Part 1 General Provisions 31A-5-101 – 31A-5-109
Part 2 Organization of Corporations 31A-5-201 – 31A-5-219
Part 3 Securities of Domestic Insurance Corporations 31A-5-301 – 31A-5-307
Part 4 Management of Insurance Corporations 31A-5-401 – 31A-5-420
Part 5 Corporate Reorganization 31A-5-501 – 31A-5-509
Part 6 Miscellaneous Provisions 31A-5-601 – 31A-5-602
Part 7 Disclosure of Material Transactions 31A-5-701 – 31A-5-703

Terms Used In Utah Code > Title 31A > Chapter 5 - Domestic Stock and Mutual Insurance Corporations

  • Abatement: means a tax abatement described in Section 59-2-1803. See Utah Code 59-2-1801
  • Acquisition cost: includes :
    (i) the purchase price of a new or used item;
    (ii) the cost of freight, shipping, loading at origin, unloading at destination, crating, skidding, or any other applicable cost of shipping;
    (iii) the cost of installation, engineering, rigging, erection, or assembly, including foundations, pilings, utility connections, or similar costs; and
    (iv) sales and use taxes. See Utah Code 59-2-102
  • Actively devoted to agricultural use: means that the land in agricultural use produces in excess of 50% of the average agricultural production per acre:
    (a) as determined under Section 59-2-503; and
    (b) for:
    (i) the given type of land; and
    (ii) the given county or area. See Utah Code 59-2-502
  • Actively devoted to urban farming: means that:
    (a) land is devoted to active urban farming activities; and
    (b) the land produces greater than 50% of the average agricultural production per acre:
    (i) as determined under Section 59-2-1703; and
    (ii) for the given type of land and the given county or area. See Utah Code 59-2-1702
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrative cost: means a fee imposed to cover:
    (a) the cost of filing;
    (b) the cost of administering a garnishment;
    (c) the amount the commission pays to a depository institution in accordance with 17; or
    (d) a cost similar to Subsections (1)(a) through (c) as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-1-1402
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • 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.
  • 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 contract: means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or an endorsement contract. See Utah Code 58-87-102
  • Agreement: means an agreement described in Section 59-1-1704 between a depository institution and the commission. See Utah Code 59-1-1702
  • Air charter service: means an air carrier operation that requires the customer to hire an entire aircraft rather than book passage in whatever capacity is available on a scheduled trip. See Utah Code 59-2-102
  • Air contract service: means an air carrier operation available only to customers that engage the services of the carrier through a contractual agreement and excess capacity on any trip and is not available to the public at large. See Utah Code 59-2-102
  • Aircraft: means the same as that term is defined in Section 72-10-102. See Utah Code 59-2-102
  • airline: means an air carrier that:
    (i) operates:
    (A) on an interstate route; and
    (B) on a scheduled basis; and
    (ii) offers to fly one or more passengers or cargo on the basis of available capacity on a regularly scheduled route. See Utah Code 59-2-102
  • 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.
  • Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Appraisal: A determination of property value.
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • 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
  • assessment book: means a permanent record of the assessment of property as assessed by the county assessor and the commission and may be maintained manually or as a computerized file as a consolidated record or as multiple records by type, classification, or categories. See Utah Code 59-2-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Athlete agent: means an individual, whether or not registered under this chapter, who:
    (i) directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
    (ii) for compensation or in anticipation of compensation related to a student athlete's participation in athletics:
    (A) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
    (B) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
    (iii) in anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:
    (A) gives consideration to the student athlete or another person;
    (B) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
    (C) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes. See Utah Code 58-87-102
  • Athletic director: means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. See Utah Code 58-87-102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Ballot proposition: means :
    (i) an opinion question or other question concerning a tax increase submitted to voters for their approval or rejection; or
    (ii) a question submitted to voters concerning the issuance of bonds under Section 11-14-103. See Utah Code 59-1-1602
  • 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.
  • Base parcel: means a parcel of property that was legally:
    (a) subdivided into two or more lots, parcels, or other divisions of land; or
    (b) 
    (i) combined with one or more other parcels of property; and
    (ii) subdivided into two or more lots, parcels, or other divisions of land. See Utah Code 59-2-102
  • Board: means the Board of Oil, Gas, and Mining created in Section 40-6-4. See Utah Code 59-5-101
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Books and records: means the following made available in printed or electronic format:
    (a) an account;
    (b) a book;
    (c) an invoice;
    (d) a memorandum;
    (e) a paper;
    (f) a record; or
    (g) an item similar to Subsections (2)(a) through (f) as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-1-1402
  • Building: means an enclosed structure, including the structural, mechanical, and electrical systems, utility services, and other facilities required for the structure, that has human occupancy or habitation as its principal purpose and is subject to the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-86-102
  • Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
    (a) Section 31A-8-205; or
    (b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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
  • Certified medical language interpreter: means a medical language interpreter who has received a certificate from the division under this chapter. See Utah Code 58-80a-102
  • Certified revenue levy: means a property tax levy that provides an amount of ad valorem property tax revenue equal to the sum of:
    (i) the amount of ad valorem property tax revenue to be generated statewide in the previous year from imposing a multicounty assessing and collecting levy, as specified in Section 59-2-1602; and
    (ii) the product of:
    (A) eligible new growth, as defined in Section 59-2-924; and
    (B) the multicounty assessing and collecting levy certified by the commission for the previous year. See Utah Code 59-2-102
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • claimant: includes a surviving spouse:
    (i) regardless of:
    (A) the age of the surviving spouse; or
    (B) the age of the deceased spouse at the time of death;
    (ii) if the surviving spouse meets the requirements of this part except for the age requirement;
    (iii) if the surviving spouse is part of the same household of the deceased spouse at the time of death of the deceased spouse; and
    (iv) if the surviving spouse is unmarried at the time the surviving spouse files the claim. See Utah Code 59-2-1202
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Condensate: means those hydrocarbons, regardless of gravity, that occur naturally in the gaseous phase in the reservoir that are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface in field separators. See Utah Code 59-5-101
  • Conservation easement rollback tax: means the tax imposed under Section 59-2-506. See Utah Code 59-2-502
  • Consumer price index housing: means the Consumer Price Index - All Urban Consumers, Housing United States Cities Average, published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 59-2-1202
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • County additional property tax: means the property tax levy described in Subsection 59-2-1602(4). See Utah Code 59-2-1601
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Crude oil: means those hydrocarbons, regardless of gravity, that occur naturally in the liquid phase in the reservoir and are produced and recovered at the wellhead in liquid form. See Utah Code 59-5-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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.
  • Deferral: means a postponement of a tax due date granted in accordance with Section 59-2-1802 or 59-2-1802. See Utah Code 59-2-1801
  • Deficiency: is a s defined in Section 59-1-1402. See Utah Code 59-1-101
  • Deficiency: means :
    (a) the amount by which a tax, fee, or charge exceeds the difference between:
    (i) the sum of:
    (A) the amount shown as the tax, fee, or charge by a person on the person's return; and
    (B) any amount previously assessed, or collected without assessment, as a deficiency; and
    (ii) any amount previously abated, credited, refunded, or otherwise repaid with respect to that tax, fee, or charge; or
    (b) if a person does not show an amount as a tax, fee, or charge on the person's return, or if a person does not make a return, the amount by which the tax, fee, or charge exceeds:
    (i) the amount previously assessed, or collected without assessment, as a deficiency; and
    (ii) any amount previously abated, credited, refunded, or otherwise repaid with respect to that tax, fee, or charge. See Utah Code 59-1-1402
  • Delinquent taxpayer: means a person against whom the commission is considered to have obtained a judgment for a liability under Section 59-1-1414. See Utah Code 59-1-1702
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Dependent: A person dependent for support upon another.
  • Depository institution: is a depository institution described in Section 7-1-103 that holds or receives deposits, savings, or share accounts. See Utah Code 59-1-1702
  • Depository institution data match system: means the database that the commission develops, maintains, and operates in accordance with Section 59-1-1703. See Utah Code 59-1-1702
  • Determination date: means the date of an election at which a ballot proposition is considered by voters. See Utah Code 59-1-1602
  • Director: means a member of the board of directors of a corporation. 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:
  • Dispense: means the delivery by a prescriber of a prescription drug or device to a patient, including the packaging, labeling, and security necessary to prepare and safeguard the drug or device for supplying to a patient. See Utah Code 58-88-201
  • Dispensing practitioner: means an individual who:
    (a) is currently licensed as:
    (i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
    (ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;
    (iii) an advanced practice registered nurse under Subsection 58-31b-301(2)(d); or
    (iv) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
    (b) is authorized by state law to prescribe and administer drugs in the course of professional practice; and
    (c) practices at a licensed dispensing practice. See Utah Code 58-88-201
  • Division: means the Division of Oil, Gas, and Mining established under Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining. See Utah Code 59-5-101
  • Docket: A log containing brief entries of court proceedings.
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Donee: The recipient of a gift.
  • Drug: means the same as that term is defined in Section 58-17b-102. See Utah Code 58-88-201
  • Educational institution: includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. See Utah Code 58-87-102
  • Election officer: is a s defined in Section 20A-1-102. See Utah Code 59-1-1602
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible judgment: means a final and unappealable judgment or order under Section 59-2-1330:
    (a) that became a final and unappealable judgment or order no more than 14 months before the day on which the notice described in Section 59-2-919. See Utah Code 59-2-102
  • Eligible owner: means an owner of an attached or a detached single-family residence:
    (a) 
    (i) who is 75 years old or older on or before December 31 of the year in which the individual applies for a deferral under this part;
    (ii) whose household income does not exceed 200% of the maximum household income certified to a homeowner's credit described in Section 59-2-1208; and
    (iii) whose household liquid resources do not exceed 20 times the amount of property taxes levied on the owner's residence for the preceding calendar year; or
    (b) that is a trust described in Section 59-2-1805 if the grantor of the trust is an individual described in Subsection (3)(a). See Utah Code 59-2-1801
  • Eligible patient: means an individual who has been diagnosed with a terminal illness by a physician. See Utah Code 58-85-102
  • Eligible voter: means a person who:
    (a) has registered to vote in accordance with Title 20A, Chapter 2, Voter Registration; and
    (b) is a resident of a voting district or precinct within the taxing entity that is holding an election to consider a ballot proposition. See Utah Code 59-1-1602
  • 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 contract: means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. See Utah Code 58-87-102
  • Enhanced recovery project: means :
    (a) the injection of liquids or hydrocarbon or nonhydrocarbon gases directly into a reservoir for the purpose of:
    (i) augmenting reservoir energy;
    (ii) modifying the properties of the fluids or gases in a reservoir; or
    (iii) changing the reservoir conditions to increase the recoverable oil, gas, or oil and gas through the joint use of two or more well bores; and
    (b) a project initially approved by the board as a new or expanded enhanced recovery project on or after January 1, 1996. See Utah Code 59-5-101
  • Enrolled: means registered for courses and attending athletic practice or class. See Utah Code 58-87-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escaped property: means any property, whether personal, land, or any improvements to the property, that is subject to taxation and is:
    (i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed to the wrong taxpayer by the assessing authority;
    (ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to comply with the reporting requirements of this chapter; or
    (iii) undervalued because of errors made by the assessing authority based upon incomplete or erroneous information furnished by the taxpayer. See Utah Code 59-2-102
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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
  • 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.
  • Excess surplus: means :
    (i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:
    (A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:
    (I) 2. See Utah Code 31A-1-301
  • 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 Calendar: A list of executive business (i.e., treaties and nominations) available for consideration.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Fair market value: means the amount at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts. See Utah Code 59-2-102
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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.
  • 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
  • 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.
  • Fund: means the Property Tax Valuation Fund created in Section 59-2-1602. See Utah Code 59-2-1601
  • 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
  • Garnishment: means any legal or equitable procedure through which one or more of the following are required to be withheld for payment of an amount a person owes:
    (a) an asset of the person held by another person; or
    (b) the earnings of the person. See Utah Code 59-1-1402
  • Gas: means :
    (i) natural gas;
    (ii) natural gas liquids; or
    (iii) any mixture of natural gas and natural gas liquids. See Utah Code 59-5-101
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goodwill: means :
    (i) acquired goodwill that is reported as goodwill on the books and records that a taxpayer maintains for financial reporting purposes; or
    (ii) the ability of a business to:
    (A) generate income that exceeds a normal rate of return on assets and that results from a factor described in Subsection (16)(b); or
    (B) obtain an economic or competitive advantage resulting from a factor described in Subsection (16)(b). See Utah Code 59-2-102
  • Governing body: means :
    (a) for a county, city, or town, the legislative body of the county, city, or town;
    (b) for a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, the special district's board of trustees;
    (c) for a school district, the local board of education;
    (d) for a special service district under Title 17D, Chapter 1, Special Service District Act:
    (i) the legislative body of the county or municipality that created the special service district, to the extent that the county or municipal legislative body has not delegated authority to an administrative control board established under Section 17D-1-301; or
    (ii) the administrative control board, to the extent that the county or municipal legislative body has delegated authority to an administrative control board established under Section 17D-1-301; or
    (e) for a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, the public infrastructure district's board of trustees. See Utah Code 59-2-102
  • Governing body: is a s defined in Section 59-2-102. See Utah Code 59-1-1602
  • Grantor: The person who establishes a trust and places property into it.
  • Gross rent: means rent actually paid in cash or its equivalent solely for the right of occupancy, at arm's-length, of a residence, exclusive of charges for any utilities, services, furniture, furnishings, or personal appliances furnished by the landlord as a part of the rental agreement. See Utah Code 59-2-1202
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Health care practice: means :
    (a) a health care facility as defined in Section 26B-2-201; or
    (b) the offices of one or more private prescribers, whether for individual or group practice. See Utah Code 58-88-201
  • Highway: includes :Utah Code 68-3-12.5
  • Homeowner: means :
    (i) an individual whose name is listed on the deed of a residence; or
    (ii) if a residence is owned in a qualifying trust, an individual who is a grantor, trustor, or settlor or holds another similar role in the trust. See Utah Code 59-2-1202
  • Household: means the association of individuals who live in the same dwelling, sharing the dwelling's furnishings, facilities, accommodations, and expenses. See Utah Code 59-2-1202
  • Household: means the same as that term is defined in Section 59-2-1202. See Utah Code 59-2-1801
  • household income: means all income received by all members of a claimant's household in:
    (i) for a claimant who owns a residence, the calendar year preceding the calendar year in which property taxes are due; or
    (ii) for a claimant who rents a residence, the year for which a claim is filed. See Utah Code 59-2-1202
  • Household income: means the same as that term is defined in Section 59-2-1202. See Utah Code 59-2-1801
  • Household liquid resources: means the following resources that are not included in an individual's household income and held by one or more members of the individual's household:
    (a) cash on hand;
    (b) money in a checking or savings account;
    (c) savings certificates; and
    (d) stocks or bonds. See Utah Code 59-2-1801
  • Identical legal ownership: means legal ownership held by:
    (a) identical legal parties; or
    (b) identical legal entities. See Utah Code 59-2-502
  • Identifying information: means :
    (a) the name of the account holder;
    (b) the social security number of the account holder; or
    (c) other identifying information. See Utah Code 59-1-1702
  • Improvement: includes :
    (i) an accessory to an item described in Subsection (18)(a) if the accessory is:
    (A) essential to the operation of the item described in Subsection (18)(a); and
    (B) installed solely to serve the operation of the item described in Subsection (18)(a); and
    (ii) an item described in Subsection (18)(a) that is temporarily detached from the land for repairs and remains located on the land. See Utah Code 59-2-102
  • Income: means the sum of:
    (i) federal adjusted gross income as defined in Section 62, Internal Revenue Code; and
    (ii) nontaxable income. See Utah Code 59-2-1202
  • Incremental production: means that part of production, certified by the Division of Oil, Gas, and Mining, which is achieved from an enhanced recovery project that would not have economically occurred under the reservoir conditions existing before the project and that has been approved by the division as incremental production. See Utah Code 59-5-101
  • 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
  • Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
  • Indigent individual: is a poor individual as described in Utah Constitution, Article XIII, Section 3, Subsection (4), who:
    (a) 
    (i) is at least 65 years old; or
    (ii) is less than 65 years old and:
    (A) the county finds that extreme hardship would prevail on the individual if the county does not defer or abate the individual's taxes; or
    (B) the individual has a disability;
    (b) has a total household income, as defined in Section 59-2-1202, of less than the maximum household income certified to a homeowner's credit described in Section 59-2-1208;
    (c) resides for at least 10 months of the year in the residence that would be subject to the requested abatement or deferral; and
    (d) cannot pay the tax assessed on the individual's residence when the tax becomes due. See Utah Code 59-2-1801
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: means that:
    (a) an insurer is unable to pay the insurer's obligations as the obligations are due;
    (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
    (c) an insurer's admitted assets are less than the insurer's liabilities. 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 company: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. 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
  • Insurer: means the same as that term is defined in Section 31A-1-301. See Utah Code 58-85-102
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intangible property: means :
    (a) property that is capable of private ownership separate from tangible property, including:
    (i) money;
    (ii) credits;
    (iii) bonds;
    (iv) stocks;
    (v) representative property;
    (vi) franchises;
    (vii) licenses;
    (viii) trade names;
    (ix) copyrights; and
    (x) patents;
    (b) a low-income housing tax credit;
    (c) goodwill; or
    (d) a renewable energy tax credit or incentive, including:
    (i) a federal renewable energy production tax credit under Section 45, Internal Revenue Code;
    (ii) a federal energy credit for qualified renewable electricity production facilities under Section 48, Internal Revenue Code;
    (iii) a federal grant for a renewable energy property under American Recovery and Reinvestment Act of 2009, Pub. See Utah Code 59-2-102
  • Intercollegiate sport: means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics. See Utah Code 58-87-102
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • International Building Code: means the edition of the International Building Code, issued by the International Code Council, most recently adopted by the state in Section 15A-2-103. See Utah Code 58-86-102
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investigational device: means a device that:
    (a) meets the definition of "investigational device" in 21 C. See Utah Code 58-85-102
  • Investigational drug: means a drug that:
    (a) meets the definition of "investigational new drug" in 21 C. See Utah Code 58-85-102
  • 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
  • Land in agricultural use: means :
    (a) land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including:
    (i) forages and sod crops;
    (ii) grains and feed crops;
    (iii) livestock as defined in Section 59-2-102;
    (iv) trees and fruits; or
    (v) vegetables, nursery, floral, and ornamental stock; or
    (b) land devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government. See Utah Code 59-2-502
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means the following that a person is required to remit to the commission:
    (a) a tax, fee, or charge;
    (b) an addition to a tax, fee, or charge;
    (c) an administrative cost;
    (d) interest that accrues in accordance with Section 59-1-402; or
    (e) a penalty that accrues in accordance with Section 59-1-401. See Utah Code 59-1-1402
  • Liability: means the same as that term is defined in Section 59-1-1402. See Utah Code 59-1-1702
  • 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
  • Licensed dispensing practice: means a health care practice that is licensed as a dispensing practice under Section 58-88-202. See Utah Code 58-88-201
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means :
    (a) a domestic animal;
    (b) a fish;
    (c) a fur-bearing animal;
    (d) a honeybee; or
    (e) poultry. See Utah Code 59-2-102
  • Low-income housing tax credit: means :
    (a) a federal low-income housing tax credit under Section 42, Internal Revenue Code; or
    (b) a low-income housing tax credit under Section 59-7-607 or Section 59-10-1010. See Utah Code 59-2-102
  • mathematical error: is a s defined in Section 6213(g)(2), Internal Revenue Code. See Utah Code 59-1-1402
  • Medical language interpreter: means a person who, for compensation, performs verbal language interpretation services between a health care provider who speaks English and another person for the purpose of assisting the person in seeking or obtaining medical advice, diagnoses, or treatment. See Utah Code 58-80a-102
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Metalliferous minerals: includes any ore, metal, or other substance containing the following:
    (i) aluminum;
    (ii) antimony;
    (iii) arsenic;
    (iv) barium;
    (v) beryllium;
    (vi) bismuth;
    (vii) boron;
    (viii) cadmium;
    (ix) calcium;
    (x) cerium;
    (xi) cesium;
    (xii) chromium;
    (xiii) cobalt;
    (xiv) columbium;
    (xv) copper;
    (xvi) gallium;
    (xvii) germanium;
    (xviii) gold;
    (xix) hafnium;
    (xx) indium;
    (xxi) iridium;
    (xxii) iron;
    (xxiii) lanthanum;
    (xxiv) lead;
    (xxv) lithium;
    (xxvi) manganese;
    (xxvii) mercury;
    (xxviii) molybdenum;
    (xxix) nickel;
    (xxx) osmium;
    (xxxi) palladium;
    (xxxii) platinum;
    (xxxiii) praseodymium;
    (xxxiv) rare earth metals;
    (xxxv) rhenium;
    (xxxvi) rhodium;
    (xxxvii) rubidium;
    (xxxviii) ruthenium;
    (xxxix) samarium;
    (xl) scandium;
    (xli) selenium;
    (xlii) silicon;
    (xliii) silver;
    (xliv) sodium;
    (xlv) strontium;
    (xlvi) tantalum;
    (xlvii) tellurium;
    (xlviii) thallium;
    (xlix) thorium;
    (l) tin;
    (li) titanium;
    (lii) tungsten;
    (liii) uranium;
    (liv) vanadium;
    (lv) yttrium;
    (lvi) zinc; or
    (lvii) zirconium. See Utah Code 59-5-201
  • Mine: means an operation for extracting minerals and includes any deposit of valuable metalliferous minerals that are being extracted from a natural deposit, or a secondary source including tails, slag, waste dumps, or other similar secondary source, whether in solution or otherwise. See Utah Code 59-5-201
  • Mine: means a natural deposit of either metalliferous or nonmetalliferous valuable mineral. See Utah Code 59-2-102
  • minimum required capital: means the capital that must be constantly maintained by a stock insurance corporation as required by statute. See Utah Code 31A-1-301
  • Mining: includes the process of leaching minerals from their naturally occurring deposit. See Utah Code 59-5-201
  • Mining: means the process of producing, extracting, leaching, evaporating, or otherwise removing a mineral from a mine. See Utah Code 59-2-102
  • Mobile flight equipment: means tangible personal property that is owned or operated by an air charter service, air contract service, or airline and:
    (i) is capable of flight or is attached to an aircraft that is capable of flight; or
    (ii) is contained in an aircraft that is capable of flight if the tangible personal property is intended to be used:
    (A) during multiple flights;
    (B) during a takeoff, flight, or landing; and
    (C) as a service provided by an air charter service, air contract service, or airline. See Utah Code 59-2-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor club: means a person:
    (a) licensed under:
    (i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
    (ii) Chapter 11, Motor Clubs; or
    (iii) Chapter 14, Foreign Insurers; and
    (b) that promises for an advance consideration to provide for a stated period of time one or more:
    (i) legal services under Subsection 31A-11-102(1)(b);
    (ii) bail services under Subsection 31A-11-102(1)(c); or
    (iii) 
    (A) trip reimbursement;
    (B) towing services;
    (C) emergency road services;
    (D) stolen automobile services;
    (E) a combination of the services listed in Subsections (126)(b)(iii)(A) through (D); or
    (F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
  • Multicounty Appraisal Trust: means the Multicounty Appraisal Trust created by an agreement:
    (a) entered into by all of the counties in the state; and
    (b) authorized by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 59-2-1601
  • Multicounty assessing and collecting levy: means a property tax levied in accordance with Subsection 59-2-1602(2). See Utah Code 59-2-1601
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • mutual corporation: means a mutual insurance corporation. See Utah Code 31A-1-301
  • National certification organization: means one of the following national organizations that certifies medical interpreters:
    (a) the National Board of Certification for Medical Interpreters; or
    (b) the Certification Commission for Healthcare Interpreters. See Utah Code 58-80a-102
  • National standards of practice: means the National Standards of Practice, published by the National Council on Interpreting in Health Care. See Utah Code 58-80a-102
  • Natural gas: means those hydrocarbons, other than oil and other than natural gas liquids separated from natural gas, that occur naturally in the gaseous phase in the reservoir and are produced and recovered at the wellhead in gaseous form. See Utah Code 59-5-101
  • Natural gas liquids: means those hydrocarbons initially in reservoir natural gas, regardless of gravity, that are separated in gas processing plants from the natural gas as liquids at the surface through the process of condensation, absorption, adsorption, or other methods. See Utah Code 59-5-101
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • 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.
  • Oil: means :
    (i) crude oil;
    (ii) condensate; or
    (iii) any mixture of crude oil and condensate. See Utah Code 59-5-101
  • Oil or gas field: means a geographical area overlying oil or gas structures. See Utah Code 59-5-101
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Ore: includes any metalliferous material whose metal content is less than 15% and does not include any material whose metal content is 15% or greater. See Utah Code 59-5-201
  • Other eligible acreage: means land that is:
    (a) five or more contiguous acres;
    (b) eligible for assessment under this part; and
    (c) 
    (i) located in the same county as land described in Subsection 59-2-503(1)(a); or
    (ii) contiguous across county lines with land described in Subsection 59-2-503(1)(a) as provided in Section 59-2-512. See Utah Code 59-2-502
  • owned: includes a vendee in possession under a land contract or one or more joint tenants or tenants in common. See Utah Code 59-2-1202
  • Owner: means any person having a working interest, royalty interest, payment out of production, or any other interest in the oil or gas produced or extracted from an oil or gas well in the state, or in the proceeds of this production. See Utah Code 59-5-101
  • Part-year residential property: means property that is not residential property on January 1 of a calendar year but becomes residential property after January 1 of the calendar year. See Utah Code 59-2-102
  • 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.
  • Permanent surplus: means the surplus of an insurer or organization that is designated by the insurer or organization as permanent. See Utah Code 31A-1-301
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 58-87-102
  • 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.
  • Personal property: includes :
    (a) every class of property as defined in Subsection (29) that is the subject of ownership and is not real estate or an improvement;
    (b) any pipe laid in or affixed to land whether or not the ownership of the pipe is separate from the ownership of the underlying land, even if the pipe meets the definition of an improvement;
    (c) bridges and ferries;
    (d) livestock; and
    (e) outdoor advertising structures as defined in Section 72-7-502. See Utah Code 59-2-102
  • Physician: means an individual who is licensed under:
    (a) Title 58, Chapter 67, Utah Medical Practice Act; or
    (b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-85-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Platted: means land in which:
    (a) parcels of ground are laid out and mapped by their boundaries, course, and extent; and
    (b) the plat has been approved as provided in Section 10-9a-604 or 17-27a-604. See Utah Code 59-2-502
  • 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
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. 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
  • Practice of commercial interior design: means , in relation to obtaining a building permit independent of an architect licensed under Title 58, Chapter 3a, Architects Licensing Act, the preparation of a plan or specification for, or the supervision of new construction, alteration, or repair of, an interior space within a newly constructed or existing building when the core and shell structural elements are not going to be changed. See Utah Code 58-86-102
  • Practice of music therapy: means the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship. See Utah Code 58-84-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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.
  • Proceeding: includes an action or special statutory proceeding. 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
  • processing costs: means the reasonable actual costs of processing oil or gas to remove:
    (i) natural gas liquids; or
    (ii) contaminants. See Utah Code 59-5-101
  • 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
  • Producer: means any working interest owner in any lands in any oil or gas field from which gas or oil is produced. See Utah Code 59-5-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property: means property that is subject to assessment and taxation according to its value. See Utah Code 59-2-102
  • property taxes accrued: includes taxes imposed on both the land upon which the home is situated and on the structure of the home itself, whether classified as real property or personal property taxes. See Utah Code 59-2-1202
  • Property taxes due: means the taxes due on an indigent individual's property:
    (a) for which a county granted an abatement under Section 59-2-1803; and
    (b) for the calendar year for which the county grants the abatement. See Utah Code 59-2-1801
  • Property taxes paid: means an amount equal to the sum of:
    (a) the amount of property taxes the indigent individual paid for the taxable year for which the indigent individual applied for the abatement; and
    (b) the amount of the abatement the county grants under Section 59-2-1803. See Utah Code 59-2-1801
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public utility: means :
    (i) the operating property of a railroad, gas corporation, oil or gas transportation or pipeline company, coal slurry pipeline company, electrical corporation, sewerage corporation, or heat corporation where the company performs the service for, or delivers the commodity to, the public generally or companies serving the public generally, or in the case of a gas corporation or an electrical corporation, where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use; and
    (ii) the operating property of any entity or person defined under Section 54-2-1 except water corporations. See Utah Code 59-2-102
  • qualifying exempt primary residential rental personal property: means household furnishings, furniture, and equipment that:
    (i) are used exclusively within a dwelling unit that is the primary residence of a tenant;
    (ii) are owned by the owner of the dwelling unit that is the primary residence of a tenant; and
    (iii) after applying the residential exemption described in Section 59-2-103, are exempt from taxation under this chapter in accordance with Subsection 59-2-1115(2). See Utah Code 59-2-102
  • Qualifying trust: means a trust holding title to real or tangible personal property for which an individual:
    (a) makes a claim under this part;
    (b) proves to the satisfaction of the county that title to the portion of the trust will revest in the individual upon the exercise of a power:
    (i) by:
    (A) the individual as grantor, trustor, settlor, or in another similar role of the trust;
    (B) a nonadverse party; or
    (C) both the individual and a nonadverse party; and
    (ii) regardless of whether the power is a power:
    (A) to revoke;
    (B) to terminate;
    (C) to alter;
    (D) to amend; or
    (E) to appoint; and
    (c) is obligated to pay the taxes on that portion of the trust property beginning January 1 of the year the individual makes the claim. See Utah Code 59-2-1202
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
    (a) the possession of, claim to, ownership of, or right to the possession of land;
    (b) all mines, minerals, and quarries in and under the land, all timber belonging to individuals or corporations growing or being on the lands of this state or the United States, and all rights and privileges appertaining to these; and
    (c) improvements. See Utah Code 59-2-102
  • Recompletion: means any downhole operation that is:
    (a) conducted to reestablish the producibility or serviceability of a well in any geologic interval; and
    (b) approved by the division as a recompletion. See Utah Code 59-5-101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 58-87-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recruit or solicit: means attempting to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. See Utah Code 58-87-102
  • Registration: means registration as an athlete agent under this chapter. See Utah Code 58-87-102
  • 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
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Relative: means a spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or a spouse of any of these individuals. See Utah Code 59-2-1801
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rental assistance payment: means any payment that:
    (i) is made by a:
    (A) governmental entity;
    (B) charitable organization; or
    (C) religious organization; and
    (ii) is specifically designated for the payment of rent of a claimant:
    (A) for the calendar year for which the claimant seeks a renter's credit under this part; and
    (B) regardless of whether the payment is made to the claimant or the landlord. See Utah Code 59-2-1202
  • Residence: means real property where an individual resides, including:
    (a) a mobile home, as defined in Section 41-1a-102; or
    (b) a manufactured home, as defined in Section 41-1a-102. See Utah Code 59-2-1801
  • Residence: includes a dwelling that is:
    (A) a part of a multidwelling or multipurpose building and a part of the land upon which the multidwelling or multipurpose building is built; and
    (B) a mobile home or houseboat. See Utah Code 59-2-1202
  • Residential dwelling liability insurance: means insurance against liability resulting from or incident to the ownership, maintenance, or use of a residential dwelling that is a detached single family residence or multifamily residence up to four units. See Utah Code 31A-1-301
  • Residential property: includes :
    (i) except as provided in Subsection (34)(b)(ii), includes household furnishings, furniture, and equipment if the household furnishings, furniture, and equipment are:
    (A) used exclusively within a dwelling unit that is the primary residence of a tenant; and
    (B) owned by the owner of the dwelling unit that is the primary residence of a tenant; and
    (ii) if the county assessor determines that the property will be used for residential purposes as a primary residence:
    (A) property under construction; or
    (B) unoccupied property. See Utah Code 59-2-102
  • Road: includes :Utah Code 68-3-12.5
  • Rollback tax: means the tax imposed under Section 59-2-1705. See Utah Code 59-2-1702
  • Rollback tax: means the tax imposed under Section 59-2-506. See Utah Code 59-2-502
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Sign: means , with present intent to authenticate or adopt a record:
    (a) to execute or adopt a tangible symbol; or
    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 58-87-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Solid hydrocarbons: means :
    (a) coal;
    (b) gilsonite;
    (c) ozocerite;
    (d) elaterite;
    (e) oil shale;
    (f) tar sands; and
    (g) all other hydrocarbon substances that occur naturally in solid form. See Utah Code 59-5-101
  • specie legal tender: means gold or silver coin that is issued by the United States. See Utah Code 59-1-1501.1
  • Split estate mineral rights owner: means a person that:
    (a) has a legal right to extract a mineral from property;
    (b) does not hold more than a 25% interest in:
    (i) the land surface rights of the property where the wellhead is located; or
    (ii) an entity with an ownership interest in the land surface rights of the property where the wellhead is located;
    (c) is not an entity in which the owner of the land surface rights of the property where the wellhead is located holds more than a 25% interest; and
    (d) does not have a relationship with an owner of the land surface rights of the property where the wellhead is located. See Utah Code 59-2-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 58-87-102
  • 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 certification: means a designation granted by the division on behalf of the state to an individual who has met the requirements for state certification related to an occupation or profession described in this chapter. See Utah Code 58-84-102
  • State certification: means a designation granted by the division on behalf of the state to an individual who has met the requirements for state certification related to an occupation or profession described in this chapter. See Utah Code 58-86-102
  • State certified: means , when used in conjunction with an occupation or profession described in this chapter, a title that:
    (a) may be used by a person who has met the state certification requirements related to that occupation or profession described in this chapter; and
    (b) may not be used by a person who has not met the state certification requirements related to that occupation or profession described in this chapter. See Utah Code 58-84-102
  • State certified: means , when used in conjunction with an occupation or profession described in this chapter, a title that:
    (a) may be used by a person who has met the state certification requirements related to that occupation or profession described in this chapter; and
    (b) may not be used by a person who has not met the state certification requirements related to that occupation or profession described in this chapter. See Utah Code 58-86-102
  • State-assessed commercial vehicle: means :
    (i) any commercial vehicle, trailer, or semitrailer that operates interstate or intrastate to transport passengers, freight, merchandise, or other property for hire; or
    (ii) any commercial vehicle, trailer, or semitrailer that operates interstate and transports the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 59-2-102
  • Statewide property tax system: means a computer assisted system for mass appraisal, equalization, collection, distribution, and administration related to property tax, created in accordance with Section 59-2-1606. See Utah Code 59-2-1601
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stock corporation: means a stock insurance corporation. See Utah Code 31A-1-301
  • Student athlete: means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. See Utah Code 58-87-102
  • Subdivided lot: means a lot, parcel, or other division of land, that is a division of a base parcel. See Utah Code 59-2-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Tax area: means a geographic area created by the overlapping boundaries of one or more taxing entities. See Utah Code 59-2-102
  • Tax equivalent payment: means a payment required or authorized by statute to be made in lieu of ad valorem taxes on tax exempt property pursuant to a contract entered into under statutory authority and filed with the county assessor of the county in which the property is located. See Utah Code 59-3-102
  • Tax equivalent property: means property on which any tax equivalent payment is made. See Utah Code 59-3-102
  • Tax increase: means :
    (a) for a property tax, the imposition of a property tax rate or increase in a property tax rate if the imposition or increase is required to be submitted to voters for their approval or rejection; or
    (b) for a sales and use tax imposed under Chapter 12, Sales and Use Tax Act, a sales and use tax rate that:
    (i) is not currently imposed; or
    (ii) exceeds the sales and use tax rate that is currently imposed. See Utah Code 59-1-1602
  • Tax notice charge: means an amount that:Utah Code 59-2-1301.5
  • Tax notice charge entity: means the entity that certifies to the county treasurer an outstanding amount that:Utah Code 59-2-1301.5
  • Taxable value: means fair market value less any applicable reduction allowed for residential property under Section 59-2-103. See Utah Code 59-2-102
  • Taxing entity: means any county, city, town, school district, special taxing district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or other political subdivision of the state with the authority to levy a tax on property. See Utah Code 59-2-102
  • Taxing entity: means :
    (a) a taxing entity as defined in Section 59-2-102; or
    (b) a county, city, or town authorized to impose a sales and use tax under Chapter 12, Sales and Use Tax Act. See Utah Code 59-1-1602
  • Telecommunications service provider: means the same as that term is defined in Section 59-12-102. See Utah Code 59-2-102
  • Terminal illness: means a condition of a patient that:
    (a) as determined by a physician:
    (i) is likely to pose a greater risk to the patient than the risk posed to the patient by treatment with an investigational drug or investigational device; and
    (ii) will inevitably lead to the patient's death; and
    (b) presents the patient, after the patient has explored conventional therapy options, with no treatment option that is satisfactory or comparable to treatment with an investigational drug or device. See Utah Code 58-85-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
    (a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
    (b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transferee: means :
    (a) a devisee;
    (b) a distributee;
    (c) a donee;
    (d) an heir;
    (e) a legatee; or
    (f) a person similar to Subsections (8)(a) through (e) as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-1-1402
  • Transportable factory-built housing unit: means a:
    (a) mobile home; or
    (b) manufactured home. See Utah Code 59-2-1502
  • Transportable factory-built housing unit park: means any tract of land on which two or more unit spaces are:
    (a) leased;
    (b) rented; or
    (c) offered for:
    (i) lease; or
    (ii) rent. See Utah Code 59-2-1502
  • transportation costs: means the reasonable actual costs of transporting oil or gas products from the well to the point of sale. See Utah Code 59-5-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribe: means the Ute Indian Tribe of the Uintah and Ouray Reservation. See Utah Code 59-5-101
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • unit: refers to the parcel of property covered by a single tax statement of which the residence is a part. See Utah Code 59-2-1202
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-86-301. See Utah Code 58-86-102
  • Urban farming: means :
    (a) cultivating food or other marketable crop or engaging in livestock production, including grazing; and
    (b) performing the activity described in Subsection (3)(a) with a reasonable expectation of profit and from irrigated land located in a county that has adopted an ordinance governing urban farming in accordance with Section 59-2-1714. See Utah Code 59-2-1702
  • Venue: The geographical location in which a case is tried.
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Well or wells: means any extractive means from which oil or gas is produced or extracted, located within an oil or gas field, and operated by one person. See Utah Code 59-5-101
  • Wildcat well: means an oil and gas producing well which is drilled and completed in a pool, as defined under Section 40-6-2, in which a well has not been previously completed as a well capable of producing in commercial quantities. See Utah Code 59-5-101
  • Withdrawn from this part: means that land that has been assessed under this part is no longer assessed under this part or eligible for assessment under this part for any reason including that:
    (a) an owner voluntarily requests that the land be withdrawn from this part;
    (b) the land is no longer actively devoted to urban farming;
    (c) 
    (i) the land has a change in ownership; and
    (ii) 
    (A) the new owner fails to apply for assessment under this part as required by Section 59-2-1707; or
    (B) an owner applies for assessment under this part, as required by Section 59-2-1707, but the land does not meet the requirements of this part to be assessed under this part;
    (d) 
    (i) the legal description of the land changes; and
    (ii) 
    (A) an owner fails to apply for assessment under this part, as required by Section 59-2-1707; or
    (B) an owner applies for assessment under this part, as required by Section 59-2-1707, but the land does not meet the requirements of this part to be assessed under this part;
    (e) the owner of the land fails to file an application as provided in Section 59-2-1707; or
    (f) except as provided in Section 59-2-1703, the land fails to meet a requirement of Section 59-2-1703. See Utah Code 59-2-1702
  • Withdrawn from this part: means that land that has been assessed under this part is no longer assessed under this part or eligible for assessment under this part for any reason including that:
    (a) an owner voluntarily requests that the land be withdrawn from this part;
    (b) the land is no longer actively devoted to agricultural use;
    (c) 
    (i) the land has a change in ownership; and
    (ii) 
    (A) the new owner fails to apply for assessment under this part as required by Section 59-2-509; or
    (B) 
    (I) an owner applies for assessment under this part as required by Section 59-2-509; and
    (II) the land does not meet the requirements of this part to be assessed under this part;
    (d) 
    (i) the legal description of the land changes; and
    (ii) 
    (A) an owner fails to apply for assessment under this part as required by Section 59-2-509; or
    (B) 
    (I) an owner applies for assessment under this part as required by Section 59-2-509; and
    (II) the land does not meet the requirements of this part to be assessed under this part;
    (e) if required by the county assessor, the owner of the land:
    (i) fails to file a new application as provided in Subsection 59-2-508(5); or
    (ii) fails to file a signed statement as provided in Subsection 59-2-508(5); or
    (f) except as provided in Section 59-2-503, the land fails to meet a requirement of Section 59-2-503. See Utah Code 59-2-502
  • Working interest owner: means the owner of an interest in oil or gas burdened with a share of the expenses of developing and operating the property. See Utah Code 59-5-101
  • Workover: means any downhole operation that is:
    (i) conducted to sustain, restore, or increase the producibility or serviceability of a well in the geologic intervals in which the well is currently completed; and
    (ii) approved by the division as a workover. See Utah Code 59-5-101
  • 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

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