Terms Used In Utah Code > Title 31A > Chapter 40 > Part 3 - Licensing Requirements

• 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 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 Contract: A legal written agreement that becomes binding when signed. 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. 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. 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 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. 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 Guarantee: means to assume an obligation of another person if that person fails to meet the obligation. See Utah Code 31A-40-102 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 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 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. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 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. 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 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 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 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. Quorum: The number of legislators that must be present to do business. 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. Road: includes :Utah Code 68-3-12.5 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 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 State lands: means all lands administered by the division. See Utah Code 65A-1-1 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Writing: includes :Utah Code 68-3-12.5