Terms Used In Utah Code > Title 31A > Chapter 40 - Professional Employer Organization Licensing Act

• Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
• administrative fee: means a fee charged to a client by a professional employer organization for a professional employer service. See Utah Code 31A-40-102
• Administrator: means the same as that term is defined in Subsection (182). 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 Alter: means to change the configuration of a heritage tree by pruning, trimming, topping, cutting, or by any other means. See Utah Code 65A-8-302 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. 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assurance organization: means a person designated as an assurance organization in accordance with Section 31A-40-303. See Utah Code 31A-40-102 authorized insurer: means an insurer: (i)  holding a valid certificate of authority to do an insurance business in this state; and (ii)  transacting business as authorized by a valid certificate. See Utah Code 31A-1-301 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Client: means a person who enters into a professional employer agreement with a professional employer organization. See Utah Code 31A-40-102 Coemployer: means : (a)  a client; or (b)  a professional employer organization. See Utah Code 31A-40-102 Coemployment relationship: means a relationship: (a)  that is intended to be ongoing rather than a temporary or project specific relationship; and (b)  wherein the rights and obligations of an employer that arise out of an employment relationship are allocated between coemployers pursuant to: (i)  a professional employer agreement; or (ii)  this chapter. See Utah Code 31A-40-102 Commercial tree species: means : (a)  Abies concolor (white fir); (b)  Abies lasiocarpa (subalpine fir); (c)  Juniperus osteosperma (Utah juniper); (d)  Juniperus scopulorum (Rocky Mountain juniper); (e)  Picea engelmannii (Engelmann spruce); (f)  Picea pungens (blue spruce); (g)  Pinus contorta (lodgepole pine); (h)  Pinus edulis (piñon pine); (i)  Pinus flexilis (limber pine); (j)  Pinus longaeva (bristlecone pine); (k)  Pinus monophylla (singleleaf piñon); (l)  Pinus ponderosa (ponderosa pine); (m)  Populous tremuloides (quaking aspen); (n)  Pseudotsuga menziesii (Douglas fir); or (o)  Quercus gambelii (gambel oak). See Utah Code 65A-8a-102 Committee: means the Heritage Trees Advisory Committee. See Utah Code 65A-8-302 controlling person: means a person who, individually or acting in concert with one or more persons, owns, directly or indirectly, 10% or more of the equity interest in a professional employer organization. See Utah Code 31A-40-102 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. County legislative body: means :Utah Code 68-3-12.5 Covered employee: means an individual who has a coemployment relationship with a client and a professional employer organization if the conditions of Section 31A-40-203 are met. See Utah Code 31A-40-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. 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 Forestry, Fire, and State Lands. See Utah Code 65A-8-302 Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1 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 Employment related economic incentive: means : (a)  (i)  a credit against or exemption from taxes due the state or a political subdivision of the state; or (ii)  an economic inducement, including a loan or a grant; and (b)  if the credit, exemption, or economic inducement described in Subsection (8)(a): (i)  is offered by the state or a political subdivision of the state; and (ii)  has an eligibility requirement that relates in whole or in part to employment including: (A)  the number of employees; or (B)  the nature of the employment. See Utah Code 31A-40-102 Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301 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 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. 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. Forest Water Quality Guidelines: means the field-applicable practice guidelines adopted by the division for use during forestry activities to protect water quality and contained within a nonpoint source management plan. See Utah Code 65A-8a-102 Forested land: means land, except land owned by the federal government or located within an incorporated city, growing commercial tree species that are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. See Utah Code 65A-8a-102 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: means the same as that term is defined in 16 C. See Utah Code 31A-40-102 Franchisee: means the same as that term is defined in 16 C. See Utah Code 31A-40-102 Franchisor: means the same as that term is defined in 16 C. See Utah Code 31A-40-102 General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of: (a)  the unincorporated land within the county; or (b)  for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guarantee: means to assume an obligation of another person if that person fails to meet the obligation. See Utah Code 31A-40-102 Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. 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 Heritage tree: means any tree or group of trees designated as such by the division, in accordance with the following criteria: (a)  any live tree or group of trees indigenous to the state, or which has adapted exceptionally well to the climatic conditions of the state, or is one of a kind; (b)  any tree or group of trees that has exceptional national, state, or local historic significance; (c)  any tree or group of trees which has an exceptional size or exceptional form for its species; (d)  any tree or group of trees which has an exceptional age for its species; or (e)  any tree or group of trees in the state which is the sole representative of its species. See Utah Code 65A-8-302 Highway: includes :Utah Code 68-3-12.5 Individual: means a natural person. See Utah Code 31A-1-301 Initial attack: means action taken by the first resource to arrive at a wildland fire incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or aggressive suppression action. See Utah Code 65A-1-1 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 Land: includes :Utah Code 68-3-12.5 Landowner: means a person who holds an ownership interest in forested land. See Utah Code 65A-8a-102 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 Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103 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 Licensee: means a person licensed under this chapter. See Utah Code 31A-40-102 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 17-27a-103 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Municipality: means a city, town, or metro township. See Utah Code 65A-1-1 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. Official map: means a map drawn by county authorities and recorded in the county recorder's office that: (a)  shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b)  provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c)  has been adopted as an element of the county's general plan. See Utah Code 17-27a-103 Operator: means a person who: (a)  is responsible for conducting forest practices; or (b)  through a contractual agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out a timber sale. See Utah Code 65A-8a-102 Order: means an order of the commissioner. See Utah Code 31A-1-301 Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. 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 any individual, partnership, corporation, or association. See Utah Code 65A-8-302 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 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 Premium: includes , however designated: (i)  an assessment; (ii)  a membership fee; (iii)  a required contribution; or (iv)  monetary consideration. See Utah Code 31A-1-301 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Professional employer agreement: means a written contract by and between a client and a professional employer organization that provides for: (a)  the coemployment of a covered employee; (b)  with respect to a covered employee, the allocation of a right or obligation of an employer between: (i)  the client; and (ii)  the professional employer organization; and (c)  the assumption of the obligations imposed by this chapter by: (i)  the client; or (ii)  the professional employer organization. See Utah Code 31A-40-102 professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102 Professional employer organization group: means two or more professional employer organizations that are majority owned or commonly controlled or directed by the same one or more persons. See Utah Code 31A-40-102 Professional employer service: means the service of entering into a coemployment relationship under this chapter under which all or a majority of the employees who provide a service to a client, or a division or work unit of a client, are covered employees. See Utah Code 31A-40-102 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 hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103 Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 17-27a-103 Qualified actuary: means an individual who: (a)  is a member in good standing of a professional actuarial accreditation organization designated by the department by rule; (b)  is qualified to sign a statement of actuarial opinion or annual statement for a professional employer organization in accordance with the qualification standards for an actuary signing an opinion or annual statement as provided by the professional actuarial accreditation organization designated under Subsection (19)(a); (c)  is familiar with the valuation requirements applicable to a professional employer organization; (d)  has not been found by the commissioner, or if so found has subsequently been reinstated as a qualified actuary, following appropriate notice and hearing to have: (i)  violated a provision of, or an obligation imposed by, statute or other law in the course of the actuary's dealings as a qualified actuary; (ii)  been found guilty of a fraudulent or dishonest practice; (iii)  demonstrated the actuary's incompetency, lack of cooperation, or untrustworthiness to act as a qualified actuary; (iv)  submitted to the commissioner during the past five years, pursuant to this rule, an actuarial opinion or memorandum that the commissioner rejected because it did not meet the provisions of rule; or (v)  resigned or been removed as an actuary within the past five years as a result of an act or omission indicated in an adverse report on examination or as a result of failure to adhere to a generally acceptable actuarial standard; and (e)  has not failed to notify the commissioner of an action taken by any commissioner of another state similar to that under Subsection (19)(d). See Utah Code 31A-40-102 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 Road: includes :Utah Code 68-3-12.5 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 Self-insurance: includes : (i)  an arrangement under which a governmental entity undertakes to indemnify an employee for liability arising out of the employee's employment; and (ii)  an arrangement under which a person with a managed program of self-insurance and risk management undertakes to indemnify the person's affiliate, subsidiary, director, officer, or employee for liability or risk that arises out of the person's relationship with the affiliate, subsidiary, director, officer, or employee. 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 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1 State: includes any department, division, or agency of the state. See Utah Code 17-27a-103 State lands: means all lands administered by the division. See Utah Code 65A-1-1 Statute: A law passed by a legislature. Temporary help service: means a service consisting of a person: (a)  recruiting and hiring the person's own employee; (b)  finding another person that wants the services of that employee; (c)  assigning the employee to: (i)  perform services at or for the other person to support or supplement the other person's employees; (ii)  provide assistance in a special work situation such as: (A)  an employee absence; (B)  a skill shortage; or (C)  a seasonal workload; or (iii)  perform a special assignment or project; and (d)  customarily reassigning the employee to another organization when the employee finishes an assignment. See Utah Code 31A-40-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Wildland: means an area where: (a)  development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and (b)  structures, if any, are widely scattered. See Utah Code 65A-1-1 Wildland fire: means a fire that consumes: (a)  wildland; or (b)  wildland-urban interface, as defined in Section 65A-8a-102. See Utah Code 65A-1-1 Wildland-urban interface: means the zone where structures and other human development meets, or intermingles with, undeveloped wildland. See Utah Code 65A-8a-102 Working capital: means the current assets minus the current liabilities of a professional employer organization determined in accordance with generally accepted accounting principles. See Utah Code 31A-40-102