Part 1 General Provisions 34-51-101 – 34-51-102
Part 2 Scope of Post-employment Restrictions 34-51-201 – 34-51-202
Part 3 Remedies 34-51-301

Terms Used In Utah Code > Title 34 > Chapter 51 - Post-employment Restrictions Act

  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Broadcasting company: means a person engaged in the business of:
    (a) distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following:
    (i) television;
    (ii) cable; or
    (iii) radio; or
    (b) preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a). See Utah Code 34-51-102
  • Broadcasting employee: means an employee of a broadcasting company. See Utah Code 34-51-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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.
  • Director: means the director of the Division of Water Quality appointed under Section 19-5-106. See Utah Code 73-3c-102
  • Electric utility: means :
    (a) a municipal electric utility, as defined in Section 10-19-102;
    (b) an electric interlocal entity, as defined in Section 11-13-103;
    (c) an energy services interlocal entity, as defined in Section 11-13-103;
    (d) a project entity, as defined in Section 11-13-103;
    (e) an electric improvement district, as defined in Section 17B-2a-406; or
    (f) an electrical corporation, as defined in Section 54-2-1. See Utah Code 73-3d-101
  • Exempt broadcasting employee: means a broadcasting employee who is compensated on a salary basis, as defined in 29 C. See Utah Code 34-51-102
  • facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
  • Governing body: means :
    (a) for a county or municipality, the legislative body of the county or municipality; and
    (b) for a special district, the board of trustees of the special district. See Utah Code 17B-1-201
  • Industrial facility: means a factory, mill, plant, mine, refinery, warehouse, or building or collection of buildings, including the land on which the facility is located, and the machinery and equipment located at or within the facility used in connection with the operation of the facility in an industrial business. See Utah Code 73-3c-102
  • Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • 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
  • Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Petition: means a petition under Subsection 17B-1-203(1)(a), (b), or (c). See Utah Code 17B-1-201
  • Political subdivision: means a county, city, town, metro township, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
  • POTW: means a publicly owned treatment works as defined by Section 19-5-102. See Utah Code 73-3c-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • project: means a project for the reuse of domestic wastewater that requires approval by the director under Section 19-5-106 and the state engineer under Section 73-3c-302. See Utah Code 73-3c-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public agency: means a public agency as defined by Section 11-13-103 that:
    (a) owns or operates a POTW;
    (b) collects and transports domestic wastewater;
    (c) holds legal title to a water right;
    (d) is delegated the right to the beneficial use or reuse of water by the legal title holder of the water right;
    (e) is a water supplier; or
    (f) sells wholesale or retail water. See Utah Code 73-3c-102
  • Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201
  • Responsible body: means the governing body of:
    (a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
    (b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:
    (i) the unincorporated part of the county; or
    (ii) more than one municipality within the county;
    (c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
    (d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • Return flow requirement: means return flow required under a water right. See Utah Code 73-3c-102
  • Reuse authorization contract: means a contract or contracts among:
    (i) a public agency proposing a water reuse project;
    (ii) the owner or operator of a POTW that treats domestic wastewater proposed for use in a reuse project;
    (iii) the owner of a domestic wastewater collection or transportation system if the reuse project will divert domestic wastewater directly from that entity's collection or transportation system;
    (iv) the legal title holder of the water right designated for use in the reuse project, unless the legal title holder of the water right has delegated to another the right to the beneficial use or reuse of the water;
    (v) each water supplier not holding legal title to the water right designated for use in the reuse project that sells or delivers water under the water right designated for use in the reuse project;
    (vi) each entity that will engage in the wholesale or retail sale of water from the water reuse project; and
    (vii) the retail water supplier retailing water that will be replaced by reuse water supplied under the proposed reuse project. See Utah Code 73-3c-102
  • Reuse water: means domestic wastewater treated to a standard acceptable under rules made by the Water Quality Board under Section 19-5-104. See Utah Code 73-3c-102
  • Road: includes :Utah Code 68-3-12.5
  • Sale of a business: means a transfer of the ownership by sale, acquisition, merger, or other method of the tangible or intangible assets of a business entity, or a division or segment of the business entity. See Utah Code 34-51-102
  • Service applicant: means a person who requests that a special district provide a service that the special district is authorized to provide. See Utah Code 17B-1-102
  • Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
    (a) this chapter; or
    (b) 
    (i) this chapter; and
    (ii) 
    (A) 1;
    (B) 2;
    (C) 3;
    (D) 4;
    (E) 5;
    (F) 6;
    (G) 7;
    (H) 8;
    (I) 9;
    (J) 10; or
    (K) 11. See Utah Code 17B-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
  • Temporary water shortage emergency: means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201. See Utah Code 73-3d-101
  • Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Water right: means :
    (a) a right to use water evidenced by any means identified in Section 73-1-10; or
    (b) a right to use water under an approved application:
    (i) to appropriate;
    (ii) for a change of use; or
    (iii) for the exchange of water. See Utah Code 73-3c-102
  • Water supplier: means an entity engaged in the delivery of water for municipal purposes. See Utah Code 73-3c-102