Utah Code > Title 40 > Chapter 2 – Coal Mine Safety Act
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Terms Used In Utah Code > Title 40 > Chapter 2 - Coal Mine Safety Act
- Adverse action: means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
(a) discharge the person; (b) threaten the person; (c) coerce the person; (d) intimidate the person; or (e) discriminate against the person, including to discriminate in: (i) compensation; (ii) terms; (iii) conditions; (iv) location; (v) rights; (vi) immunities; (vii) promotions; or (viii) privileges. See Utah Code 40-2-102 - 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency-wide project development: means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing. See Utah Code 17C-1-1001
- 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.
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
- Certified tax rate: means the same as that term is defined in Section 59-2-924. See Utah Code 17C-1-1001
- Coal mine: means :
(b) the work of preparing extracted coal, including a coal preparation facility. See Utah Code 40-2-102 - Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
- Commissioner: means the commissioner appointed under Section 34A-1-201. See Utah Code 40-2-102
- Community: means a county or municipality. See Utah Code 17C-1-102
- Community reinvestment project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
- Cooperative development project: means project area development with impacts that extend beyond an agency's geographic boundaries to the benefit of two or more communities. See Utah Code 17C-1-1001
- Council: means the Mine Safety Technical Advisory Council created in Section 40-2-203. See Utah Code 40-2-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202. See Utah Code 40-2-102
- Economic development project: means project area development for the purpose of:
(a) creating, developing, attracting, and retaining business; (b) creating or preserving jobs; (c) stimulating business and economic activity; or (d) providing a local incentive as required by the Governor's Office of Economic Opportunity under Title 63N, Economic Opportunity Act. See Utah Code 17C-1-1001 - Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Utah Code 77-23c-101.2
- Electronic device: means a device that enables access to or use of an electronic communication service, remote computing service, or location information service. See Utah Code 77-23c-101.2
- Electronic information: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
- Eligible taxing entity: means a taxing entity that:
(a) is a municipality, a county, or a school district; and (b) contains an agency partially or completely within the taxing entity's geographic boundaries. See Utah Code 17C-1-1001 - 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.
- 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.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
- Implementation plan: means a plan adopted in accordance with Section 17C-1-1004 that:
(a) describes how the agency uses property tax revenue; and (b) guides and controls agency-wide project development. See Utah Code 17C-1-1001 - 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
- Law enforcement agency: means :Utah Code 77-23c-101.2
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Location information: includes past, current, and future location information. See Utah Code 77-23c-101.2
- Major coal mine accident: means any of the following at a coal mine located in Utah:
(a) a mine explosion; (b) a mine fire; (c) the flooding of a mine; (d) a mine collapse; or (e) the accidental death of an individual at a mine. See Utah Code 40-2-102 - Mine Safety and Health Administration: means the federal Mine Safety and Health Administration within the United States Department of Labor. See Utah Code 40-2-102
- Office: means the Utah Office of Coal Mine Safety created in Section 40-2-201. See Utah Code 40-2-102
- Oral communication: means the same as that term is defined in Section 77-23a-3. See Utah Code 77-23c-101.2
- Panel: means the Coal Miner Certification Panel created in Section 40-2-204. See Utah Code 40-2-102
- Person: means :Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
- Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
- Project area funds collection period: means the period of time that:
(a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and (b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102 - Project area incremental revenue: means the amount of revenue generated by the incremental value that a taxing entity receives after a project area funds collection period ends. See Utah Code 17C-1-1001
- Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
- Property tax revenue: means the amount of revenue generated by an agency from the property within the agency using the current taxable value of the property and the agency's certified tax rate. See Utah Code 17C-1-1001
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Quorum: The number of legislators that must be present to do business.
- remote computing service: means provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23b-1
- Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23c-101.2
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Tax increment: means the difference between:
(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and (ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102 - Taxing entity: means a public entity that:
(a) levies a tax on property located within a project area; or (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102 - Transmitted data: means electronic information that is transmitted wirelessly:Utah Code 77-23c-101.2
- 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
- Unsafe condition: means a danger that reasonably could be expected to cause serious harm to a person or property. See Utah Code 40-2-102
- Writing: includes :Utah Code 68-3-12.5