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute. See Utah Code 63G-4-103
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appellate affirmation: means a decision of a chief administrative officer, local appeals board, or State Records Committee affirming an access denial. See Utah Code 63G-2-400.5
- Applicant: means :
(a) when referring to an individual limited long-term care insurance policy, the person who seeks to contract for benefits; and (b) when referring to a group limited long-term care insurance policy, the proposed certificate holder. See Utah Code 31A-22-2002 - Application: means a document:
(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 - Appointing officer: means :Utah Code 63G-6a-1701.5
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Approved vendor: means a person who has been approved for inclusion on an approved vendor list through the approved vendor list process. See Utah Code 63G-6a-103
- Approved vendor list: means a list of approved vendors established under Section 63G-6a-507. See Utah Code 63G-6a-103
- Approved vendor list process: means the procurement process described in Section 63G-6a-507. See Utah Code 63G-6a-103
- Arbitration: means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented. See Utah Code 63G-5-102
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- articles of incorporation: means :
(a) the original articles; (b) a special law; (c) a charter; (d) an amendment; (e) restated articles; (f) articles of merger or consolidation; (g) a trust instrument; (h) another constitutive document for a trust or other entity that is not a corporation; and (i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301 - Asset: means property of all kinds, real and personal, tangible and intangible, and includes:
(a) cash, except reasonable compensation or salary for services rendered; (b) stock or other investments; (c) goodwill; (d) real property; (e) an ownership interest; (f) a license; (g) a cause of action; and (h) any similar property. See Utah Code 63E-1-401 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Asymmetric conduct: means an insurer's use of the death master file or other similar database before July 1, 2015, in connection with searching for information regarding whether annuitants under the insurer's annuities might be deceased, but not in connection with whether the insureds under the insurer's policies might be deceased. See Utah Code 31A-22-1902
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Audit: means :
(a) a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or (b) a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations. See Utah Code 63G-2-103 - Authority: means the State Building Ownership Authority created by this part. See Utah Code 63B-1-303
- Authority: means the same as that term is defined in Section 63B-1-303. See Utah Code 63C-25-101
- Authorized official: means the state treasurer or other person authorized by a bond document to perform the required action. See Utah Code 63B-1b-102
- Authorized user: means , for a protected computer:
(a) the protected computer's owner; or (b) an individual who has permission to access the protected computer under Section 63D-3-103. See Utah Code 63D-3-102 - Authorizing agency: means the board, person, or unit with legal responsibility for administering and managing revolving loan funds. See Utah Code 63B-1b-102
- Authorizing statute: means the statute creating an entity as an independent entity. See Utah Code 63E-1-102
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- 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
- Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103
- Bidding process: means the procurement process described in 6. See Utah Code 63G-6a-103
- blanket contract: means a group insurance policy covering a defined class of persons:
(a) without individual underwriting or application; and (b) that is determined by definition without designating each person covered. See Utah Code 31A-1-301 - Board: means the County Recorder Standards Board created in Section 63C-30-201. See Utah Code 63C-30-101
- Board: means the governing board of the project entity. See Utah Code 63C-26-101
- Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. See Utah Code 63G-6a-103
- Bond: means the same as that term is defined in Section 63B-1-101. See Utah Code 63C-25-101
- Bond anticipation note: means a note issued in anticipation of the receipt of the proceeds of the sale of the bonds authorized under 2. See Utah Code 63B-6-301
- Bond anticipation note: means a note issued in anticipation of the receipt of the proceeds of the sale of the bonds authorized under 2. See Utah Code 63B-7-301
- Bond anticipation note: means a note issued in anticipation of the receipt of the proceeds of the sale of the bonds authorized under 2. See Utah Code 63B-8-301
- Bond anticipation note: means a note issued in anticipation of the receipt of the proceeds of the sale of the bonds authorized under 1. See Utah Code 63B-10-201
- Bond anticipation note: means a note issued in anticipation of the receipt of the proceeds of the sale of the bonds authorized under 3. See Utah Code 63B-11-401
- Bond anticipation note: means a note issued in anticipation of the receipt of the proceeds of the sale of the bonds authorized under 5. See Utah Code 63B-11-601
- Bond document: means :
(a) a resolution of the commission; or (b) an indenture or other similar document authorized by the commission that authorizes and secures outstanding revenue bonds from time to time. See Utah Code 63B-1b-102 - Bonding government entity: includes :
(i) a bonding political subdivision; and (ii) a public infrastructure district that is authorized to issue bonds either directly, or through the authority of a bonding political subdivision or other governmental entity. See Utah Code 63C-25-101 - Bonding political subdivision: means :
(a) the Utah Inland Port Authority, created in Section 11-58-201; (b) the Military Installation Development Authority, created in Section 63H-1-201; (c) the Point of the Mountain State Land Authority, created in Section 11-59-201; (d) the Utah Lake Authority, created in Section 11-65-201 ; or (e) the State Fair Park Authority, created in Section 11-68-201. See Utah Code 63C-25-101 - Bonds: means any bonds, bond anticipation notes, or other obligations authorized under this title for which the full faith, credit, and resources and ad valorem taxing power of the state have been pledged for the payment of the principal of and interest on the bonds. See Utah Code 63B-1-101
- Bulletin: means the Utah State Bulletin. See Utah Code 63G-3-102
- Business entity: means :
(a) a corporation; (b) an association; (c) a partnership; (d) a limited liability company; (e) a limited liability partnership; or (f) another legal entity. See Utah Code 31A-1-301 - Business interest: means :
(a) holding the position of trustee, director, officer, or other similar position with a business entity; or (b) the ownership, either legally or equitably, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity, being held by: (i) an individual; (ii) the individual's spouse; (iii) a minor child of the individual; or (iv) any combination of Subsections (2)(b)(i) through (iii). See Utah Code 63E-1-401 - Capital project: means any land, building, facility, highway, improvement, equipment, or other property, or combination of them, that the state of Utah or any of its agencies, divisions, institutions, or other administrative subunits are authorized by law to acquire or construct. See Utah Code 63B-1-101
- Capitol hill complex: is a s defined in Section 63C-9-102. See Utah Code 63G-1-702
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Casualty insurance: means liability insurance. See Utah Code 31A-1-301
- Catchline: means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as described in Section 68-3-13. See Utah Code 63G-3-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Certificate: means evidence of insurance given to:
(a) an insured under a group insurance policy; or (b) a third party. See Utah Code 31A-1-301 - Certificate holder: means a person who:
(a) requests, obtains, or possesses a certificate of insurance; and (b) is not a policyholder. See Utah Code 31A-22-1702 - Certificate of insurance: means a document that is prepared for or issued to a person who is not a policyholder as evidence of insurance, regardless of how it is titled or described. See Utah Code 31A-22-1702
- Change order: means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract. See Utah Code 63G-6a-103
- Chief procurement officer: means the individual appointed under Section 63A-2-102. See Utah Code 63G-6a-103
- Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102
- Claims-made coverage: means an insurance contract or provision limiting coverage under a policy insuring against legal liability to claims that are first made against the insured while the policy is in force. See Utah Code 31A-1-301
- Code: means the body of all effective rules as compiled and organized by the office and entitled "Utah Administrative Code. See Utah Code 63G-3-102
- Collect: includes use of any identifying code linked to a user of a governmental website. See Utah Code 63D-2-102
- Commission: means the State Bonding Commission, created in Section 63B-1-201. See Utah Code 63B-1b-102
- Commission: means the Federalism Commission, created in Section 63C-4a-302. See Utah Code 63C-4a-102
- Commission: means the Behavioral Health Crisis Response Commission created in Section 63C-18-202. See Utah Code 63C-18-102
- Commission: means the Outdoor Adventure Commission created in Section 63C-21-201. See Utah Code 63C-21-102
- Commission: means the Digital Wellness, Citizenship, and Safe Technology Commission created in Section 63C-22-201. See Utah Code 63C-22-102
- Commission: means the Personal Privacy Oversight Commission created in Section 63C-24-201. See Utah Code 63C-24-102
- Commission: means the State Finance Review Commission created in Section 63C-25-201. See Utah Code 63C-25-101
- Commission: means the Point of the Mountain Development Commission, created in Section 63C-17-103. See Utah Code 63C-17-102
- Commission: means the Cybersecurity Commission created in this chapter. See Utah Code 63C-27-101
- Commission: means the Ethnic Studies Commission created in Section 63C-28-201. See Utah Code 63C-28-101
- Commission: means the State Bonding Commission created in Section 63B-1-201. See Utah Code 63B-1-101
- committee: means the Utah Population Committee created by this chapter. See Utah Code 63C-20-102
- Committee: means the Project Entity Oversight Committee created in Section 63C-26-201. See Utah Code 63C-26-101
- Committee: means the Retirement and Independent Entities Committee created by Section 63E-1-201. See Utah Code 63E-1-102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Computer: includes any data storage device, data storage facility, or communications facility that is directly related to or that operates in conjunction with the device described in Subsection (2)(a). See Utah Code 63D-3-102
- Computer program: means :
(i) a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system; and (ii) any associated documentation and source material that explain how to operate the computer program. See Utah Code 63G-2-103 - Concessionaire: means a person who:
(a) operates, finances, maintains, or constructs a government facility under a contract with a bonding political subdivision; and (b) is not a bonding government entity. See Utah Code 63C-25-101 - Concessionaire contract: means a contract:
(a) between a bonding government entity and a concessionaire for the operation, finance, maintenance, or construction of a government facility; (b) that authorizes the concessionaire to operate the government facility for a term of five years or longer, including any extension of the contract; and (c) in which all or some of the annual source of payment to the concessionaire comes from state funds provided to the bonding government entity. See Utah Code 63C-25-101 - Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement:
(a) except: (i) reviewing a solicitation to verify that it is in proper form; and (ii) causing the publication of a notice of a solicitation; and (b) including: (i) preparing any solicitation document; (ii) appointing an evaluation committee; (iii) conducting the evaluation process, except the process relating to scores calculated for costs of proposals; (iv) selecting and recommending the person to be awarded a contract; (v) negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and (vi) contract administration. See Utah Code 63G-6a-103 - Conservation district: means the same as that term is defined in Section 17D-3-102. See Utah Code 63G-6a-103
- Consolidating county: means the county to which another county is joined or is proposed to be joined by consolidation under this part. See Utah Code 17-2-102
- Constitutional defense plan: means a plan that outlines actions and expenditures to fulfill the duties of the commission and the council. See Utah Code 63C-4a-102
- consultant: means a person who:
(a) advises another person about insurance needs and coverages; (b) is compensated by the person advised on a basis not directly related to the insurance placed; and (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301 - Continuance: Putting off of a hearing ot trial until a later time.
- Contract: means an annuity contract. See Utah Code 31A-22-1902
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:
(a) implementing the contract; (b) ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor; (c) executing change orders; (d) processing contract amendments; (e) resolving, to the extent practicable, contract disputes; (f) curing contract errors and deficiencies; (g) terminating a contract; (h) measuring or evaluating completed work and contractor performance; (i) computing payments under the contract; and (j) closing out a contract. See Utah Code 63G-6a-103 - Contractor: means :
(i) any person who contracts with a governmental entity to provide goods or services directly to a governmental entity; or (ii) any private, nonprofit organization that receives funds from a governmental entity. See Utah Code 63G-2-103 - Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103
- Controlled record: means a record containing data on individuals that is controlled as provided by Section 63G-2-304. See Utah Code 63G-2-103
- Conviction: A judgement of guilt against a criminal defendant.
- Cooperative procurement: means procurement conducted by, or on behalf of:
(a) more than one procurement unit; or (b) a procurement unit and a cooperative purchasing organization. See Utah Code 63G-6a-103 - Cooperative purchasing organization: means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105. See Utah Code 63G-6a-103
- 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: means an insurance corporation, except when referring to:
(i) a corporation doing business: (A) as: (I) an insurance producer; (II) a surplus lines producer; (III) a limited line producer; (IV) a consultant; (V) a managing general agent; (VI) a reinsurance intermediary; (VII) a third party administrator; or (VIII) an adjuster; and (B) under: (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries; (II) Chapter 25, Third Party Administrators; or (III) Chapter 26, Insurance Adjusters; or (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301 - Cost-reimbursement contract: means a contract under which a contractor is reimbursed for costs which are allowed and allocated in accordance with the contract terms and the provisions of this chapter, and a fee, if any. See Utah Code 63G-6a-103
- Council: means the Constitutional Defense Council, created in Section 63C-4a-202. See Utah Code 63C-4a-102
- Council: means the Education and Mental Health Coordinating Council created in Section 63C-23-201. See Utah Code 63C-23-102
- Council: means the Snake Valley Aquifer Advisory Council created in Section 63C-12-103. See Utah Code 63C-12-102
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Court website: means a website on the Internet that is operated by or on behalf of any court created in Title 78A, Chapter 1, Judiciary. See Utah Code 63D-2-102
- Creating entity: means the same as that term is defined in Section 17D-4-102. See Utah Code 63C-25-101
- Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments coming due on a specific loan or other credit transaction while the debtor has a disability. See Utah Code 31A-22-802
- Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
- Credit life insurance: means life insurance on the life of a debtor in connection with a specific loan or credit transaction. See Utah Code 31A-22-802
- Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
- Credit transaction: means any transaction under which the payment for money loaned or for goods, services, or properties sold or leased is to be made on future dates. See Utah Code 31A-22-802
- Creditable coverage: includes coverage that is offered through a public health plan such as:
(i) the Primary Care Network Program under a Medicaid primary care network demonstration waiver obtained subject to Section 26B-3-108; (ii) the Children's Health Insurance Program under Section 26B-3-904; or (iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. See Utah Code 31A-1-301 - Creditor: means a person, including an insured, having a claim, whether:
(a) matured; (b) unmatured; (c) liquidated; (d) unliquidated; (e) secured; (f) unsecured; (g) absolute; (h) fixed; or (i) contingent. See Utah Code 31A-1-301 - Creditor: means the lender of money or the vendor or lessor of goods, services, or property, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of any lender or vendor. See Utah Code 31A-22-802
- Critical infrastructure: includes the following sectors the United States Department of Homeland Security identifies as critical:
(a) chemical; (b) commercial facilities; (c) communications; (d) critical manufacturing; (e) dams; (f) defense industrial base; (g) emergency services; (h) energy; (i) financial services; (j) food and agriculture; (k) government facilities; (l) healthcare and public health; (m) information technology; (n) nuclear reactors, nuclear materials, and nuclear waste; (o) transportation systems; and (p) water and wastewater systems. See Utah Code 63C-27-101 - Customer: means a person who purchases portable electronics. See Utah Code 31A-22-1802
- Cyber-bullying: means the same as that term is defined in Section 53G-9-601. See Utah Code 63C-22-102
- Damage: includes :
(i) the cost of repairing or restoring a protected computer; (ii) economic damages; (iii) consequential damages, including interruption of service; and (iv) profit by the individual from the unauthorized access to the protected computer. See Utah Code 63D-3-102 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
- Death master file: means the United States Social Security Administration's Death Master File or another database or service that is at least as comprehensive as the United States Social Security Administration's Death Master File for determining that a person has reportedly died. See Utah Code 31A-22-1902
- Death master file match: means a search of a death master file that results in a match of the Social Security number, or the name and date of birth of an insured, annuity owner, or retained asset account holder. See Utah Code 31A-22-1902
- Debtor: means a borrower of money or a purchaser, including a lessee under a lease intended as security, of goods, services, or property, for which payment is arranged through a credit transaction. See Utah Code 31A-22-802
- Declaratory proceeding: means a proceeding authorized and governed by Section 63G-4-503. See Utah Code 63G-4-103
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Definite quantity contract: means a fixed price contract that provides for a specified amount of supplies over a specified period, with deliveries scheduled according to a specified schedule. See Utah Code 63G-6a-103
- Department: means the Department of Commerce created in Section 13-1-2. See Utah Code 63C-30-101
- Department: means the Department of Government Operations created in Section 63A-1-104. See Utah Code 63G-3-102
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Dependent: A person dependent for support upon another.
- Design professional: means :
(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act; (b) an individual licensed as a professional engineer or professional land surveyor under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or (c) an individual certified as a commercial interior designer under Title 58, Chapter 86, State Certification of Commercial Interior Designers Act. See Utah Code 63G-6a-103 - Design professional procurement process: means the procurement process described in 15. See Utah Code 63G-6a-103
- Design professional services: means :
(a) professional services within the scope of the practice of architecture as defined in Section 58-3a-102; (b) professional engineering as defined in Section 58-22-102; (c) master planning and programming services; or (d) services within the scope of the practice of commercial interior design, as defined in Section 58-86-102. See Utah Code 63G-6a-103 - Design-build: means the procurement of design professional services and construction by the use of a single contract. See Utah Code 63G-6a-103
- Digital citizenship: means the norms of appropriate, responsible, and healthy behavior related to technology use, including digital literacy, ethics, etiquette, and security. See Utah Code 63C-22-102
- Director: means the director of the office. See Utah Code 63G-3-102
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
(a) perform the duties of: (i) that individual's occupation; or (ii) an occupation for which the individual is reasonably suited by education, training, or experience; or (b) perform two or more of the following basic activities of daily living: (i) eating; (ii) toileting; (iii) transferring; (iv) bathing; or (v) dressing. See Utah Code 31A-1-301 - 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 Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103
- Division: means the Division of Facilities Construction and Management. See Utah Code 63B-1-303
- Division: means the Division of Facilities Construction and Management. See Utah Code 63B-1-101
- Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
- Donor: The person who makes a gift.
- Educational procurement unit: means :
(a) a school district; (b) a public school, including a local school board or a charter school; (c) the Utah Schools for the Deaf and the Blind; (d) the Utah Education and Telehealth Network; (e) an institution of higher education of the state described in Section 53B-1-102; or (f) the State Board of Education. See Utah Code 63G-6a-103 - Effective: means operative and enforceable. See Utah Code 63G-3-102
- Elected official: means each person elected to a state office, county office, municipal office, school board or school district office, special district office, or special service district office, but does not include judges. See Utah Code 63G-2-103
- Eligible employee: includes :
(i) an owner, sole proprietor, or partner who: (A) works on a full-time basis; (B) has a normal work week of 30 or more hours; and (C) employs at least one common employee; and (ii) an independent contractor if the individual is included under a health benefit plan of a small employer. See Utah Code 31A-1-301 - Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Emergency medical condition: means a medical condition that:
(a) manifests itself by acute symptoms, including severe pain; and (b) would cause a prudent layperson possessing an average knowledge of medicine and health to reasonably expect the absence of immediate medical attention through a hospital emergency department to result in: (i) placing the layperson's health or the layperson's unborn child's health in serious jeopardy; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily organ or part. See Utah Code 31A-1-301 - Employee: includes :
(i) a governmental entity's officers, employees, servants, trustees, or commissioners; (ii) a member of a governing body; (iii) a member of a government entity board; (iv) a member of a government entity commission; (v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102; (vi) a student holding a license issued by the State Board of Education; (vii) an educational aide; (viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902; (ix) a volunteer, as defined in Section 67-20-2; and (x) a tutor. See Utah Code 63G-7-102 - Employee: means :
(a) an individual employed by an employer; or (b) an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301 - Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
- Enrolled customer: means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. See Utah Code 31A-22-1802
- Enrollee: includes an insured. See Utah Code 31A-1-301
- 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
- Ethnic studies: means the same as that term is defined in Section 53E-4-204. See Utah Code 63C-28-101
- Ex officio: Literally, by virtue of one's office.
- Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
(a) a specific physical condition; (b) a specific medical procedure; (c) a specific disease or disorder; or (d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301 - Executive branch procurement unit: means a department, division, office, bureau, agency, or other organization within the state executive branch. See Utah Code 63G-6a-103
- Executive director: means the executive director of the department. See Utah Code 63G-3-102
- Explosive: means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and (b) that contains oxidizing or combustive units or other ingredients in proportions, quantities, or packing so that: (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases; and (ii) the resultant gaseous pressures are capable of: (A) producing destructive effects on contiguous objects; or (B) causing death or serious bodily injury. See Utah Code 63G-2-103 - Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- facilities: means any public building, structure, highway, or property for any governmental purpose of state bodies, and the related and appurtenant easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and the lands, interests in land, and grounds, together with the personal property necessary, convenient, or appurtenant to them. See Utah Code 63B-1-303
- Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 63G-6a-103
- Facility: includes a golf course. See Utah Code 63B-1-303
- 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.
- Family member: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 63G-6a-2402
- Federal governmental entity: means :
(a) the president of the United States; (b) the United States Congress; (c) a United States agency; or (d) an employee or official appointed by the president of the United States. See Utah Code 63C-4a-102 - Federal law: means :
(a) an executive order by the president of the United States; (b) a statute passed by the United States Congress; (c) a regulation adopted by a United States agency; or (d) a policy statement, order, guidance, or action by: (i) a United States agency; or (ii) an employee or official appointed by the president of the United States. See Utah Code 63C-4a-102 - Fiduciary: A trustee, executor, or administrator.
- File: means to submit a document to the office as prescribed by the office. See Utah Code 63G-3-102
- Filed: means that a filing is:
(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and (iii) accompanied by the appropriate fee in accordance with: (A) Section 31A-3-103; or (B) rule. See Utah Code 31A-1-301 - Filing: when used as a noun, means an item required to be filed with the department including:
(a) a policy; (b) a rate; (c) a form; (d) a document; (e) a plan; (f) a manual; (g) an application; (h) a report; (i) a certificate; (j) an endorsement; (k) an actuarial certification; (l) a licensee annual statement; (m) a licensee renewal application; (n) an advertisement; (o) a binder; or (p) an outline of coverage. See Utah Code 31A-1-301 - Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- First party insurance: means an insurance policy or contract in which the insurer agrees to pay a claim submitted to it by the insured for the insured's losses. See Utah Code 31A-1-301
- Fixed price contract: means a contract that provides a price, for each procurement item obtained under the contract, that is not subject to adjustment except to the extent that:
(a) the contract provides, under circumstances specified in the contract, for an adjustment in price that is not based on cost to the contractor; or (b) an adjustment is required by law. See Utah Code 63G-6a-103 - Fixed price contract with price adjustment: means a fixed price contract that provides for an upward or downward revision of price, precisely described in the contract, that:
(a) is based on the consumer price index or another commercially acceptable index, source, or formula; and (b) is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103 - Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- Flag: means a depiction or emblem made from fabric or cloth. See Utah Code 63G-1-702
- 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
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Form: means one of the following prepared for general use:
(i) a policy; (ii) a certificate; (iii) an application; (iv) an outline of coverage; or (v) an endorsement. See Utah Code 31A-1-301 - Franchise insurance: means an individual insurance policy provided through a mass marketing arrangement involving a defined class of persons related in some way other than through the purchase of insurance. See Utah Code 31A-1-301
- 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.
- Governing body: means an administrative, advisory, executive, or legislative body of a public entity. See Utah Code 63G-6a-2402
- Government facility: means infrastructure, improvements, or a building that:
(a) costs more than $5,000,000 to construct; and (b) has a useful life greater than five years. See Utah Code 63C-25-101 - government requestor: means :
(1) the governor; (2) an executive branch officer other than the governor; (3) an executive branch agency; (4) a legislator, including a legislative sponsor of legislation creating an independent entity; or (5) a legislative committee. See Utah Code 63E-1-301 - Governmental entity: means :
(a) the state and its political subdivisions; and (b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102 - Governmental entity: means :
(a) an executive branch agency as defined in Section 63A-16-102; (b) the legislative branch; (c) the judicial branch; (d) the State Board of Education; (e) the Utah Board of Higher Education; (f) an institution of higher education as defined in Section 53B-1-102; and (g) a political subdivision of the state: (i) as defined in Section 17B-1-102; and (ii) including a school district. See Utah Code 63D-2-102 - Governmental entity: means :
(i) executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives; (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature; (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch; (iv) any state-funded institution of higher education or public education; or (v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103 - Governmental function: includes each activity, undertaking, or operation performed by a department, agency, employee, agent, or officer of a governmental entity. See Utah Code 63G-7-102
- Governmental website: includes a court website. See Utah Code 63D-2-102
- Governmental website operator: means a governmental entity or person acting on behalf of the governmental entity that:
(a) operates a governmental website; and (b) collects or maintains personally identifiable information from or about a user of that website. See Utah Code 63D-2-102 - Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103
- Grantor: The person who establishes a trust and places property into it.
- Gross compensation: means every form of remuneration payable for a given period to an individual for services provided including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer. See Utah Code 63G-2-103
- Group health plan: means an employee welfare benefit plan to the extent that the plan provides medical care: