Utah Code > Title 31A > Chapter 8a > Part 2 – Licensure
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Terms Used In Utah Code > Title 31A > Chapter 8a > Part 2 - Licensure
- Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
- 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.
- Alternative nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Application: means a document:
(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 - Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Brand family: is a s defined in Section 59-14-601. See Utah Code 59-14-702
- Brand family: means :
(a) all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including: "menthol" "lights" "kings" and "100s"; and (b) any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Utah Code 59-14-601 - Cigarette: means a roll made wholly or in part of tobacco:
(a) regardless of: (i) the size of the roll; (ii) the shape of the roll; (iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or (iv) whether the tobacco is heated or burned; and (b) if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco. See Utah Code 59-14-102 - Cigarette rolling machine: means a device or machine that has the capability to produce at least 150 cigarettes in less than 30 minutes. See Utah Code 59-14-102
- Cigarette rolling machine operator: means a person who:
(a) (i) controls, leases, owns, possesses, or otherwise has available for use a cigarette rolling machine; and (ii) makes the cigarette rolling machine available for use by another person to produce a cigarette; or (b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine. See Utah Code 59-14-102 - City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Commission: means the State Tax Commission as defined in Section 59-1-101. See Utah Code 59-14-601
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consumer: means a person that is not required:
(a) under Section 59-14-201 to obtain a license under Section 59-14-202; (b) under Section 59-14-301 to obtain a license under Section 59-14-202; or (c) to obtain a license under Section 59-14-803. See Utah Code 59-14-102 - Contract: A legal written agreement that becomes binding when signed.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Distributor: means a person, wherever residing or located, who purchases nontax-paid cigarettes and stores, sells, or otherwise disposes of the cigarettes. See Utah Code 59-14-601
- Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Enrollee: includes an insured. See Utah Code 31A-1-301
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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.
- Fee: means any periodic charge for use of a discount program. See Utah Code 31A-8a-102
- Filed: means that a filing is:
(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and (iii) accompanied by the appropriate fee in accordance with: (A) Section 31A-3-103; or (B) rule. See Utah Code 31A-1-301 - Filing: when used as a noun, means an item required to be filed with the department including:
(a) a policy; (b) a rate; (c) a form; (d) a document; (e) a plan; (f) a manual; (g) an application; (h) a report; (i) a certificate; (j) an endorsement; (k) an actuarial certification; (l) a licensee annual statement; (m) a licensee renewal application; (n) an advertisement; (o) a binder; or (p) an outline of coverage. See Utah Code 31A-1-301 - Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Form: means one of the following prepared for general use:
(i) a policy; (ii) a certificate; (iii) an application; (iv) an outline of coverage; or (v) an endorsement. See Utah Code 31A-1-301 - Fraud: Intentional deception resulting in injury to another.
- Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
(a) a professional service; (b) a personal service; (c) a facility; (d) equipment; (e) a device; (f) supplies; or (g) medicine. See Utah Code 31A-1-301 - Health care provider: means a health care provider as defined in Section 78B-3-403, with the exception of "licensed athletic trainer" who:
(a) is practicing within the scope of the provider's license; and (b) has agreed either directly or indirectly, by contract or any other arrangement with a health discount program operator, to provide a discount to enrollees of a health discount program. See Utah Code 31A-8a-102 - Health discount program: means a business arrangement or contract in which a person pays fees, dues, charges, or other consideration in exchange for a program that provides access to health care providers who agree to provide a discount for health care services. See Utah Code 31A-8a-102
- Health discount program marketer: means a person, including a private label entity, that markets, promotes, sells, or distributes a health discount program but does not operate a health discount program. See Utah Code 31A-8a-102
- Health discount program operator: means a person that provides a health discount program by entering into a contract or agreement, directly or indirectly, with a person or persons in this state who agree to provide discounts for health care services to enrollees of the health discount program and determines the charge to members. See Utah Code 31A-8a-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 - 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.
- 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 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Licensee: means a person that holds a valid license to sell an electronic cigarette product or a nicotine product. See Utah Code 59-14-802
- manufacturer: means a person that:
(i) manufactures, fabricates, assembles, processes, or labels a finished cigarette; or (ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repackages, relabels, or imports an electronic cigarette product or a nicotine product. See Utah Code 59-14-102 - Marketing: means making or causing to be made any communication that contains information that relates to a product or contract regulated under this chapter. See Utah Code 31A-8a-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Utah Code 59-14-601
- Nontherapeutic nicotine device: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Nontherapeutic nicotine device substance: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Nontherapeutic nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- 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
- Participating manufacturer: has the meaning given that term in Section II(jj) of the Master Settlement Agreement and all amendments thereto. See Utah Code 59-14-601
- 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 - 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.
- Prefilled electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Prefilled nontherapeutic nicotine device: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Retailer: means a person that:
(a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or (b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state. See Utah Code 59-14-102 - 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.
- smokeless tobacco products: means chewing tobacco and snuff. See Utah Code 59-14-501
- Stamp: means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205. See Utah Code 59-14-102
- Stamping agent: means a person that is authorized to affix tax stamps to packages or other containers of cigarettes under Section 59-14-205 or any person that is required to pay the tobacco tax imposed pursuant to Section 59-14-302. See Utah Code 59-14-601
- 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
- Statute: A law passed by a legislature.
- Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
- Tobacco product: includes :
(i) a cigarette produced from a cigarette rolling machine; (ii) a little cigar; or (iii) moist snuff. See Utah Code 59-14-102 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5