Terms Used In Utah Code > Title 32B > Chapter 3 > Part 2 - Disciplinary Proceedings

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Agency: means :

  (a)	a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;

  (b)	a county, city, town, school district, or special improvement or taxing district; or

  (c)

  any other political subdivision. See Utah Code 67-20-2 Aggravating circumstances: means : (a)  prior warnings about compliance problems; (b)  a prior violation history; (c)  a lack of written policies governing employee conduct; (d)  multiple violations during the course of an investigation; (e)  efforts to conceal a violation; (f)  an intentional violation; (g)  the violation involved more than one patron or employee; or (h)  a violation that results in injury or death. See Utah Code 32B-3-102 Alcoholic beverage: means the following: (a)  beer; or (b)  liquor. See Utah Code 32B-1-102 Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. board: means the board of trustees created in Section 67-19d-202. See Utah Code 67-19d-102 board: means the board of trustees created in Section 67-19f-202. See Utah Code 67-19f-102 Brewer: means a person engaged in manufacturing: (a)  beer; (b)  heavy beer; or (c)  a flavored malt beverage. See Utah Code 32B-1-102 Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102 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 Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Compensatory service worker: means a person who performs a public service with or without compensation for an agency as a condition or part of the person's: (a)  incarceration; (b)  plea; (c)  sentence; (d)  diversion; (e)  probation; or (f)  parole. See Utah Code 67-20-2 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Department compliance officer: means an individual who is: (a)  an auditor or inspector; and (b)  employed by the department. See Utah Code 32B-1-102 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. 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 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. Final adjudication: means an adjudication for which a final judgment or order is issued that: (a)  is not appealed, and the time to appeal the judgment has expired; or (b)  is appealed, and is affirmed, in whole or in part, on appeal. See Utah Code 32B-3-102 FLSA aggregate amount: means , except as otherwise required by the United States Department of Labor, the aggregate amount of nominal fees that a supervising agency may pay a volunteer, generally not exceeding 20% of the total compensation that the supervising agency would pay a full-time employee providing the same services as the volunteer. See Utah Code 67-20-2 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19f-102 Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19d-102 intoxication: means that      an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of: (a)  an alcoholic product; (b)  a controlled substance; (c)  a substance having the property of releasing toxic vapors; or (d)  a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102 Investigator: means an individual who is: (a)  a department compliance officer; or (b)  a nondepartment enforcement officer. See Utah Code 32B-1-102 IRS aggregate amount: means the fixed or determinable income aggregate amount described in 26 C. See Utah Code 67-20-2 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. Juror: A person who is on the jury. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with 4; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g)  a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Licensee: means a person who holds a license. See Utah Code 32B-1-102 Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102 Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship: (i)  (A)  under the control of the United States Department of Defense; or (B)  of the National Guard; (ii)  that is located within the state; and (iii)  including a leased facility. See Utah Code 32B-1-102 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Mitigating circumstances: means : (a)  no prior violation history for the licensee or permittee; (b)  no prior violation history for the individual who committed the violation; (c)  motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or (d)  extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation. See Utah Code 32B-3-102 Nominal fee: means a fee described in 29 C. See Utah Code 67-20-2 Nondepartment enforcement agency: means an agency that: (a)  (i)  is a state agency other than the department; or (ii)  is an agency of a county, city, town, or metro township; and (b)  has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102 Oversight: Committee review of the activities of a Federal agency or program. Package agency: means a retail liquor location operated: (a)  under an agreement with the department; and (b)  by a person: (i)  other than the state; and (ii)  who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102 Package agent: means a person who holds a package agency. See Utah Code 32B-1-102 Permittee: means a person issued a permit under: (a)  Chapter 9, Event Permit Act; or (b)  Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Person subject to administrative action: means : (a)  a licensee; (b)  a permittee; (c)  a manufacturer; (d)  a supplier; (e)  an importer; (f)  one of the following holding a certificate of approval: (i)  an out-of-state brewer; (ii)  an out-of-state importer of beer, heavy beer, or flavored malt beverages; or (iii)  an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or (g)  staff of: (i)  a person listed in Subsections (90)(a) through (f); or (ii)  a package agent. See Utah Code 32B-1-102 Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Quorum: The number of legislators that must be present to do business. Reasonable benefits: includes , in accordance with 29 C. See Utah Code 67-20-2 Record: includes : (i)  a book; (ii)  a book of account; (iii)  a paper; (iv)  a contract; (v)  an agreement; (vi)  a document; or (vii)  a recording in any medium. See Utah Code 32B-1-102 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 68-3-12.5 Statute: A law passed by a legislature. Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. Trust fund: means the State Employees' Annual Leave Trust Fund created in Section 67-19f-201. See Utah Code 67-19f-102 Trust fund: means the State Post-Retirement Benefits Trust Fund created by Section 67-19d-201. See Utah Code 67-19d-102 Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2 Writing: includes :Utah Code 68-3-12.5