Terms Used In Utah Code > Title 4 > Chapter 20 - Rangeland Improvement Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Affected municipality: means an incorporated city or town:

  (a)	that is located in the notice area; and

  (b)

  (i)  within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or (ii)  within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102 Affiliate: has the meaning set forth in Section 16-10a-102. See Utah Code 13-14-102 Aftermarket product: means any product or service not included in the franchisor's suggested retail price of the new motor vehicle, as that price appears on the label required by 15 U. See Utah Code 13-14-102 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 4-1-109 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Audiovisual recording function: means the capability of a device to record or transmit a motion picture or any part of the motion picture by means of any technology. See Utah Code 13-10b-102 Authority: means the State Fair Park Authority, created in Section 11-68-201. See Utah Code 11-68-101 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. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Board: means the authority board, created in Section 11-68-301. See Utah Code 11-68-101 board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102 Business opportunity: means an arrangement under which a person: (i)  sells or leases a product, equipment, a supply, or a service: (A)  upon payment of initial required consideration of at least $500; and (B)  for the purpose of enabling the buyer or lessee to start a business; and (ii)  represents to the buyer or lessee that: (A)  the person will provide a location or assist the buyer or lessee find a location for the use or operation of a vending machine, rack, display case, or other similar device, or a currency-operated amusement machine or device, on premises neither owned nor leased by the person nor the buyer or lessee; (B)  the person will purchase a product the buyer or lessee makes, produces, fabricates, grows, or modifies, using in whole or in part the product, equipment, supply, or service the buyer or lessee buys or leases from the person; (C)  the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied; or (D)  the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service. See Utah Code 13-15-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealership: means a site or location in this state: (a)  at which a franchisee conducts the business of a new motor vehicle dealer; and (b)  that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Commerce. See Utah Code 13-1b-101 Department: means the Department of Commerce. See Utah Code 13-14-102 Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Dependent: A person dependent for support upon another. Development: means : (a)  the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility; and (b)  the planning of, arranging for, or participation in any of the activities listed in Subsection (5)(a). See Utah Code 11-68-101 Director: means the director of the office. See Utah Code 13-1b-101 Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 11-68-101 Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102 Do-not-drive order: means an order issued by a franchisor that instructs an individual not to operate a motor vehicle of the franchisor's line-make due to a recall. See Utah Code 13-14-102 Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102 Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102 Donor: The person who makes a gift. Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102 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. Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Executive director: means the executive director hired by the board under Section 11-68-302. See Utah Code 11-68-101 Executive director: means the executive director of the Department of Commerce. See Utah Code 13-1b-101 Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102 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. Fair park land: includes any land acquired by the authority under Subsection 11-68-201(6)(i). See Utah Code 11-68-101 Fees: means the revenue collected by the United States secretary of interior from assessments on livestock using public lands. See Utah Code 4-20-102 fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 13-14-102 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. Franchise: means the same as that term is defined by Federal Trade Commission rules governing franchise and business opportunity ventures. See Utah Code 13-15-102 franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102 Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102 Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes: (a)  the manufacturer, producer, assembler, or distributor of the new motor vehicles; (b)  an intermediate distributor; and (c)  an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government requestor: means : (a)  the governor; (b)  an executive branch officer other than the governor; (c)  an executive branch agency; (d)  a legislator; or (e)  a legislative committee. See Utah Code 13-1b-101 Grazing district: means an administrative unit of land: (a)  designated by the commissioner as valuable for grazing and for raising forage crops; and (b)  that consists of any combination of the following: (i)  public lands; (ii)  private land; (iii)  state land; and (iv)  school and institutional trust land as defined in Section 53C-1-103. See Utah Code 4-20-102 Guarantee: means a written agreement that: (a)  a purchaser and seller sign; and (b)  discloses the complete details and each limitation or exception of the agreement. See Utah Code 13-15-102 Highway: includes :Utah Code 68-3-12.5 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. Initial required consideration: includes the sum of any down payment and the total of all additional payments, if the purchaser's payment under the terms of the business opportunity is over a period of time. See Utah Code 13-15-102 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lead: means the referral by a franchisor to a franchisee of a potential customer whose contact information was obtained from a franchisor's program, process, or system designed to generate referrals for the purchase or lease of a new motor vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-14-102 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 leases: means the sale or lease, respectively, of isolated or disconnected tracts of public lands by the United States secretary of interior. See Utah Code 4-20-102 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 licensing: means a state-granted authorization for a person to engage in a specified occupation: (a)  based on the person meeting personal qualifications established under state law; and (b)  where state law requires the authorization before the person may lawfully engage in the occupation for compensation. See Utah Code 13-1b-101 Lien: A claim against real or personal property in satisfaction of a debt. Line-make: means : (a)  for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or (b)  for a recreational vehicle, a specific series of recreational vehicle product that: (i)  is identified by a common series trade name or trademark; (ii)  is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range; (iii)  has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price; (iv)  belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and (v)  a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102 Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109 Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Motion picture theater: means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the commission of an offense under Section 13-10b-201. See Utah Code 13-10b-102 Motor home: means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102 Motor vehicle: means : (i)  except as provided in Subsection (16)(b), a trailer; (ii)  a travel trailer; (iii)  except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102; (iv)  a semitrailer as defined in Section 41-1a-102; and (v)  a recreational vehicle. See Utah Code 13-14-102 New motor vehicle: means a motor vehicle that: (a)  has never been titled or registered; and (b)  for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102 New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102 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. Notice area: means the geographic area that is: (a)  within a radius of at least six miles and no more than 10 miles from the site of an existing dealership; and (b)  located within a county with a population of at least 225,000. See Utah Code 13-14-102 notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Occupation: means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation. See Utah Code 13-1b-101 Office: means the Office of Professional Licensure Review created in this chapter. See Utah Code 13-1b-101 Owner or employee: means the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee. See Utah Code 13-10b-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. Periodic review: means a review described in Subsection 13-1b-203(2). See Utah Code 13-1b-101 Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109 Person: means :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Personal qualifications: includes : (i)  completion of an approved education program; (ii)  satisfactory performance on an examination; (iii)  work experience; and (iv)  completion of continuing education. See Utah Code 13-1b-101 Plaintiff: The person who files the complaint in a civil lawsuit. 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. Primary market area: means : (a)  for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or (b)  for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102 Principal: means as the division determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 13-15-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Purchaser: means a person who buys or leases from another person a business opportunity. See Utah Code 13-15-102 Quorum: The number of legislators that must be present to do business. Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102 Recall repair: means any diagnostic work, labor, or part necessary to resolve an issue that is the basis of a recall. See Utah Code 13-14-102 Recreational vehicle: includes : (i)  a travel trailer; (ii)  a camping trailer; (iii)  a motor home; (iv)  a fifth wheel trailer; and (v)  a van. See Utah Code 13-14-102 Regional board: means a regional grazing advisory board with members appointed under Section 4-20-104. See Utah Code 4-20-102 Regulated occupation: means an occupation that: (a)  requires a person to obtain a license to practice the occupation; or (b)  provides for state certification or state registration. See Utah Code 13-1b-101 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. Restricted account: means the Rangeland Improvement Account created in Section 4-20-105. See Utah Code 4-20-102 Seller: means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity. See Utah Code 13-15-102 service mark: means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation. See Utah Code 13-15-102 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 68-3-12.5 Site-control agreement: means an agreement, however denominated and regardless of the agreement's form or of the parties to the agreement, that has the effect of: (a)  controlling in any way the use and development of the premises upon which a franchisee's business operations are located; (b)  requiring a franchisee to establish or maintain an exclusive dealership facility on the premises upon which the franchisee's business operations are located; or (c)  restricting the ability of the franchisee or, if the franchisee leases the dealership premises, the franchisee's lessor to transfer, sell, lease, develop, redevelop, or change the use of some or all of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease, option to purchase or lease, or any similar arrangement. See Utah Code 13-14-102 Small trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 State board: means the Utah Grazing Improvement Program Advisory Board created under Section 4-20-103. See Utah Code 4-20-102 State certification: means a state-granted authorization given to a person to use the term "state certified" as part of a designated title related to engaging in a specified occupation: (a)  based on the person meeting personal qualifications established under state law; and (b)  where state law prohibits a noncertified person from using the term "state certified" as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation. See Utah Code 13-1b-101 State registration: means a state-granted authorization given to a person to use the term "state registered" as part of a designated title related to engaging in a specified occupation: (a)  based on the person meeting requirements established under state law, which may include the person's name and address, the person's agent for service of process, the location of the activity to be performed, and bond or insurance requirements; (b)  where state law does not require the person to meet any personal qualifications; and (c)  where state law prohibits a nonregistered person from using the term "state registered" as part of a designated title. See Utah Code 13-1b-101 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305 Sunrise review: means a review under this chapter of an application to establish a new regulated occupation. See Utah Code 13-1b-101 Suspect domesticated elk: means a domesticated elk for which: (a)  the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen: (i)  unofficial test results; (ii)  laboratory evidence; or (iii)  clinical signs; and (b)  official laboratory results for a disease spreading pathogen: (i)  are inconclusive; or (ii)  have not been conducted. See Utah Code 4-39-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Used motor vehicle: means a motor vehicle that: (a)  has been titled and registered to a purchaser other than a franchisee; or (b)  for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102 Venue: The geographical location in which a case is tried. Writing: includes :Utah Code 68-3-12.5