Terms Used In Utah Code > Title 41 > Chapter 1a

• Access denial: means a governmental entity's denial, under Subsection 63G-2-204(8) or Section 63G-2-205, in whole or in part, of a record request. See Utah Code 63G-2-400.5
• Account: means the Automatic External Defibrillator Restricted Account, created in Section 26-8b-602. See Utah Code 26-8b-102
• Account: means the Constitutional Defense Restricted Account, created in Section 63C-4a-402. See Utah Code 63C-4a-102
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adjudicative proceeding: means :Utah Code 48-2e-1156
• Adjudicative proceeding: means an agency action or proceeding described in Section 63G-4-102. See Utah Code 63G-4-103
• Administrative record: means information an agency relies upon when making a rule under this chapter including:

  (a)	the proposed rule, change in the proposed rule, and the rule analysis form;

  (b)	the public comment received and recorded by the agency during the public comment period;

  (c)	the agency's response to the public comment;

  (d)	the agency's analysis of the public comment; and

  (e)

  the agency's report of its decision-making process. See Utah Code 63G-3-102 ADR: means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues. See Utah Code 63G-5-102 ADR provider: includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor. See Utah Code 63G-5-102 Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote. advisory council: means a board, commission, or council that: (a)  provides advice and makes recommendations to another person or entity who makes policy for the benefit of the general public; (b)  is created by and whose duties are provided by statute or by executive order; and (c)  performs its duties only under the supervision of another person as provided by statute. See Utah Code 41-1a-216 AED: means an automated or automatic computerized medical device that: (a)  has received pre-market notification approval from the United States Food and Drug Administration, pursuant to 21 U. See Utah Code 26-8b-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: means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or perform other similar actions or duties delegated by law. See Utah Code 63G-3-102 Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103 Agency head: means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute. See Utah Code 63G-4-103 Allegation: something that someone says happened. Amateur radio operator: means any person licensed by the Federal Communications Commission to engage in private and experimental two-way radio operation on the amateur band radio frequencies. See Utah Code 41-1a-102 Ambulance: means a ground, air, or water vehicle that: (a)  transports patients and is used to provide emergency medical services; and (b)  is required to obtain a permit under Section 26-8a-304 to operate in the state. See Utah Code 26-8a-102 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicable rulemaking authority: means : (a)  for a legislative procurement unit, the Legislative Management Committee; (b)  for a judicial procurement unit, the Judicial Council; (c)  (i)  only to the extent of the procurement authority expressly granted to the procurement unit by statute: (A)  for the building board or the Division of Facilities Construction and Management, created in Section 63A-5-201, the building board; (B)  for the Office of the Attorney General, the attorney general; and (C)  for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation; and (ii)  for each other executive branch procurement unit, the board; (d)  for a local government procurement unit: (i)  the legislative body of the local government procurement unit; or (ii)  an individual or body designated by the legislative body of the local government procurement unit; (e)  for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter; (f)  for a state institution of higher education described in: (i)  Subsections 53B-1-102(1)(a) and (c), the State Board of Regents; or (ii)  Subsection 53B-1-102(1)(b), the Utah System of Technical Colleges Board of Trustees; (g)  for the State Board of Education, the State Board of Education; (h)  for a public transit district, the chief executive of the public transit district; (i)  for a local district other than a public transit district or for a special service district: (i)  before January 1, 2015, the board of trustees of the local district or the governing body of the special service district; or (ii)  on or after January 1, 2015, the board, except to the extent that the board of trustees of the local district or the governing body of the special service district makes its own rules: (A)  with respect to a subject addressed by board rules; or (B)  that are in addition to board rules; (j)  for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority Board, created in Section 63H-7a-203; or (k)  for any other procurement unit, the board. See Utah Code 63G-6a-103 Appointing officer: means :Utah Code 63G-6a-1701.5 Appraisal: A determination of property value. Approved vendor: means a person who has been approved for inclusion on an approved vendor list through the approved vendor list process. See Utah Code 63G-6a-103 Approved vendor list: means a list of approved vendors established under Section 63G-6a-507. See Utah Code 63G-6a-103 Approved vendor list process: means the procurement process described in Section 63G-6a-507. See Utah Code 63G-6a-103 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156 Arrest: Taking physical custody of a person by lawful authority. Asset: means property of all kinds, real and personal, tangible and intangible, and includes: (a)  cash, except reasonable compensation or salary for services rendered; (b)  stock or other investments; (c)  goodwill; (d)  real property; (e)  an ownership interest; (f)  a license; (g)  a cause of action; and (h)  any similar property. See Utah Code 63E-1-401 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Audit: means : (a)  a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or (b)  a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations. See Utah Code 63G-2-103 Authorizing statute: means the statute creating an entity as an independent entity. See Utah Code 63E-1-102 Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103 Bidding process: means the procurement process described in Part 6, Bidding. See Utah Code 63G-6a-103 Board: means the Utah State Procurement Policy Board, created in Section 63G-6a-202. See Utah Code 63G-6a-103 Board: means the State Building Board. See Utah Code 63B-1-101 Board: means the Technology Advisory Board created in Section 63F-1-202. See Utah Code 63F-1-102 Bonds: means any bonds, bond anticipation notes, or other obligations authorized under this title for which the full faith, credit, and resources and ad valorem taxing power of the state have been pledged for the payment of the principal of and interest on the bonds. See Utah Code 63B-1-101 Branded title: means a title certificate that is labeled: (a)  rebuilt and restored to operation; (b)  flooded and restored to operation; or (c)  not restored to operation. See Utah Code 41-1a-102 Building board: means the State Building Board, created in Section 63A-5-101. See Utah Code 63G-6a-103 Bulletin: means the Utah State Bulletin. See Utah Code 63G-3-102 Bureau: means the Bureau of Emergency Medical Services, within the department. See Utah Code 26-8b-102 Business data: means data collected by the state about a person doing business in the state. See Utah Code 41-1a-901 Business database: means the database described in Subsection 63F-3-103(1). See Utah Code 41-1a-901 Business interest: means : (a)  holding the position of trustee, director, officer, or other similar position with a business entity; or (b)  the ownership, either legally or equitably, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity, being held by: (i)  an individual; (ii)  the individual's spouse; (iii)  a minor child of the individual; or (iv)  any combination of Subsections (2)(b)(i) through (iii). See Utah Code 63E-1-401 Camper: means any structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping. See Utah Code 41-1a-102 Capital project: means any land, building, facility, highway, improvement, equipment, or other property, or combination of them, that the state of Utah or any of its agencies, divisions, institutions, or other administrative subunits are authorized by law to acquire or construct. See Utah Code 63B-1-101 Capitol hill complex: is a s defined in Section 63C-9-102. See Utah Code 63G-1-702 Case law: The law as laid down in cases that have been decided in the decisions of the courts. Catchline: means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as described in Section 68-3-13. See Utah Code 63G-3-102 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Center: means the Automated Geographic Reference Center created in Section 63F-1-506. See Utah Code 63F-1-502 Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102 Change order: means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract. See Utah Code 63G-6a-103 Chief information officer: means the chief information officer appointed under Section 63F-1-201. See Utah Code 63F-1-102 Chief procurement officer: means the chief procurement officer appointed under Subsection 63G-6a-302(1). See Utah Code 63G-6a-103 Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102 Code: means the body of all effective rules as compiled and organized by the office and entitled "Utah Administrative Code. See Utah Code 63G-3-102 Collect: includes use of any identifying code linked to a user of a governmental website. See Utah Code 41-1a-516 Commercial vehicle: means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates: (a)  as a carrier for hire, compensation, or profit; or (b)  as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 41-1a-102 Commission: means the State Tax Commission. See Utah Code 41-1a-102 Commission: means the Point of the Mountain Development Commission, created in Section 63C-17-103. See Utah Code 41-1a-501 Commission: means the State Bonding Commission created in Section 63B-1-201. See Utah Code 63B-1-101 Commission: means the Commission on Federalism, created in Section 63C-4a-302. See Utah Code 63C-4a-102 Commission: means the Federal Funds Commission created in Section 63C-14-201. See Utah Code 63C-14-102 Commission: means the Prison Development Commission, created in Section 63C-16-201. See Utah Code 63C-16-102 Commission: means the Mental Health Crisis Line Commission created in Section 63C-18-202. See Utah Code 63C-18-102 Commission: means the Higher Education Strategic Planning Commission created in Section 63C-19-201. See Utah Code 63C-19-102 committee: means the Utah Population Committee created by this chapter. See Utah Code 41-1a-511 Committee: means the Retirement and Independent Entities Committee created by Section 63E-1-201. See Utah Code 63E-1-102 Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process. 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. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computer: includes any data storage device, data storage facility, or communications facility that is directly related to or that operates in conjunction with the device described in Subsection (2)(a). See Utah Code 63D-3-102 Computer program: means : (i)  a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system; and (ii)  any associated documentation and source material that explain how to operate the computer program. See Utah Code 63G-2-103 Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement: (a)  except: (i)  reviewing a solicitation to verify that it is in proper form; and (ii)  causing the publication of a notice of a solicitation; and (b)  including: (i)  preparing any solicitation document; (ii)  appointing an evaluation committee; (iii)  conducting the evaluation process, except as provided in Subsection 63G-6a-707(6)(b) relating to scores calculated for costs of proposals; (iv)  selecting and recommending the person to be awarded a contract; (v)  negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and (vi)  contract administration. See Utah Code 63G-6a-103 Conservation district: means the same as that term is defined in Section 17D-3-102. See Utah Code 63G-6a-103 Constitutional defense plan: means a plan that outlines actions and expenditures to fulfill the duties of the commission and the council. See Utah Code 63C-4a-102 Consumer price index: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: means an agreement for a procurement. See Utah Code 63G-6a-103 Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including: (a)  implementing the contract; (b)  ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor; (c)  executing change orders; (d)  processing contract amendments; (e)  resolving, to the extent practicable, contract disputes; (f)  curing contract errors and deficiencies; (g)  terminating a contract; (h)  measuring or evaluating completed work and contractor performance; (i)  computing payments under the contract; and (j)  closing out a contract. See Utah Code 63G-6a-103 Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103 Contractor: means : (i)  any person who contracts with a governmental entity to provide goods or services directly to a governmental entity; or (ii)  any private, nonprofit organization that receives funds from a governmental entity. See Utah Code 63G-2-103 Controlled record: means a record containing data on individuals that is controlled as provided by Section 63G-2-304. See Utah Code 63G-2-103 Conviction: A judgement of guilt against a criminal defendant. Cooperative procurement: means procurement conducted by, or on behalf of: (a)  more than one procurement unit; or (b)  a procurement unit and a cooperative purchasing organization. See Utah Code 63G-6a-103 Cooperative purchasing organization: means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105. See Utah Code 63G-6a-103 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. Cost-reimbursement contract: means a contract under which a contractor is reimbursed for costs which are allowed and allocated in accordance with the contract terms and the provisions of this chapter, and a fee, if any. See Utah Code 63G-6a-103 Council: means the Snake Valley Aquifer Advisory Council created in Section 63C-12-103. See Utah Code 41-1a-407 Council: means the Constitutional Defense Council, created in Section 63C-4a-202. See Utah Code 63C-4a-102 County executive: means :Utah Code 48-2e-1156 County legislative body: means :Utah Code 48-2e-1156 Court website: means a website on the Internet that is operated by or on behalf of any court created in Title 78A, Chapter 1, Judiciary. See Utah Code 41-1a-516 CPR: means artificial ventilation or external chest compression applied to a person who is unresponsive and not breathing. See Utah Code 26-8b-102 Damage: includes : (i)  the cost of repairing or restoring a protected computer; (ii)  economic damages; (iii)  consequential damages, including interruption of service; and (iv)  profit by the individual from the unauthorized access to the protected computer. See Utah Code 63D-3-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Database: means an electronic means of storing information. See Utah Code 41-1a-901 Database: means the State Geographic Information Database created in Section 63F-1-507. See Utah Code 63F-1-502 Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103 Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102 Declaratory proceeding: means a proceeding authorized and governed by Section 63G-4-503. See Utah Code 63G-4-103 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Definite quantity contract: means a fixed price contract that provides for a specified amount of supplies over a specified period, with deliveries scheduled according to a specified schedule. See Utah Code 63G-6a-103 Department: means the Department of Health created in Section 26-1-4. See Utah Code 17-27a-509 Department: means the Department of Technology Services. See Utah Code 63F-1-102 Department: means the Department of Corrections, created in Section 64-13-2. See Utah Code 63C-16-102 Department: means the Department of Administrative Services created in Section 63A-1-104. See Utah Code 63G-3-102 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. Design professional: means : (a)  an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act; or (b)  an individual licensed as a professional engineer or professional land surveyor under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act. See Utah Code 63G-6a-103 Design professional procurement process: means the procurement process described in Part 15, Design Professional Services. See Utah Code 63G-6a-103 Design professional services: means : (a)  professional services within the scope of the practice of architecture as defined in Section 58-3a-102; (b)  professional engineering as defined in Section 58-22-102; or (c)  master planning and programming services. See Utah Code 63G-6a-103 Design-build: means the procurement of design professional services and construction by the use of a single contract. See Utah Code 63G-6a-103 Diesel fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102 Director: means the director of the division. See Utah Code 63G-6a-103 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103 Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102 Division: means the Division of Facilities Construction and Management. See Utah Code 63B-1-101 Division: means the Division of Facilities Construction and Management, created in Section 63A-5-201. See Utah Code 63C-16-102 Division: means the Division of Archives and Records Service of the Department of Administrative Services. See Utah Code 63F-1-701 Donor: The person who makes a gift. Educational procurement unit: means : (a)  a school district; (b)  a public school, including a local school board or a charter school; (c)  the Utah Schools for the Deaf and Blind; (d)  the Utah Education and Telehealth Network; (e)  an institution of higher education of the state described in Section 53B-1-102; or (f)  the State Board of Education. See Utah Code 63G-6a-103 Effective: means operative and enforceable. See Utah Code 63G-3-102 Elected official: means each person elected to a state office, county office, municipal office, school board or school district office, local district office, or special service district office, but does not include judges. See Utah Code 63G-2-103 Electric motor vehicle: means a motor vehicle that is powered solely by an electric motor drawing current from a rechargeable energy storage system. See Utah Code 41-1a-102 Emergency medical dispatch center: means a public safety answering point, as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by the bureau. See Utah Code 26-8b-102 Emergency medical services: means medical services, transportation services, or both rendered to a patient. See Utah Code 26-8a-102 Employee: includes : (i)  a governmental entity's officers, employees, servants, trustees, or commissioners; (ii)  members of a governing body; (iii)  members of a government entity board; (iv)  members of a government entity commission; (v)  members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102; (vi)  student teachers holding a license issued by the State Board of Education; (vii)  educational aides; (viii)  students engaged in internships under Section 53B-16-402 or 53G-7-902; (ix)  volunteers as defined by Subsection 67-20-2(3); and (x)  tutors. See Utah Code 63G-7-102 Enterprise architecture: means : (a)  information technology that can be applied across state government; and (b)  support for information technology that can be applied across state government, including: (i)  technical support; (ii)  master software licenses; and (iii)  hardware and software standards. See Utah Code 63F-1-102 enterprise architecture: means information technology assets and functions that can be applied across state government and include: (1)  computing devices such as mainframes, servers, desktop devices, and peripherals; (2)  networks; (3)  enterprise wide applications; (4)  maintenance and help desk functions for common hardware and applications; (5)  standards for other computing devices, operating systems, common applications, and software; and (6)  master contracts that are available for use by agencies for various systems such as operating systems, database, enterprise resource planning and customer relationship management software, application development services, and enterprise integration. See Utah Code 63F-1-402 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 Event data: means records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder: (i)  whether the vehicle's air bag deployed; (ii)  vehicle speed; (iii)  vehicle steering performance; (iv)  vehicle brake performance or use; or (v)  vehicle seatbelt status or use. See Utah Code 41-1a-1502 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. Ex officio: Literally, by virtue of one's office. executive branch agency: means an agency or administrative subunit of state government. See Utah Code 63F-1-102 Executive branch procurement unit: means a department, division, office, bureau, agency, or other organization within the state executive branch. See Utah Code 63G-6a-103 Executive branch strategic plan: means the executive branch strategic plan created under Section 63F-1-203. See Utah Code 63F-1-102 Executive director: means the executive director of the department. See Utah Code 63G-3-102 Explosive: means a chemical compound, device, or mixture: (a)  commonly used or intended for the purpose of producing an explosion; and (b)  that contains oxidizing or combustive units or other ingredients in proportions, quantities, or packing so that: (i)  an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases; and (ii)  the resultant gaseous pressures are capable of: (A)  producing destructive effects on contiguous objects; or (B)  causing death or serious bodily injury. See Utah Code 63G-2-103 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Family member: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 63G-6a-2402 Farm truck: means a truck used by the owner or operator of a farm solely for the owner's or operator's own use in the transportation of: (i)  farm products, including livestock and its products, poultry and its products, floricultural and horticultural products; (ii)  farm supplies, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production; and (iii)  livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of a farm. See Utah Code 41-1a-102 Federal governmental entity: means : (a)  the president of the United States; (b)  the United States Congress; (c)  a United States agency; or (d)  an employee or official appointed by the president of the United States. See Utah Code 63C-4a-102 Federal issue: means a matter relating to the federal government's dealings with the state, including a matter described in Subsection 63C-14-301(1). See Utah Code 63C-14-102 Federal law: means : (a)  an executive order by the president of the United States; (b)  a statute passed by the United States Congress; (c)  a regulation adopted by a United States agency; or (d)  a policy statement, order, guidance, or action by: (i)  a United States agency; or (ii)  an employee or official appointed by the president of the United States. See Utah Code 63C-4a-102 Felony: A crime carrying a penalty of more than a year in prison. File: means to submit a document to the office as prescribed by the department. See Utah Code 63G-3-102 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. Fixed price contract: means a contract that provides a price, for each procurement item obtained under the contract, that is not subject to adjustment except to the extent that: (a)  the contract provides, under circumstances specified in the contract, for an adjustment in price that is not based on cost to the contractor; or (b)  an adjustment is required by law. See Utah Code 63G-6a-103 Fixed price contract with price adjustment: means a fixed price contract that provides for an upward or downward revision of price, precisely described in the contract, that: (a)  is based on the consumer price index or another commercially acceptable index, source, or formula; and (b)  is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103 Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances: You are late making a payment or commit some other default, triggering an increase to a penalty rate The bank changes the terms of your account and you do not reject the change. The rate expires (if the rate was fixed for only a certain period of time). Flag: means a depiction or emblem made from fabric or cloth. See Utah Code 63G-1-702 Fleet: means one or more commercial vehicles. See Utah Code 41-1a-102 Foreign vehicle: means a vehicle of a type required to be registered, brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state. See Utah Code 41-1a-102 Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. GIS: means a computer driven data integration and map production system that interrelates disparate layers of data to specific geographic locations. See Utah Code 63F-1-502 Governing body: means an administrative, advisory, executive, or legislative body of a public entity. See Utah Code 63G-6a-2402 government requestor: means : (1)  the governor; (2)  an executive branch officer other than the governor; (3)  an executive branch agency; (4)  a legislator, including a legislative sponsor of legislation creating an independent entity; or (5)  a legislative committee. See Utah Code 63E-1-301 Governmental entity: means : (a)  an executive branch agency as defined in Section 63F-1-102; (b)  the legislative branch; (c)  the judicial branch; (d)  the State Board of Education; (e)  the Board of Regents; (f)  an institution of higher education; and (g)  a political subdivision of the state: (i)  as defined in Section 17B-1-102; and (ii)  including a school district. See Utah Code 41-1a-516 Governmental entity: means the state and its political subdivisions as both are defined in this section. See Utah Code 63G-7-102 Governmental entity: means : (i)  executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the State Board of Regents, and the State Archives; (ii)  the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature; (iii)  courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch; (iv)  any state-funded institution of higher education or public education; or (v)  any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103 Governmental function: includes each activity, undertaking, or operation performed by a department, agency, employee, agent, or officer of a governmental entity. See Utah Code 63G-7-102 Governmental website: includes a court website. See Utah Code 41-1a-516 Governmental website operator: means a governmental entity or person acting on behalf of the governmental entity that: (a)  operates a governmental website; and (b)  collects or maintains personally identifiable information from or about a user of that website. See Utah Code 41-1a-516 Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103 Grantor: The person who establishes a trust and places property into it. Gross compensation: means every form of remuneration payable for a given period to an individual for services provided including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer. See Utah Code 63G-2-103 Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102 Harm: means any impairment to the integrity, access, or availability of: (a)  data; (b)  a program; (c)  a system; or (d)  information. See Utah Code 63D-3-102 Head of a procurement unit: means : (a)  for a legislative procurement unit, any person designated by rule made by the applicable rulemaking authority; (b)  for an executive branch procurement unit: (i)  the director of the division; or (ii)  any other person designated by the board, by rule; (c)  for a judicial procurement unit: (i)  the Judicial Council; or (ii)  any other person designated by the Judicial Council, by rule; (d)  for a local government procurement unit: (i)  the legislative body of the local government procurement unit; or (ii)  any other person designated by the local government procurement unit; (e)  for a local district other than a public transit district, the board of trustees of the local district or a designee of the board of trustees; (f)  for a special service district, the governing body of the special service district or a designee of the governing body; (g)  for a local building authority, the board of directors of the local building authority or a designee of the board of directors; (h)  for a conservation district, the board of supervisors of the conservation district or a designee of the board of supervisors; (i)  for a public corporation, the board of directors of the public corporation or a designee of the board of directors; (j)  for a school district or any school or entity within a school district, the board of the school district, or the board's designee; (k)  for a charter school, the individual or body with executive authority over the charter school, or the individual's or body's designee; (l)  for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education, or the president's designee; (m)  for a public transit district, the board of trustees or a designee of the board of trustees; (n)  for the State Board of Education, the State Board of Education or a designee of the State Board of Education; or (o)  for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or a designee of the executive director. See Utah Code 63G-6a-103 Hearing: means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both. See Utah Code 63G-6a-1601.5 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Highway: includes :Utah Code 48-2e-1156 Hybrid electric motor vehicle: means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both: (a)  an internal combustion engine or heat engine using consumable fuel; and (b)  a rechargeable energy storage system where energy for the storage system comes solely from sources onboard the vehicle. See Utah Code 41-1a-102 Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102 Implement of husbandry: means every vehicle designed or adapted and used exclusively for an agricultural operation and only incidentally operated or moved upon the highways. See Utah Code 41-1a-102 Indefinite quantity contract: means a fixed price contract that: (a)  is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit; and (b)  (i)  does not require a minimum purchase amount; or (ii)  provides a maximum purchase limit. See Utah Code 63G-6a-103 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Independent corporation: means a corporation incorporated in accordance with Chapter 2, Independent Corporations Act. See Utah Code 63E-1-102 Independent entity: includes the: (i)  Utah Beef Council, created by Section 4-21-103; (ii)  Utah Dairy Commission created by Section 4-22-103; (iii)  Heber Valley Historic Railroad Authority created by Section 63H-4-102; (iv)  Utah State Railroad Museum Authority created by Section 63H-5-102; (v)  Utah Housing Corporation created by Section 63H-8-201; (vi)  Utah State Fair Corporation created by Section 63H-6-103; (vii)  Utah State Retirement Office created by Section 49-11-201; (viii)  School and Institutional Trust Lands Administration created by Section 53C-1-201; (ix)  School and Institutional Trust Fund Office created by Section 53D-1-201; (x)  Utah Communications Authority created by Section 63H-7a-201; (xi)  Utah Energy Infrastructure Authority created by Section 63H-2-201; (xii)  Utah Capital Investment Corporation created by Section 63N-6-301; and (xiii)  Military Installation Development Authority created by Section 63H-1-201. See Utah Code 63E-1-102 Independent procurement authority: means authority granted to a procurement unit under Subsection 63G-6a-106(4)(a). See Utah Code 63G-6a-103 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Individual: means a human being. See Utah Code 63G-2-103 Individual with a disability: means an individual with a condition that meets the definition of "disability" in 42 U. See Utah Code 63F-1-102 Information technology: means all computerized and auxiliary automated information handling, including: (a)  systems design and analysis; (b)  acquisition, storage, and conversion of data; (c)  computer programming; (d)  information storage and retrieval; (e)  voice, video, and data communications; (f)  requisite systems controls; (g)  simulation; and (h)  all related interactions between people and machines. See Utah Code 63F-1-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Interested party: means a person that held or holds the position of trustee, director, officer, or other similar position with an independent entity within: (a)  five years prior to the date of an action described in Subsection (5); or (b)  during the privatization of an independent entity. See Utah Code 63E-1-401 Interested party: means a person, other than a requester, who is aggrieved by an access denial or an appellate affirmation, whether or not the person participated in proceedings leading to the access denial or appellate affirmation. See Utah Code 63G-2-400.5 Interested person: means any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402. See Utah Code 63G-3-102 Issuing procurement unit: means a procurement unit that: (a)  reviews a solicitation to verify that it is in proper form; (b)  causes the notice of a solicitation to be published; and (c)  negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103 Joint resolution: A legislative measure which requires the approval of both chambers. Judicial procurement unit: means : (a)  the Utah Supreme Court; (b)  the Utah Court of Appeals; (c)  the Judicial Council; (d)  a state judicial district; or (e)  an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103 Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 41-1a-102 Justice commission: means the State Commission on Criminal and Juvenile Justice, created in Section 63M-7-201. See Utah Code 63C-16-102 Labor hour contract: is a contract under which: (a)  the supplies and materials are not provided by, or through, the contractor; and (b)  the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit for a specified number of labor hours or days. See Utah Code 63G-6a-103 Land: includes :Utah Code 48-2e-1156 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. 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 Legislative body: means the Legislature. See Utah Code 63G-2-103 Legislative procurement unit: means : (a)  the Legislature; (b)  the Senate; (c)  the House of Representatives; (d)  a staff office of the Legislature, the Senate, or the House of Representatives; or (e)  a committee, subcommittee, commission, or other organization: (i)  within the state legislative branch; or (ii)  (A)  that is created by statute to advise or make recommendations to the Legislature; (B)  the membership of which includes legislators; and (C)  for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103 License: means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute. See Utah Code 63G-4-103 Lien: A claim against real or personal property in satisfaction of a debt. Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Lobbyist: is a person that provided or provides services as a lobbyist, as defined in Section 36-11-102, within: (a)  five years prior to the date of an action described in Subsection (5); or (b)  during the privatization of an independent entity. See Utah Code 63E-1-401 Local appeals board: means an appeals board established by a political subdivision under Subsection 63G-2-701(5)(c). See Utah Code 63G-2-400.5 Local building authority: means the same as that term is defined in Section 17D-2-102. See Utah Code 63G-6a-103 Local district: means the same as that term is defined in Section 17B-1-102. See Utah Code 63G-6a-103 Local government procurement unit: means : (a)  a county or municipality, and each office or agency of the county or municipality, unless the county or municipality adopts its own procurement code by ordinance; (b)  a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; or (c)  a county or municipality that has adopted a portion of this chapter by ordinance, to the extent that a term in the ordinance is used in the adopted portion of this chapter, and each office or agency of that county or municipality. See Utah Code 63G-6a-103 Local mental health crisis line: means a phone number or other response system that is: (a)  accessible within a particular geographic area of the state; and (b)  intended to allow an individual to contact and interact with a qualified mental or behavioral health professional. See Utah Code 63C-18-102 Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102 Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102 Minority leader: See Floor Leaders Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102 Money held in trust: means money maintained for the benefit of: (a)  one or more private individuals, including public employees; (b)  one or more public or private entities; or (c)  the owners of a quasi-public corporation. See Utah Code 63E-1-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156 Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102 Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102 Motorcycle: means : (a)  a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or (b)  an autocycle. See Utah Code 41-1a-102 Multiple award contracts: means the award of a contract for an indefinite quantity of a procurement item to more than one person. See Utah Code 63G-6a-103 Multiyear contract: means a contract that extends beyond a one-year period, including a contract that permits renewal of the contract, without competition, beyond the first year of the contract. See Utah Code 63G-6a-103 Municipality: means a city, town, or metro township. See Utah Code 63G-6a-103 Natural gas: means a fuel of which the primary constituent is methane. See Utah Code 41-1a-102 network: means the network created in Section 63F-1-509. See Utah Code 63F-1-502 Neutral: means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts. See Utah Code 63G-5-102 Nonadopting local government procurement unit: means : (a)  a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19, General Provisions Related to Protest or Appeal; and (b)  each office or agency of a county or municipality described in Subsection (53)(a). See Utah Code 63G-6a-103 Nonresident: means a person who is not a resident of this state as defined by Section 41-1a-202, and who does not engage in intrastate business within this state and does not operate in that business any motor vehicle, trailer, or semitrailer within this state. See Utah Code 41-1a-102 Notice of compliance: means a statement confirming that a governmental entity has complied with a records committee order. See Utah Code 63G-2-103 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. Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102 Off-highway implement of husbandry: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102 Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102 Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103 Office: means the Office of Administrative Rules created in Section 63G-3-401. See Utah Code 63G-3-102 Operate: means to drive or be in actual physical control of a vehicle or to navigate a vessel. See Utah Code 41-1a-102 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Order: means an agency action that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 63G-3-102 Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102 Oversight: Committee review of the activities of a Federal agency or program. Owner: means : (i)  a person having all the incidents of ownership of a motor vehicle, including legal title to the motor vehicle; (ii)  a person entitled to possession of a motor vehicle as the purchaser under a security agreement; or (iii)  a person entitled to possession of a motor vehicle as a lessee under a written lease agreement if the lease agreement is intended to last for more than three months at its inception. See Utah Code 41-1a-1502 Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102 Owner: means a person who: (a)  owns or leases a protected computer; or (b)  owns the information stored in a protected computer. See Utah Code 63D-3-102 Paramedic provider: means an entity that: (a)  employs emergency medical service personnel; and (b)  is required to obtain a license under Part 4, Ambulance and Paramedic Providers. See Utah Code 26-8a-102 Park model recreational vehicle: means a unit that: (a)  is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (b)  is not permanently affixed to real property for use as a permanent dwelling; (c)  requires a special highway movement permit for transit; and (d)  is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-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. Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103 Patient: means an individual who, as the result of illness or injury, meets any of the criteria in Section 26-8a-305. See Utah Code 26-8a-102 Person: means :Utah Code 48-2e-1156 Person: means : (a)  an individual; (b)  a nonprofit or profit corporation; (c)  a partnership; (d)  a sole proprietorship; (e)  other type of business organization; or (f)  any combination acting in concert with one another. See Utah Code 63G-2-103 Person: means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. See Utah Code 63G-3-102 Person: means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. See Utah Code 63G-4-103 Personal injury: means an injury of any kind other than property damage. See Utah Code 63G-7-102 Personal property: includes :Utah Code 48-2e-1156 Personally identifiable information: means information that identifies: (a)  a user by: (i)  name; (ii)  account number; (iii)  physical address; (iv)  email address; (v)  telephone number; (vi)  Social Security number; (vii)  credit card information; or (viii)  bank account information; (b)  a user as having requested or obtained specific materials or services from a governmental website; (c)  Internet sites visited by a user; or (d)  any of the contents of a user's data-storage device. See Utah Code 41-1a-516 Plaintiff: The person who files the complaint in a civil lawsuit. 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. Plug-in hybrid electric motor vehicle: means a hybrid electric motor vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion. See Utah Code 41-1a-102 policy council: means a board, commission, or council that:Utah Code 48-2e-1156 Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 63G-7-102 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 Preceding year: means a period of 12 consecutive months fixed by the division that is within 16 months immediately preceding the commencement of the registration or license year in which proportional registration is sought. See Utah Code 41-1a-102 Preferred bidder: means a bidder that is entitled to receive a reciprocal preference under the requirements of this chapter. See Utah Code 63G-6a-103 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. Presiding officer: means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding. See Utah Code 63G-4-103 Prison project: means the same as that term is defined in Section 63A-5-225. See Utah Code 63C-16-102 Private provider: means any person who contracts with a governmental entity to provide services directly to the public. See Utah Code 63G-2-103 Private record: means a record containing data on individuals that is private as provided by Section 63G-2-302. See Utah Code 63G-2-103 Privatized: means an action described in Subsection (5)(b) taken under circumstances in which the operations of the independent entity are continued by a successor entity that: (i)  is privately owned; (ii)  is unaffiliated to the state; and (iii)  receives any asset of the independent entity. See Utah Code 63E-1-401 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Procure: means to acquire a procurement item through a procurement. See Utah Code 63G-6a-103 Procurement item: means a supply, a service, or construction. See Utah Code 63G-6a-103 Procurement officer: means : (a)  for a procurement unit with independent procurement authority: (i)  the head of the procurement unit; (ii)  a designee of the head of the procurement unit; or (iii)  a person designated by rule made by the applicable rulemaking authority; or (b)  for the division or a procurement unit without independent procurement authority, the chief procurement officer. See Utah Code 63G-6a-103 Project area: means the area surrounding the border between Salt Lake County and Utah County, commonly referred to as the Point of the Mountain. See Utah Code 41-1a-501 Property damage: means injury to, or loss of, any right, title, estate, or interest in real or personal property. See Utah Code 63G-7-102 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protected computer: means a computer that: (i)  is used in connection with the operation of a business, state government entity, or political subdivision; and (ii)  requires a technological access barrier for an individual to access the computer. See Utah Code 63D-3-102 Protected record: means a record that is classified protected as provided by Section 63G-2-305. See Utah Code 63G-2-103 Protest appeal record: means :Utah Code 63G-6a-1601.5 Protest appeal record: means the same as that term is defined in Section 63G-6a-1601. See Utah Code 63G-6a-1701.5 Protest officer: means : (a)  for the division or a procurement unit with independent procurement authority: (i)  the head of the procurement unit; (ii)  the head of the procurement unit's designee who is an employee of the procurement unit; or (iii)  a person designated by rule made by the applicable rulemaking authority; or (b)  for a procurement unit without independent procurement authority, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103 Protestor: means a person who files a protest under this part. See Utah Code 63G-6a-1601.5 Protestor: means the same as that term is defined in Section 63G-6a-1601. See Utah Code 63G-6a-1701.5 Public corporation: means the same as that term is defined in Section 63E-1-102. See Utah Code 63G-6a-103 Public corporation: means an artificial person, public in ownership, individually created by the state as a body politic and corporate for the administration of a public purpose relating to the state or its citizens. See Utah Code 63E-1-102 Public entity: means any government entity of the state or political subdivision of the state, including: (a)  a procurement unit; (b)  a municipality or county, regardless of whether the municipality or county has adopted this chapter or any part of this chapter; and (c)  any other government entity located in the state that expends public funds. See Utah Code 63G-6a-103 Public funds: means money, regardless of its source, including from the federal government, that is owned or held by a procurement unit. See Utah Code 63G-6a-103 Public garage: means every building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels. See Utah Code 41-1a-102 Public record: means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b). See Utah Code 63G-2-103 Public transit district: means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act. See Utah Code 63G-6a-103 Public-private partnership: means an arrangement or agreement, occurring on or after January 1, 2017, between a procurement unit and one or more contractors to provide for a public need through the development or operation of a project in which the contractor or contractors share with the procurement unit the responsibility or risk of developing, owning, maintaining, financing, or operating the project. See Utah Code 63G-6a-103 Publication date: means the inscribed date of the bulletin. See Utah Code 63G-3-102 publish: means making a rule available to the public by including the rule or a summary of the rule in the bulletin. See Utah Code 63G-3-102 Quasi-public corporation: means an artificial person, private in ownership, individually created as a corporation by the state, which has accepted from the state the grant of a franchise or contract involving the performance of a public purpose relating to the state or its citizens. See Utah Code 63E-1-102 Quorum: The number of legislators that must be present to do business. Real property: means land and any building, fixture, improvement, appurtenance, structure, or other development that is permanently affixed to land. See Utah Code 63G-6a-103 real property: includes :Utah Code 48-2e-1156 Receipt of surrender of ownership documents: means the receipt of surrender of ownership documents described in Section 41-1a-503. See Utah Code 41-1a-102 Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics: (i)  that is prepared, owned, received, or retained by a governmental entity or political subdivision; and (ii)  where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103 Record request: means a request for a record under Section 63G-2-204. See Utah Code 63G-2-400.5 Record series: means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition. See Utah Code 63G-2-103 Records committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103 Records committee appellant: means :Utah Code 63G-2-400.5 Records officer: means the individual appointed by the chief administrative officer of each governmental entity, or the political subdivision to work with state archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records. See Utah Code 63G-2-103 Recreational vehicle: means the same as that term is defined in Section 13-14-102. See Utah Code 41-1a-102 Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102 Registration year: means a 12 consecutive month period commencing with the completion of all applicable registration criteria. See Utah Code 41-1a-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. Repair or replacement: means the restoration of vehicles, vessels, or outboard motors to a sound working condition by substituting any inoperative part of the vehicle, vessel, or outboard motor, or by correcting the inoperative part. See Utah Code 41-1a-102 Replica vehicle: means : (a)  a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or (b)  a custom vehicle that meets the requirements under Subsection 41-6a-1507(1)(a)(i)(B). See Utah Code 41-1a-102 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Request for information: means a nonbinding process through which a procurement unit requests information relating to a procurement item. See Utah Code 63G-6a-103 Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103 Request for proposals process: means the procurement process described in Part 7, Request for Proposals. See Utah Code 63G-6a-103 Request for statement of qualifications: means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103 Requester: means a person who submits a record request to a governmental entity. See Utah Code 63G-2-400.5 Requirements contract: means a contract: (a)  under which a contractor agrees to provide a procurement unit's entire requirements for certain procurement items at prices specified in the contract during the contract period; and (b)  that: (i)  does not require a minimum purchase amount; or (ii)  provides a maximum purchase limit. See Utah Code 63G-6a-103 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Research team: means the Snake Valley Research Team created in Section 63C-12-107. See Utah Code 41-1a-407 Respondent: means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person. See Utah Code 63G-4-103 Responsible: means being capable, in all respects, of: (a)  meeting all the requirements of a solicitation; and (b)  fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. See Utah Code 63G-6a-103 Responsive: means conforming in all material respects to the requirements of a solicitation. See Utah Code 63G-6a-103 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Review board: means the Architecture Review Board established within the department. See Utah Code 63F-4-102 Road: includes :Utah Code 48-2e-1156 Rule: includes the amendment or repeal of an existing rule. See Utah Code 63G-3-102 Rule analysis: means the format prescribed by the department to summarize and analyze rules. See Utah Code 63G-3-102 Sealed: means manually or electronically secured to prevent disclosure. See Utah Code 63G-6a-103 Security interest: means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties. See Utah Code 41-1a-102 Selected site: means the site selected under Subsection 63C-15-203(2) as the site for new correctional facilities. See Utah Code 63C-16-102 Semitrailer: means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102 Service of process: The service of writs or summonses to the appropriate party. 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. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156 Single sign-on web portal: means the web portal described in Subsection 63F-3-103(2). See Utah Code 41-1a-901 Small business: means a business employing fewer than 50 persons. See Utah Code 63G-3-102 Small purchase process: means the procurement process described in Section 63G-6a-506. See Utah Code 63G-6a-103 Sole source contract: means a contract resulting from a sole source procurement. See Utah Code 63G-6a-103 Sole source procurement: means a procurement without competition pursuant to a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the procurement item. See Utah Code 63G-6a-103 Solicitation: means an invitation for bids, request for proposals, request for statement of qualifications, or request for information. See Utah Code 63G-6a-103 Solicitation response: means : (a)  a bid submitted in response to an invitation for bids; (b)  a proposal submitted in response to a request for proposals; or (c)  a statement of qualifications submitted in response to a request for statement of qualifications. See Utah Code 63G-6a-103 Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418. See Utah Code 41-1a-102 Special interest vehicle: means a vehicle used for general transportation purposes and that is: (i)  20 years or older from the current year; or (ii)  a make or model of motor vehicle recognized by the division director as having unique interest or historic value. See Utah Code 41-1a-102 Special mobile equipment: includes : (i)  farm tractors; (ii)  off-road motorized construction or maintenance equipment including backhoes, bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and (iii)  ditch-digging apparatus. See Utah Code 41-1a-102 Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 63G-6a-103 Sponsored research: means research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget: (a)  conducted: (i)  by an institution within the state system of higher education defined in Section 53B-1-102; and (ii)  through an office responsible for sponsored projects or programs; and (b)  funded or otherwise supported by an external: (i)  person that is not created or controlled by the institution within the state system of higher education; or (ii)  federal, state, or local governmental entity. See Utah Code 63G-2-103 Standard procurement process: means : (a)  the bidding process; (b)  the request for proposals process; (c)  the approved vendor list process; (d)  the small purchase process; or (e)  the design professional procurement process. See Utah Code 63G-6a-103 Standing: means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:Utah Code 63G-6a-1601.5 State: means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children's Justice Center, or other instrumentality of the state. See Utah Code 63G-7-102 State archives: means the Division of Archives and Records Service created in Section 63A-12-101. See Utah Code 63G-2-103 State archivist: means the director of the state archives. See Utah Code 63G-2-103 State cooperative contract: means a contract awarded by the division for and in behalf of all public entities. See Utah Code 63G-6a-103 State Geographic Information Database: means the database created in Section 63F-1-507. See Utah Code 63F-1-502 State information architecture: means a logically consistent set of principles, policies, and standards that guide the engineering of state government's information technology and infrastructure in a way that ensures alignment with state government's business and service needs. See Utah Code 63F-1-102 State system of higher education: means the state system of higher education described in Section 53B-1-102. See Utah Code 63C-19-102 Statement of qualifications: means a written statement submitted to a procurement unit in response to a request for statement of qualifications. See Utah Code 63G-6a-103 Statewide mental health crisis line: means a statewide phone number or other response system that allows an individual to contact and interact with a qualified mental or behavioral health professional 24 hours per day, 365 days per year. See Utah Code 63C-18-102 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Strategic plan: means the strategic plan described in Section 63C-19-202. See Utah Code 63C-19-102 street: means the entire width between property lines of every way or place of whatever nature when any part of it is open to the public, as a matter of right, for purposes of vehicular traffic. See Utah Code 41-1a-102 Sudden cardiac arrest: means a life-threatening condition that results when a person's heart stops or fails to produce a pulse. See Utah Code 26-8b-102 Summary data: means statistical records and compilations that contain data derived from private, controlled, or protected information but that do not disclose private, controlled, or protected information. See Utah Code 63G-2-103 Summons: Another word for subpoena used by the criminal justice system. Superior agency: means an agency required or authorized by law to review the orders of another agency. See Utah Code 63G-4-103 Supply: means a good, material, technology, piece of equipment, or any other item of personal property. See Utah Code 63G-6a-103 Technological access barrier: means a password, security code, token, key fob, access device, or other digital security measure. See Utah Code 63D-3-102 Technology innovation: means a new information technology not previously in use or a substantial adaptation or modification of an existing information technology. See Utah Code 63F-4-102 Technology proposal: means a proposal to implement a technology innovation designed to result in a greater efficiency in a government process or a cost saving in the delivery of a government service, or both. See Utah Code 63F-4-102 Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tie bid: means that the lowest responsive bids of responsible bidders are identical in price. See Utah Code 63G-6a-103 Time and materials contract: means a contract under which the contractor is paid: (a)  the actual cost of direct labor at specified hourly rates; (b)  the actual cost of materials and equipment usage; and (c)  an additional amount, expressly described in the contract, to cover overhead and profit, that is not based on a percentage of the cost to the contractor. See Utah Code 63G-6a-103 Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102 Traffic: means to sell, purchase, or deliver. See Utah Code 63D-3-102 Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-102 Transferor: means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest. See Utah Code 41-1a-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trial use contract: means a contract for a procurement item that the procurement unit acquires for a trial use or testing to determine whether the procurement item will benefit the procurement unit. See Utah Code 63G-6a-103 Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load that is drawn. See Utah Code 41-1a-102 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. Unauthorized user: means an individual who, for a protected computer: (a)  is not an authorized user of the protected computer; and (b)  accesses the protected computer by: (i)  obtaining, without an authorized user's permission, the authorized user's technological access barrier; or (ii)  circumventing, without the permission of the protected computer's owner, a technological access barrier on the protected computer. See Utah Code 63D-3-102 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156 Uphold: The decision of an appellate court not to reverse a lower court decision. User: means a person who accesses a governmental website. See Utah Code 41-1a-516 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. 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 48-2e-1156 Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102 Venue: The geographical location in which a case is tried. Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 48-2e-1156 Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102 Veteran: means an individual who:Utah Code 48-2e-1156 Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102 Waters of this state: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102 Web portal: means an Internet webpage that can be accessed by an individual where the individual enters the individual's unique user information in order to access secure information. See Utah Code 41-1a-901 Website: means the Utah Public Notice Website created under this section. See Utah Code 63F-1-701 Weighmaster: means a person, association of persons, or corporation permitted to weigh vehicles under this chapter. See Utah Code 41-1a-102 Willful misconduct: means the intentional doing of a wrongful act, or the wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's conduct will probably result in injury. See Utah Code 63G-7-102 Writ: means an order or precept in writing, issued in the name of:Utah Code 48-2e-1156