Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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.
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 4-1-109
AHJ: means "authority having jurisdiction" which is:
the State Fire Marshal;
an authorized deputy of the State Fire Marshal; or
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.
Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-11-102
Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-11-102
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.
Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-11-102
Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102
Council: means the career service council, a three-member appeals and personnel advisory board. See Utah Code 17-33-2
County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
Encumbrance system: means a method of budgetary control where part of an appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase orders, contracts, or salary commitments to an appropriation account. See Utah Code 17-36-3
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.
Entity: includes :
a domestic or foreign corporation;
a domestic or foreign nonprofit corporation;
a limited liability company;
a profit or nonprofit unincorporated association;
a business trust;
two or more persons having a joint or common economic interest;
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
Estimated revenue: means any revenue estimated to be received during the budget period in any fund for which a budget is prepared. See Utah Code 17-36-3
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:
the power and duty to carry laws and ordinances into effect and secure their due observance; and
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 of the Department of Commerce. See Utah Code 16-6a-102
Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
Felony: A crime carrying a penalty of more than a year in prison.
Fiduciary: A trustee, executor, or administrator.
Filling material: means cotton, wool, kapok, feathers, down, shoddy, hair, or other material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing. See Utah Code 4-10-102
Fire jurisdiction: means a contiguous geographic area for which there is a single authority having jurisdiction. See Utah Code 15A-5-102
Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
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.
Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
Foreign nonprofit corporation: means an entity:
incorporated under a law other than the laws of this state; and
that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
Fraud: Intentional deception resulting in injury to another.
Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
Fund balance: means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. See Utah Code 17-36-3
General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3
Governmental entity: means :
the executive branch of the state;
the judicial branch of the state;
the legislative branch of the state;
an independent entity, as defined in Section 63E-1-102;
a political subdivision of the state;
a state institution of higher education, as defined in Section 53B-3-102;
an entity within the state system of public education; or
the National Guard; or
any of the following that is established or controlled by a governmental entity listed in Subsection (27)(a) to carry out the public's business:
Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
Industrial hemp certificate: means a certificate that the department issues to a higher education institution to grow or cultivate industrial hemp under Subsection 4-41-103(1). See Utah Code 4-41-102
Industrial hemp certificate holder: means a person possessing an industrial hemp certificate that the department issues under this chapter. See Utah Code 4-41-102
Industrial hemp laboratory permit: means a permit that the department issues to a laboratory qualified to test industrial hemp under the state hemp production plan. See Utah Code 4-41-102
Industrial hemp producer license: means a license that the department issues to a person for the purpose of cultivating or processing industrial hemp or an industrial hemp product. See Utah Code 4-41-102
Industrial hemp product: means a product derived from, or made by, processing industrial hemp plants or industrial hemp parts. See Utah Code 4-41-102
Industrial hemp retailer permit: means a permit that the department issues to a retailer who sells any industrial hemp product. See Utah Code 4-41-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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
Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 17-36-3
Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102
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.
Label: means the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
Laboratory permittee: means a person possessing an industrial hemp laboratory permit that the department issues under this chapter. See Utah Code 4-41-102
Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 17-36-3
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
Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
the power and duty to enact ordinances, levy taxes, and establish budgets; and
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
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensee: means a person possessing an industrial hemp producer license that the department issues under this chapter. See Utah Code 4-41-102
Lien: A claim against real or personal property in satisfaction of a debt.
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
Manufacture: means to make, process, or prepare from new or secondhand material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling material for sale. See Utah Code 4-10-102
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
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipal service: means a service not provided on a countywide basis and not accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation water retail service, water conservation, local parks, sewers, sewage treatment and disposal, cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service. See Utah Code 17-36-3
Mutual benefit corporation: means a nonprofit corporation:
that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
New material: includes by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded. See Utah Code 4-10-102
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.
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
Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Package: means any number of bees in a bee-tight container, with or without a queen, and without comb. See Utah Code 4-11-102
Parasite: means an organism that parasitizes any developmental stage of a bee. See Utah Code 4-11-102
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.
Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
inflicts damage to a bee or bee colony directly or indirectly; or
may damage apiary equipment in a manner that is likely to have an adverse effect on the health of the colony or an adjacent colony. See Utah Code 4-11-102
Position classification: means a grouping of positions under the same title which are sufficiently similar to be compensated at the same salary range and to which the same tests of ability can be applied. See Utah Code 17-33-2
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
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.
Principal office: means :
the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
an annual report;
an application for a certificate of authority; or
a notice of change of principal office; or
if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
Quilted clothing: means a filled garment or apparel, exclusive of trim used for aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole or in part from filling material and sold or offered for sale. See Utah Code 4-10-102
Quorum: The number of legislators that must be present to do business.
Raise: means :
to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and
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 4-11-102
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
by the domestic or foreign nonprofit corporation at:
its registered office in this state; or
its principal office;
by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
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.
Repair: means to restore, recover, alter, or renew bedding or upholstered furniture for a consideration. See Utah Code 4-10-102
Retailer: means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. See Utah Code 4-10-102
Retained earnings: means that part of the net earnings retained by an enterprise or internal service fund which is not segregated or reserved for any specific purpose. See Utah Code 17-36-3
State hemp production plan: means a plan submitted by the state to, and approved by, the United States Department of Agriculture in accordance with 7 C. See Utah Code 4-41-102
Statute: A law passed by a legislature.
Sterilize: means to disinfect, decontaminate, sanitize, cleanse, or purify as required by Section 4-10-113. See Utah Code 4-10-102
Subpoena: A command to a witness to appear and give testimony.
Tag: means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. See Utah Code 4-10-102
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 4-11-102
Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 16-6a-102
Trustee: A person or institution holding and administering property in trust.
Unappropriated surplus: means that part of a fund which is not appropriated for an ensuing budget period. See Utah Code 17-36-3
United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Upholstered furniture: means portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusive of trim used for aesthetic effect. See Utah Code 4-10-102
Used: means an article that has been sold to a consumer and has left the store. See Utah Code 4-10-102
Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102
Water company: means :
the same as that term is defined in Subsection 16-4-102(5); or
a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102
Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-9-102
Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-9-102
Weights and measures registration: means the issuance of a certificate by the commissioner to a weights and measures user. See Utah Code 4-9-102
Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102
Wholesaler: means a person who offers an article for resale to a retailer or institution rather than a final consumer. See Utah Code 4-10-102