Terms Used In Utah Code > Title 31A > Chapter 35 - Bail Bond Act

• accounting: means :

  (a)	the systematic recording, classification, or summarizing of a financial transaction or event; and

  (b)

  the interpretation or presentation of the result of an action described in Subsection (1)(a). See Utah Code 17-19a-102 Accounting services: means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report. See Utah Code 17-19a-102 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 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 Application: means a document: (a)  (i)  completed by an applicant to provide information about the risk to be insured; and (ii)  that contains information that is used by the insurer to evaluate risk and decide whether to: (A)  insure the risk under: (I)  the coverage as originally offered; or (II)  a modification of the coverage as originally offered; or (B)  decline to insure the risk; or (b)  used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bail bond: means a bail bond insurance product for a specified monetary amount that is: (a)  executed by a bail bond producer licensed in accordance with Section 31A-35-401; and (b)  issued to a court, magistrate, or authorized officer to secure: (i)  the release of a person from incarceration; and (ii)  the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102 Bail bond agency: means any sole proprietor or entity that: (a)  is licensed under Subsection 31A-35-404(1) or (2); (b)  (i)  is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings; (ii)  pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or (iii)  pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and (c)  receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102 Bail bond insurance: means a guarantee that a person will attend court when required, up to and including surrender of the person in execution of a sentence imposed under Subsection 77-20-501(1), as a condition to the release of that person from confinement. See Utah Code 31A-1-301 Bail bond producer: means an individual who: (a)  is appointed by: (i)  a surety insurer that sells bail bonds; or (ii)  a bail bond agency licensed under this chapter; (b)  is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and (c)  receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102 Board: means the Bail Bond Oversight Board created in Section 31A-35-201. See Utah Code 31A-35-102 Book: means a financial record of the county, regardless of a record's format. See Utah Code 17-19a-102 Captive insurance company: means : (a)  an insurer: (i)  owned by a parent organization; and (ii)  whose purpose is to insure risks of the parent organization and other risks as authorized under: (A)  Chapter 37, Captive Insurance Companies Act; and (B)  Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or (b)  in the case of a group or association, an insurer: (i)  owned by the insureds; and (ii)  whose purpose is to insure risks of: (A)  a member organization; (B)  a group member; or (C)  an affiliate of: (I)  a member organization; or (II)  a group member. See Utah Code 31A-1-301 Case action plan: means a document developed by the Department of Corrections that identifies: (a)  the program priorities for the treatment of the offender, including the criminal risk factors as determined by risk, needs, and responsivity assessments conducted by the department; and (b)  clearly defined completion requirements. See Utah Code 64-13-1 Certificate: means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer. See Utah Code 31A-35-102 Community correctional center: means a nonsecure correctional facility operated by the department, but does not include a behavioral health transition facility for the purposes of Section 64-13f-103. See Utah Code 64-13-1 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Contractor: means a private entity seeking to contract with or currently contracting with the department to establish or operate a private correctional facility. See Utah Code 64-13d-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting: (a)  by the department; or (b)  under a contract with the department. See Utah Code 64-13-1 Correctional services: means those services necessary for the operation of a correctional facility, including the provision of food, clothing, security, programs, and health care. See Utah Code 64-13d-102 County auditor: includes a person given the title of county controller under Subsection 17-19a-202(6). See Utah Code 17-19a-102 County executive: means the elected chief executive officer of a county. See Utah Code 17-19a-102 County legislative body: means :Utah Code 68-3-12.5 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Corrections. See Utah Code 64-13-1 Department: means the Insurance Department. See Utah Code 31A-1-301 Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301 division: means the Division of Correctional Industries. See Utah Code 64-13a-3 Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102 Emergency: means any riot, disturbance, homicide, inmate violence occurring in any correctional facility, or any situation that presents immediate danger to the safety, security, and control of the department. See Utah Code 64-13-1 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 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 64-13-1 Evidence-informed: means a program or practice that is based on research and the experience and expertise of the department. See Utah Code 64-13-1 Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Executive director: means the executive director of the Department of Corrections. See Utah Code 64-13-1 Facility: means a private correctional facility established or operated under a contract with the department. See Utah Code 64-13d-102 Fiduciary: A trustee, executor, or administrator. 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 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. 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 Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment: (a)  a professional service; (b)  a personal service; (c)  a facility; (d)  equipment; (e)  a device; (f)  supplies; or (g)  medicine. See Utah Code 31A-1-301 health insurance: means insurance providing: (i)  a health care benefit; or (ii)  payment of an incurred health care expense. See Utah Code 31A-1-301 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 Indemnitor: means an entity or natural person that enters into an agreement with a bail bond agency to hold the bail bond agency harmless from loss incurred as a result of executing a bail bond. See Utah Code 31A-35-102 Individual: means a natural person. See Utah Code 31A-1-301 Inmate: means an individual who is: (a)  committed to the custody of the department; and (b)  housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1 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 Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes: (i)  a policyholder; (ii)  a subscriber; (iii)  a member; and (iv)  a beneficiary. 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. 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 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Liability insurance: includes : (i)  vehicle liability insurance; (ii)  residential dwelling liability insurance; and (iii)  making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301 License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301 Liquid assets: means financial holdings that can be converted into cash in a timely manner without the loss of principal. See Utah Code 31A-35-102 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301 Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following: (a)  committed to the custody of the department; (b)  on probation; or (c)  on parole. See Utah Code 64-13-1 Order: means an order of the commissioner. See Utah Code 31A-1-301 Oversight: Committee review of the activities of a Federal agency or program. Performance audit: means an assessment of whether a county office, officer, department, division, court, or entity, or any related county program is: (a)  managing public resources and exercising authority in compliance with law and policy; (b)  achieving objectives and desired outcomes; and (c)  providing services effectively, efficiently, economically, ethically, and equitably. See Utah Code 17-19a-102 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Policy: includes a service contract issued by: (i)  a motor club under Chapter 11, Motor Clubs; (ii)  a service contract provided under Chapter 6a, Service Contracts; and (iii)  a corporation licensed under: (A)  Chapter 7, Nonprofit Health Service Insurance Corporations; or (B)  Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Premium: means the specified monetary amount used to purchase a bail bond. See Utah Code 31A-35-102 Principal: means a person that: (a)  guarantees the performance of a bail bond; or (b)  owns not less than 10% of the bail bond agency. See Utah Code 31A-35-102 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 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. Rate: means : (i)  the cost of a given unit of insurance; or (ii)  for property or casualty insurance, that cost of insurance per exposure unit either expressed as: (A)  a single number; or (B)  a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of: (I)  expenses; (II)  profit; and (III)  individual insurer variation in loss experience. See Utah Code 31A-1-301 Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly: (i)  a refund of premium or portion of premium; (ii)  a refund of commission or portion of commission; (iii)  a refund of all or a portion of a consultant fee; or (iv)  providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301 Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 64-13-1 Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Security: means a: (i)  note; (ii)  stock; (iii)  bond; (iv)  debenture; (v)  evidence of indebtedness; (vi)  certificate of interest or participation in a profit-sharing agreement; (vii)  collateral-trust certificate; (viii)  preorganization certificate or subscription; (ix)  transferable share; (x)  investment contract; (xi)  voting trust certificate; (xii)  certificate of deposit for a security; (xiii)  certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease; (xiv)  commodity contract or commodity option; (xv)  certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or (xvi)  another interest or instrument commonly known as a security. See Utah Code 31A-1-301 Sell: means to exchange a contract of insurance: (a)  by any means; (b)  for money or its equivalent; and (c)  on behalf of an insurance company. See Utah Code 31A-1-301 Serious illness: means , as determined by the inmate's physician, an illness that substantially impairs the inmate's quality of life. See Utah Code 64-13-1 Serious injury: means , as determined by the inmate's physician, bodily injury that involves a substantial risk of death, prolonged unconsciousness, prolonged and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 64-13-1 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. Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who: (i)  (A)  employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or (B)  if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year; (ii)  employs at least one employee on the first day of the plan year; and (iii)  for an employer who has common ownership with one or more other employers, is treated as a single employer under 26 U. See Utah Code 31A-1-301 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Surety insurer: means an insurer that: (a)  is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers; (b)  receives a certificate under this title; and (c)  sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102 Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Utah depository institution: means a depository institution, as defined in Section 7-1-103, that: (a)  has Utah as its home state; or (b)  operates a branch in Utah. See Utah Code 31A-35-102 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5