Terms Used In Utah Code > Title 4 > Chapter 11
- Abandoned apiary: means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department. See Utah Code 4-24-308
- Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
(i) the owners of the new generating unit are the same as or different from the owner of the project; and (ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
- Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:
(a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation; (b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1): (i) wind energy; (ii) solar photovoltaic and solar thermal energy; (iii) wave, tidal, and ocean thermal energy; (v) geothermal energy; (vi) hydro-electric energy; or (vii) waste gas and waste heat capture or recovery; and (c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
- Advertisement: means any written, oral, or graphic statement or representation made by a supplier in connection with the solicitation of business. See Utah Code 10-9a-610
- Affected entity: means a county, municipality, local district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Utah Department of Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or (c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
- 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.
- Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-7-110
- Allegation: something that someone says happened.
- 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.
- Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-24-308
- Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-24-308
- 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.
- Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-24-308
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assisted marketing plan: means the sale or lease of any products, equipment, supplies, or services that are sold to the purchaser upon payment of an initial required consideration of $500 or more for the purpose of enabling the purchaser to start a business, and in which the seller represents:
(i) that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases, or other similar devices, or currency operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; (ii) that the seller will purchase any or all products made, produced, fabricated, grown, or modified by the purchaser, using in whole or in part the supplies, services, or chattels sold to the purchaser; (iii) that the seller will provide the purchaser with a guarantee that the purchaser will receive income from the assisted marketing plan that exceeds the price paid for the assisted marketing plan, or repurchase any of the products, equipment, supplies, or chattels supplied by the seller if the purchaser is dissatisfied with the assisted marketing plan; or (iv) that upon payment by the purchaser of a fee or sum of money, which exceeds $500 to the seller, the seller will provide a sales program or marketing program that will enable the purchaser to derive income from the assisted marketing plan that exceeds the price paid for the marketing plan. See Utah Code 11-13-102
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Audit: means a review by a supplier of a dealer's warranty claims records. See Utah Code 10-19-201
- Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
(a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and (b) carried forward into a subsequent year. See Utah Code 10-19-102
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Bee: means the common honey bee, Apis mellifera, at any stage of development. See Utah Code 4-24-308
- Beekeeper: includes an apiarist. See Utah Code 4-24-308
- Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 10-9a-103
- Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
- Brand: means any identifiable mark applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
- Breastfeeding: includes lactation. See Utah Code 10-9a-304
- Business opportunity: means an assisted marketing plan subject to this chapter. See Utah Code 11-13-102
- Cable television service: means :
(a) the one-way transmission to subscribers of: (i) video programming; or (ii) other programming service; and (b) subscriber interaction, if any, that is required for the selection or use of: (i) the video programming; or (ii) other programming service. See Utah Code 10-18-102
- Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102
- Carcass: means any part of the body of an animal, including entrails and edible meats. See Utah Code 4-24-102
- Charitable solicitation: means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. See Utah Code 10-9a-522
- Charter school: means :
(i) an operating charter school; (ii) a charter school applicant that has its application approved by a charter school authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or (iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 10-9a-103
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
- clearly and conspicuously disclose: means :
(a) in the print media: (i) to state in typeface that is sufficiently bold to be obviously seen; (ii) to state in type size of at least 10 point type for a 14" x 23" document, and, in larger documents, of a type size of proportionately the same size; and (iii) to place in the text so as to be obviously seen; (b) in radio advertising, to verbally state in the same volume as that used in the advertisement; (c) in television advertising, the method for print media or radio advertising is acceptable unless contrary to other governing laws. See Utah Code 10-9a-610
- Colony: means an aggregation of bees in any type of hive that includes queens, workers, drones, or brood. See Utah Code 4-24-308
- Commission: means the Public Service Commission. See Utah Code 10-19-102
- Commissioner: means the commissioner of agriculture and food. See Utah Code 4-7-110
- 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.
- Conditional use: means a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 10-9a-103
- Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or (b) Utah Constitution Article I, Section 22. See Utah Code 10-9a-103
- Consumer transaction: includes :
(i) any of the following with respect to a transfer or disposition described in Subsection (2)(a): (A) an offer; (B) a solicitation; (C) an agreement; or (D) performance of an agreement; or (ii) a charitable solicitation. See Utah Code 10-9a-522
- Contiguous: means :
(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County executive: means :Utah Code 48-2e-1156
- County legislative body: means :Utah Code 48-2e-1156
- Cross subsidize: means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. See Utah Code 10-18-102
- Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103
- Current net price: means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted. See Utah Code 10-19-201
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- dealer: means a person or any other entity having a dealer agreement for selling and retailing:
(a) agricultural equipment; (b) dairy and farmstead mechanization equipment; (c) construction, utility, and industrial equipment; (d) outdoor power equipment; (e) lawn and garden equipment; or (f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e). See Utah Code 10-19-201
- Dealer agreement: means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both. See Utah Code 10-19-201
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-7-110
- Development activity: means :
(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; (b) any change in use of a building or structure that creates additional demand and need for public facilities; or (c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 10-9a-103
- Direct costs: means those expenses of a municipality that:
(a) are directly attributable to providing: (i) a cable television service; or (ii) a public telecommunications service; and (b) would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102
- Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 10-9a-103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Disease: means any infectious or contagious disease affecting bees, as specified by the department, including American foulbrood. See Utah Code 4-24-308
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distributor: means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors. See Utah Code 10-18-102
- Division: means the Division of Consumer Protection. See Utah Code 10-9a-509
- Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 11-13-102
- Domesticated elk: means the same as that term is defined in Section 4-39-102. See Utah Code 4-24-102
- Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103
- Enforcing authority: means the Division of Consumer Protection. See Utah Code 10-9a-522
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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.
- Exhibitor: means any person engaged in the business of operating a theatre in this state. See Utah Code 10-18-102
- 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.
- Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing:
(a) cable television service; and (b) public telecommunications service. See Utah Code 10-18-102
- Felony: A crime carrying a penalty of more than a year in prison.
- Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 10-9a-522
- Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 10-9a-103
- 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: means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. See Utah Code 10-9a-503
- Flood plain: means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103
- Fraud: Intentional deception resulting in injury to another.
- Full-cost accounting: means the accounting of all costs incurred by a municipality in providing:
(i) a cable television service; or (ii) a public telecommunications service. See Utah Code 10-18-102
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
- Geologic hazard: means :
(a) a surface fault rupture; (b) shallow groundwater; (c) liquefaction; (d) a landslide; (e) a debris flow; (f) unstable soil; (g) a rock fall; or (h) any other geologic condition that presents a risk: (i) to life; (ii) of substantial loss of real property; or (iii) of substantial damage to real property. See Utah Code 10-9a-103
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Goods and services: means all items which may be the subject of a sales transaction. See Utah Code 10-9a-610
- Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
- Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Hide: means any skins or wool removed from livestock. See Utah Code 4-24-102
- Highway: includes :Utah Code 48-2e-1156
- Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
(a) recommend land use regulations to preserve local historic districts or areas; and (b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103
- Hive: means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees. See Utah Code 4-24-308
- Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other utility system. See Utah Code 10-9a-103
- Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103
- Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(a) recording a subdivision plat; or (b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103
- Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and workmanship; and (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103
- Improvement warranty period: means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or (b) no later than one year after a municipality's acceptance of required infrastructure, unless the municipality: (i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (ii) has substantial evidence, on record: (A) of prior poor performance by the applicant; or (B) that the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 10-9a-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
- Indirect costs: means any costs:
(i) identified with two or more services or other functions; and (ii) that are not directly identified with a single service or function. See Utah Code 10-18-102
- Infrastructure improvement: means permanent infrastructure that an applicant must install:
(a) pursuant to published installation and inspection specifications for public improvements; and (b) as a condition of: (i) recording a subdivision plat; or (ii) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Interlocal entity: means :
(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or (b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
- Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
(a) runs with the land; and (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or (ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 10-9a-103
- Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103
- Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
- 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.
- Jurisprudence: The study of law and the structure of the legal system.
- Land: includes :Utah Code 48-2e-1156
- Land use authority: means :
(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
- Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(a) a land use permit; (b) a land use application; or (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 10-9a-103
- Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
- 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 municipal council. See Utah Code 10-9a-103
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License agreement: means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state. See Utah Code 10-18-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Livestock: means cattle, calves, horses, mules, sheep, goats, or hogs. See Utah Code 4-24-102
- Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102
- Local district: means an entity under Title 17B, Limited Purpose Local Government Entities - Local Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 10-9a-103
- Local historic district or area: means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and (b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
- Mark: means any cutting and shaping of the ears or brisket area of livestock that is intended to show ownership. See Utah Code 4-24-102
- Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
- Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102
- Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b) a town, as classified in Section 10-2-301; or (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Nominal fee: means a fee that reasonably reimburses a municipality only for time spent and expenses incurred in:
(a) verifying that building plans are identical plans; and (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 10-9a-103
- Noncomplying structure: means a structure that:
(a) legally existed before its current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. See Utah Code 10-9a-103
- Nonconforming use: means a use of land that:
(a) legally existed before its current land use designation; (b) has been maintained continuously since the time the land use ordinance governing the land changed; and (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 10-9a-103
- Nondiscounted price: means a price at which the goods or services are offered at the time of the price assessment without a temporary store reduction in price. See Utah Code 10-9a-610
- 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.
- Official map: means a map drawn by municipal authorities and recorded in a county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c) has been adopted as an element of the municipality's general plan. See Utah Code 10-9a-103
- Open range: means land upon which cattle, sheep, or other domestic animals are grazed or permitted to roam by custom, license, lease, or permit. See Utah Code 4-24-102
- Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
- Owner: means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived. See Utah Code 10-9a-503
- Parasite: means an organism that parasitizes any developmental stage of a bee. See Utah Code 4-24-308
- Parcel boundary adjustment: means a recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
(a) no additional parcel is created; and (b) each property identified in the agreement is unsubdivided land, including a remainder of subdivided land. See Utah Code 10-9a-103
- 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.
- Performing group: means a vocal or instrumental group that performs live music for a paying audience. See Utah Code 10-9a-610
- Performing rights society or organization: means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. See Utah Code 10-9a-509
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-7-110
- Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. See Utah Code 10-9a-522
- Person: means an individual, including a consumer, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Utah Code 10-9a-610
- Person: means any natural person, corporation, partnership, organization, association, trust, or any other legal entity. See Utah Code 11-13-102
- Person: means :Utah Code 48-2e-1156
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
- Personal property: includes :Utah Code 48-2e-1156
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan for moderate income housing: means a written document adopted by a city legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the city; (b) an estimate of the need for moderate income housing in the city for the next five years as revised biennially; (c) a survey of total residential land use; (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and (e) a description of the city's program to encourage an adequate supply of moderate income housing. See Utah Code 10-9a-103
- Plat: means a map or other graphical representation of lands being laid out and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13. See Utah Code 10-9a-103
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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.
- Potential geologic hazard area: means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 10-9a-103
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Price assessment: means the determination of the prices underlying a price comparison. See Utah Code 10-9a-610
- Price assessor: means a firm or individual that determines the prices, including the reference prices, underlying the price comparison, or who makes the price comparison. See Utah Code 10-9a-610
- Price comparison: means any express representation that a specific savings, reduction, or discount exists or will exist between the supplier's advertised price and another specific price. See Utah Code 10-9a-610
- Private provider: means a person that:
(a) provides: (i) cable television services; or (ii) public telecommunications services; and (b) is a private entity. See Utah Code 10-18-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
- Product area: means the geographical area in which the prospective purchasers to whom the advertisement is aimed could reasonably be expected to seek the goods or services in question. See Utah Code 10-9a-610
- Project: includes a project entity's ownership interest in:
(i) facilities that provide additional project capacity; (ii) facilities providing replacement project capacity; and (iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project. See Utah Code 11-13-103
- Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
- Property: includes both real and personal property. See Utah Code 48-2e-1156
- Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which:
(a) the public may assemble; and (b) musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. See Utah Code 10-9a-509
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public agency: means :
(a) a city, town, county, school district, local district, special service district, an interlocal entity, or other political subdivision of the state; (b) the state or any department, division, or agency of the state; (c) any agency of the United States; (d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or (e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
- Public agency: means :
(a) the federal government; (b) the state; (c) a county, municipality, school district, local district, special service district, or other political subdivision of the state; or (d) a charter school. See Utah Code 10-9a-103
- Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
- Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102
- Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102
- Purchaser: means a person who becomes obligated to pay for an assisted marketing plan. See Utah Code 11-13-102
- Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
(a) (i) the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or (ii) the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and (b) the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102
- Quorum: The number of legislators that must be present to do business.
- Raise: means :
(a) to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and (b) when the person holding a colony holds the colony or a package of bees in the state for a period of time exceeding 30 days. See Utah Code 4-24-308
- real property: includes :Utah Code 48-2e-1156
- Receiving zone: means an area of a municipality that the municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 10-9a-103
- Record of survey map: means a map of a survey of land prepared in accordance with Section 17-23-17. See Utah Code 10-9a-103
- Recording group: means a vocal or instrumental group at least one of the members of which has released a commercial sound recording under the group's name, if the member has a legal right to use of the group's name. See Utah Code 10-9a-610
- Regular price: means the price at which a supplier has recently offered the goods or services for sale in good faith in the regular course of business. See Utah Code 10-9a-610
- 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.
- Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102
- Renewable energy source: means :
(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995 that derives its energy from one or more of the following: (i) wind energy; (ii) solar photovoltaic and solar thermal energy; (iii) wave, tidal, and ocean thermal energy; (iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A) organic waste; (B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C) agricultural residues; (D) dedicated energy crops; and (E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v) geothermal energy located outside the state; (vi) waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from: (A) an abandoned coal mine; or (B) a coal degassing operation associated with a state-approved mine permit; (vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995; (viii) a compressed air energy storage process, if: (A) the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or (B) equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process; or (ix) municipal solid waste; (b) any of the following: (i) up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization; (ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and (iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational; (c) hydrogen gas derived from any source of energy described in Subsection (11)(a) or (b); (d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (11)(a) through (c); and (e) any of the following located in the state and owned by a user of energy: (i) a demand side management measure, as defined by Subsection 54-7-12. See Utah Code 10-19-102
- 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.
- Residential facility for persons with a disability: means a residence:
(a) in which more than one person with a disability resides; and (b) (i) which is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or (ii) which is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 10-9a-103
- Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
- Road: includes :Utah Code 48-2e-1156
- royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works. See Utah Code 10-9a-509
- Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103
- Seller: means a person who sells or offers to sell an assisted marketing plan. See Utah Code 11-13-102
- Sending zone: means an area of a municipality that the municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 10-9a-103
- 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
- Specified public agency: means :
(a) the state; (b) a school district; or (c) a charter school. See Utah Code 10-9a-103
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
- State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Street: means a public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way. See Utah Code 10-9a-103
- Subdivision: includes :
(i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and (ii) except as provided in Subsection (57)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
- Subpoena: A command to a witness to appear and give testimony.
- Subscribers: means a person that lawfully receives:
(a) cable television services; or (b) public telecommunications services. See Utah Code 10-18-102
- Supplier: means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly with the consumer. See Utah Code 10-9a-522
- Supplier: means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces sales transactions, whether or not he deals directly with the purchaser. See Utah Code 10-9a-610
- Supplier: includes :
(i) any successor in interest, including a purchaser of assets or stock; and (ii) a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty. See Utah Code 10-19-201
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Terminal disease: means a pest, parasite, or pathogen that will kill an occupant colony or subsequent colony on the same equipment. See Utah Code 4-24-308
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Theatre: means any establishment in which motion pictures are exhibited regularly to the public for a charge. See Utah Code 10-18-102
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
- 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.
- Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 10-9a-103
- Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103
- Unbundled renewable energy certificate: means a renewable energy certificate associated with:
(a) qualifying electricity that is acquired by a municipal electric utility or other person by trade, purchase, or other transfer without acquiring the electricity for which the certificate was issued; or (b) activities listed in Subsection (11)(e). See Utah Code 10-19-102
- 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.
- Utah public agency: means a public agency under Subsection (19)(a) or (b). See Utah Code 11-13-103
- Warranty claim: means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a:
(a) warranty issued by the supplier; or (b) recall or modification order issued by the supplier. See Utah Code 10-19-201
- Water interest: means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 73-1-11; and (b) an ownership interest in the right to the beneficial use of water represented by: (i) a contract; or (ii) a share in a water company, as defined in Section 73-3-3. See Utah Code 10-9a-103
- Writing: includes :Utah Code 48-2e-1156
- Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103
- Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by: