Part 1 General Provisions 32B-16-101 – 32B-16-102
Part 2 Liability to Retail Licensee 32B-16-201
Part 3 Civil Action 32B-16-301 – 32B-16-302

Terms Used In Utah Code > Title 32B > Chapter 16

  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Alarm business or company: means a person engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except as provided in Subsection (1)(b). See Utah Code 58-55-102
  • Alarm system: means equipment and devices assembled for the purpose of:
    (a) detecting and signaling unauthorized intrusion or entry into or onto certain premises; or
    (b) signaling a robbery or attempted robbery on protected premises. See Utah Code 58-55-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Applicable fine: means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor:
    (a) a fine; and
    (b) administrative costs of a disciplinary proceeding. See Utah Code 32B-16-102
  • 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
  • Approved continuing education: means instruction provided through courses under a program established under Subsection 58-55-302. See Utah Code 58-55-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Electrician Licensing Board, Alarm System Security and Licensing Board, or Plumbers Licensing Board created in Section 58-55-201. See Utah Code 58-55-102
  • Commission: means the Construction Services Commission created under Section 58-55-103. See Utah Code 58-55-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Construction trade: means any trade or occupation involving:
    (a) 
    (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property; and
    (ii) constructing, remodeling, or repairing a manufactured home or mobile home as defined in Section 15A-1-302; or
    (b) installation or repair of a residential or commercial natural gas appliance or combustion system. See Utah Code 58-55-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:
    (i) a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;
    (ii) any person who represents that the person is a contractor, or will perform a service described in this Subsection (13), by advertising on a website or social media, or any other means;
    (iii) any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";
    (iv) any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or
    (v) a construction manager, construction consultant, construction assistant, or any other person who, for a fee:
    (A) performs or offers to perform construction consulting;
    (B) performs or offers to perform management of construction subcontractors;
    (C) provides or offers to provide a list of subcontractors or suppliers; or
    (D) provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Costs: means money expended for:
    (a) investigation;
    (b) abatement action;
    (c) corrective action;
    (d) judgments, awards, and settlements for bodily injury or property damage to third parties;
    (e) legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or
    (f) costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
    (a) against a person subject to administrative action; and
    (b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
  • Electrical trade: means the performance of any electrical work involved in the installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings, or appendages or appurtenances. See Utah Code 58-55-102
  • Employee: means an individual as defined by the division by rule giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services. See Utah Code 58-55-102
  • Engage in a construction trade: means to:
    (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged in a construction trade; or
    (b) use the name "contractor" or "builder" or in any other way lead a reasonable person to believe one is or will act as a contractor. See Utah Code 58-55-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial responsibility: means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare. See Utah Code 58-55-102
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Individual: means a natural person. See Utah Code 58-55-102
  • Journeyman electrician: means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
  • Journeyman plumber: means a person licensed under this chapter as a journeyman plumber having the qualifications, training, experience, and technical knowledge to engage in the plumbing trade. See Utah Code 58-55-102
  • 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.
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Master electrician: means a person licensed under this chapter as a master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
  • Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Person: means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type. See Utah Code 58-55-102
  • Person: means :Utah Code 48-2e-1156
  • Petroleum: includes crude oil or a fraction of crude oil that is liquid at:
    (a) 60 degrees Fahrenheit; and
    (b) a pressure of 14. See Utah Code 19-6-402
  • Plumbing trade: includes work pertaining to the water supply, distribution pipes, fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the safe and adequate supply of gases, together with their devices, appurtenances, and connections where installed within the outside walls of the building. See Utah Code 58-55-102
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proof of age: means :
    (i) an identification card;
    (ii) an identification that:
    (A) is substantially similar to an identification card;
    (B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
    (C) includes date of birth; and
    (D) has a picture affixed;
    (iii) a valid driver license certificate that:
    (A) includes date of birth;
    (B) has a picture affixed; and
    (C) is issued:
    (I) under Title 53, Chapter 3, Uniform Driver License Act; or
    (II) in accordance with the laws of the state in which it is issued;
    (iv) a military identification card that:
    (A) includes date of birth; and
    (B) has a picture affixed; or
    (v) a valid passport. See Utah Code 32B-1-102
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Regulated substance: includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See Utah Code 19-6-402
  • Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from an underground storage tank or petroleum storage tank. See Utah Code 19-6-402
  • Residential journeyman plumber: means a person licensed under this chapter as a residential journeyman plumber having the qualifications, training, experience, and knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings. See Utah Code 58-55-102
  • 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.
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-402
  • Unincorporated entity: means an entity that is not:
    (a) an individual;
    (b) a corporation; or
    (c) publicly traded. See Utah Code 58-55-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-501. See Utah Code 58-55-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-502 and as may be further defined by rule. See Utah Code 58-55-102
  • Violation related to a minor: means a violation under this title:
    (a) that is, in whole or in part, based on a retail licensee, or staff of the retail licensee:
    (i) selling, offering for sale, or furnishing an alcoholic product to a minor;
    (ii) purchasing or otherwise obtaining an alcoholic product for a minor;
    (iii) permitting a minor to consume an alcoholic product;
    (iv) permitting a minor to gain admittance to an area into which a minor is not permitted under this title; or
    (v) offering or providing employment to a minor that under this title may not be obtained by a minor; and
    (b) if as part of the violation the minor uses proof of age in violation of Chapter 1, Part 4, Proof of Age Act. See Utah Code 32B-16-102
  • Wages: means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount. See Utah Code 58-55-102
  • Writing: includes :Utah Code 48-2e-1156
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