Terms Used In Utah Code > Title 35A > Chapter 3 > Part 6 - Administrative Determination of Overpayment Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrative order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• 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.
• 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.
• 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.
• Applicant: means :

  (a)	a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under 2; or

  (b)

  a public entity applying for board approval of a contract water bank under 3. See Utah Code 73-31-102 Application: means an application submitted to the board to approve a water bank. See Utah Code 73-31-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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. Banked water right: means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application. See Utah Code 73-31-102 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 Board of Water Resources. See Utah Code 73-31-102 Borrower: means a person seeking to use a banked water right within a water bank's service area. See Utah Code 73-31-102 Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102 Chambers: A judge's office. Child care services: means care of a child by a responsible person who is not the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-3-102 Circumstantial evidence: All evidence except eyewitness testimony. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. Contract: A legal written agreement that becomes binding when signed. Contract water bank: means a water bank created pursuant to 3. See Utah Code 73-31-102 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. Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102 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. Delivery request: means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application. See Utah Code 73-31-102 Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Deposit: means depositing a banked water right for use within the service area of a water bank. See Utah Code 73-31-102 Depositor: means a person seeking to deposit a water right in a water bank. See Utah Code 73-31-102 Devise: To gift property by will. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Docket: A log containing brief entries of court proceedings. Donee: The recipient of a gift. Dower: A widow 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. 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. 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 Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. 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 General assistance: means financial assistance provided to a person under 4. See Utah Code 35A-3-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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 Heretofore use: means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right. See Utah Code 73-31-102 Inter vivos: Transfer of property from one living person to another living person. Intestate: Dying without leaving a will. 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. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Loaned water rights: means a banked water right that is used pursuant to an approved delivery request. See Utah Code 73-31-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102 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. Obligor: means an individual: (a)  who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or (b)  against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102 Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment: (i)  for goods or services not provided; or (ii)  in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102 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 :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. 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 Probate: Proving a will Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public assistance: means : (a)  services or benefits provided under Chapter 3, Employment Support Act; (b)  medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance; (c)  foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act; (d)  SNAP benefits; and (e)  any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102 Public entity: means the same as that term is defined in Section 73-1-4 except for the United States or an agency of the United States. See Utah Code 73-31-102 Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102 Reporting year: means November 1 through October 31. See Utah Code 73-31-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Service area: means the geographic area where a water bank is approved to operate and operates. See Utah Code 73-31-102 SNAP: means the federal "Supplemental Nutrition Assistance Program" under Title 7, U. See Utah Code 35A-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 State engineer: means the state engineer appointed under Section 73-2-1. See Utah Code 73-31-102 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. Statutory water bank: means a water bank created pursuant to 2. See Utah Code 73-31-102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. 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 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Water bank: means a contract water bank or a statutory water bank. See Utah Code 73-31-102 Water banking website: means a website overseen by the board in accordance with Section 73-31-103. See Utah Code 73-31-102 Writing: includes :Utah Code 68-3-12.5