Terms Used In Utah Code > Title 31A > Chapter 2 > Part 4 - Title and Escrow Commission Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: means the same as that term is defined in Subsection (182). 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.
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• 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 Board: means the Professional Geologist Licensing Board created in Section 58-76-201. See Utah Code 58-76-102 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 Client: means a woman and her fetus or newborn baby under the care of a direct-entry midwife. See Utah Code 58-77-102 Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-2-402 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Concurrence: means the entities given a concurring role must jointly agree for the action to be taken. See Utah Code 31A-2-402 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. Department: means the Insurance Department. See Utah Code 31A-1-301 Direct-entry midwife: means an individual who is engaging in the practice of direct-entry midwifery. See Utah Code 58-77-102 Dual licensed title licensee: means a title licensee who holds: (a)  an individual title insurance producer license as a title licensee; and (b)  a license or certificate under: (i)  Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act; (ii)  Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or (iii)  Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act. See Utah Code 31A-2-402 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Escrow: means : (i)  a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions: (A)  the explanation, holding, or creation of a document; or (B)  the receipt, deposit, and disbursement of money; (ii)  a settlement or closing involving: (A)  a mobile home; (B)  a grazing right; (C)  a water right; or (D)  other personal property authorized by the commissioner. 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 Geology: means the science, which treats the study of the earth in general, the earth's processes and history, investigation of the earth's crust and the rocks and other materials of which it is composed, and the applied science of utilizing knowledge of the earth's history, processes, constituent rocks, minerals, liquids, gases, and other materials for the use of mankind. See Utah Code 58-76-102 Individual: means a natural person. See Utah Code 31A-1-301 Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Licensed direct-entry midwife: means a person licensed under this chapter. See Utah Code 58-77-102 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301 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 :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 Physician: means an individual licensed as a physician and surgeon, osteopathic physician, or naturopathic physician. See Utah Code 58-77-102 Practice of direct-entry midwifery: means the practice of providing the necessary supervision, care, and advice to a client during essentially normal pregnancy, labor, delivery, postpartum, and newborn periods that is consistent with national professional midwifery standards and that is based upon the acquisition of clinical skills necessary for the care of a pregnant woman and a newborn baby, including antepartum, intrapartum, postpartum, newborn, and limited interconceptual care, and includes: (a)  obtaining an informed consent to provide services; (b)  obtaining a health history, including a physical examination; (c)  developing a plan of care for a client; (d)  evaluating the results of client care; (e)  consulting and collaborating with and referring and transferring care to licensed health care professionals, as is appropriate, regarding the care of a client; (f)  obtaining medications, as specified in this Subsection (7)(f), to administer to a client, including: (i)  prescription vitamins; (ii)  Rho D immunoglobulin; (iii)  sterile water; (iv)  one dose of intramuscular oxytocin after the delivery of a baby to minimize a client's blood loss; (v)  an additional single dose of oxytocin if a hemorrhage occurs, in which case the licensed direct-entry midwife must initiate transfer if a client's condition does not immediately improve; (vi)  oxygen; (vii)  local anesthetics without epinephrine used in accordance with Subsection (7)(l); (viii)  vitamin K to prevent hemorrhagic disease of a newborn baby; (ix)  as required by law, eye prophylaxis to prevent opthalmia neonatorum; and (x)  any other medication approved by a licensed health care provider with authority to prescribe that medication; (g)  obtaining food, food extracts, dietary supplements, as defined by the federal Food, Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as prescription drugs or controlled substances, and over-the-counter medications to administer to clients; (h)  obtaining and using appropriate equipment and devices such as a Doppler, a blood pressure cuff, phlebotomy supplies, instruments, and sutures; (i)  obtaining appropriate screening and testing, including laboratory tests, urinalysis, and ultrasound scans; (j)  managing the antepartum period; (k)  managing the intrapartum period, including: (i)  monitoring and evaluating the condition of a mother and a fetus; (ii)  performing an emergency episiotomy; and (iii)  delivering a baby in any out-of-hospital setting; (l)  managing the postpartum period, including the suturing of an episiotomy and the suturing of first and second degree natural perineal and labial lacerations, including the administration of a local anesthetic; (m)  managing the newborn period, including: (i)  providing care for a newborn baby, including performing a normal newborn baby examination; and (ii)  resuscitating a newborn baby; (n)  providing limited interconceptual services in order to provide continuity of care, including: (i)  breastfeeding support and counseling; (ii)  family planning, limited to natural family planning, cervical caps, and diaphragms; and (iii)  pap smears, where each client with an abnormal result is to be referred to an appropriate licensed health care provider; and (o)  executing the orders of a licensed health care professional, if the orders are within the education, knowledge, and skill of the direct-entry midwife. See Utah Code 58-77-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301 producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301 Professional geologist: means a person licensed under this chapter to engage in the practice of geology before the public. See Utah Code 58-76-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Quorum: The number of legislators that must be present to do business. Real Estate Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 31A-2-402 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Subordinate: means any individual who practices geology or assists a professional geologist in the practice of geology before the public without assuming the responsible charge for the work. See Utah Code 58-76-102 Summons: Another word for subpoena used by the criminal justice system. Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301 Title insurance matter: means a matter related to: (a)  title insurance; (b)  an escrow conducted by an individual title insurance producer or agency title insurance producer; (c)  licensing, examination, and continuing education of an applicant to be a title licensee; or (d)  conduct of a title licensee. See Utah Code 31A-2-402 Title licensee: means a person licensed under this title as: (a)  an agency title insurance producer with a title insurance line of authority; (b)  an individual title insurance producer with: (i)  a general title insurance line of authority; or (ii)  a specific category of authority for title insurance; or (c)  a title insurance adjuster. See Utah Code 31A-2-402 Unlawful conduct: is a s defined in Sections 58-1-501 and 58-76-501. See Utah Code 58-76-102 Writing: includes :Utah Code 68-3-12.5