§ 4-31-101 Title
§ 4-31-102 Dead domestic animals — Duty of owner to bury or otherwise dispose of them — Liability for costs
§ 4-31-103 Dead animals — Deposit on another’s land prohibited
§ 4-31-104 Penalty
§ 4-31-105 Outbreak of contagious or infectious disease — Assistance of federal authorities
§ 4-31-106 Epidemic of contagious or infectious disease — Condemnation or destruction of infected or exposed livestock — Destruction of other property
§ 4-31-107 Appraisal of fair market value before destruction
§ 4-31-108 Euthanasia for postmortem examination
§ 4-31-109 Department authorized to make and enforce rules concerning brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock
§ 4-31-109.1 Trichomoniasis fines
§ 4-31-110 Dairy cattle subject to inspection for disease
§ 4-31-111 Imported animals — Health certificate
§ 4-31-113 Restrictions on movement of infected or exposed animals
§ 4-31-114 Report of vesicular disease
§ 4-31-115 Contagious or infectious disease, or any epidemic or poisoning — Duties of department
§ 4-31-116 Quarantine — Peace officers to assist in maintenance of quarantine
§ 4-31-118 Animal disease traceability
§ 4-31-119 Disease control of poultry, waterfowl, and game-birds

Terms Used In Utah Code > Title 4 > Chapter 31 - Control of Animal Disease

  • Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
  • Address: includes :
    (i) a post office box number;
    (ii) a rural free delivery route number; and
    (iii) a street name and number. See Utah Code 16-6a-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrative proceeding: means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103
  • 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.
  • Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 4-41a-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
    (i) another domestic or foreign corporation;
    (ii) another person; or
    (iii) an employee benefit plan. See Utah Code 16-6a-901
  • Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
  • 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
  • Agriculture water: means :
    (a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
    (b) return flows from irrigated agriculture; and
    (c) agricultural storm water runoff. See Utah Code 19-5-102
  • AHJ: means "authority having jurisdiction" which is:
    (a) the State Fire Marshal;
    (b) an authorized deputy of the State Fire Marshal; or
    (c) the local fire enforcement authority. See Utah Code 15A-5-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Applicant: means the person:
    (a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
    (b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
  • Appraisal: A determination of property value.
  • 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.
  • Articles of incorporation: include :
    (a) amended articles of incorporation;
    (b) restated articles of incorporation;
    (c) articles of merger; and
    (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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
  • Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
  • board: means the Cannabis Production Establishment Licensing Advisory Board created in Section 4-41a-201. See Utah Code 4-41a-102
  • Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
  • Board: means the Drinking Water Board appointed under Section 19-4-103. See Utah Code 19-4-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Cannabis concentrate: means :
    (a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and
    (b) any amount of a natural cannabinoid or artificially derived cannabinoid in an artificially derived cannabinoid's purified state. See Utah Code 4-41a-102
  • Cannabis cultivation byproduct: means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product. See Utah Code 4-41a-102
  • Cannabis cultivation facility: means a person that:
    (a) possesses cannabis;
    (b) grows or intends to grow cannabis; and
    (c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee. See Utah Code 4-41a-102
  • Cannabis cultivation facility agent: means an individual who:
         holds a valid cannabis production establishment agent registration card with a cannabis cultivation facility designation. See Utah Code 4-41a-102
  • Cannabis plant product: means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant. See Utah Code 4-41a-102
  • Cannabis processing facility: means a person that:
    (a) acquires or intends to acquire cannabis from a cannabis production establishment;
    (b) possesses cannabis with the intent to manufacture a cannabis product;
    (c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
    (d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. See Utah Code 4-41a-102
  • Cannabis processing facility agent: means an individual who:
         holds a valid cannabis production establishment agent registration card with a cannabis processing facility designation. See Utah Code 4-41a-102
  • Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
  • Cannabis production establishment agent: means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent. See Utah Code 4-41a-102
  • Cannabis production establishment agent registration card: means a registration card that the department issues that:
    (a) authorizes an individual to act as a cannabis production establishment agent; and
    (b) designates the type of cannabis production establishment for which an individual is authorized to act as an agent. See Utah Code 4-41a-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
  • Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • 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.
  • Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 4-41a-102
  • Community water system: means a public water system that serves residents year-round. See Utah Code 19-4-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completion: means , regarding property covered by an agreement:
    (a) no further response actions are necessary; or
    (b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
  • Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-5-102
  • Contaminant: means :
    (a) hazardous materials as defined in Section 19-6-302;
    (b) hazardous substance as defined in Section 19-6-302;
    (c) hazardous waste as defined in Section 19-6-102;
    (d) hazardous waste constituent listed in 40 C. See Utah Code 19-8-102
  • Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-4-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
  • Corporate name: means :
    (a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
    (b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
    (c) the name of a foreign corporation as stated in the foreign corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation; or
    (d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
  • Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-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.
  • County legislative body: means :Utah Code 68-3-12.5
  • Cultivation space: means , quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels. See Utah Code 4-41a-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Delegate: means a person elected or appointed to vote in a representative assembly:
    (a) for the election of a director; or
    (b) on matters other than the election of a director. See Utah Code 16-6a-102
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Delivery address: means :
    (a) for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or
    (b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 4-41a-102
  • Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
  • Director: means the director of the Division of Drinking Water. See Utah Code 19-4-102
  • Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
  • Discharge permit: means a permit issued to a person who:
    (a) discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or
    (b) generates or manages sewage sludge. See Utah Code 19-5-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
  • Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
    (i) members;
    (ii) directors; or
    (iii) officers. See Utah Code 16-6a-102
  • Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Division: means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). See Utah Code 19-4-102
  • domestic corporation: means a corporation for profit that:
    (a) is not a foreign corporation; and
    (b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
  • domestic nonprofit corporation: means an entity that:
    (a) is not a foreign nonprofit corporation; and
    (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
  • Donor: The person who makes a gift.
  • Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Election officer: means :
    (a) the lieutenant governor, for all statewide ballots and elections;
    (b) the county clerk for:
    (i) a county ballot and election; and
    (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-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.
  • Entity: includes :
    (a) a domestic or foreign corporation;
    (b) a domestic or foreign nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; or
    (l) a foreign government. See Utah Code 16-6a-102
  • Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
  • Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103
  • Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103
  • Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103
  • 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 director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
  • Expenses: includes attorneys' fees. See Utah Code 16-6a-901
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family member: means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. See Utah Code 4-41a-102
  • Fiduciary: A trustee, executor, or administrator.
  • 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:
    (a) incorporated under a law other than the laws of this state; and
    (b) 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental entity: means :
    (a) 
    (i) the executive branch of the state;
    (ii) the judicial branch of the state;
    (iii) the legislative branch of the state;
    (iv) an independent entity, as defined in Section 63E-1-102;
    (v) a political subdivision of the state;
    (vi) a state institution of higher education, as defined in Section 53B-3-102;
    (vii) an entity within the state system of public education; or
    (viii) the National Guard; or
    (b) any of the following that is established or controlled by a governmental entity listed in Subsection (28)(a) to carry out the public's business:
    (i) an office;
    (ii) a division;
    (iii) an agency;
    (iv) a board;
    (v) a bureau;
    (vi) a committee;
    (vii) a department;
    (viii) an advisory board;
    (ix) an administrative unit; or
    (x) a commission. See Utah Code 16-6a-102
  • Governmental subdivision: means :
    (a) a county;
    (b) a city;
    (c) a town; or
    (d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
  • Groundwater source: includes :
    (i) a well;
    (ii) a spring;
    (iii) a tunnel; or
    (iv) an adit. See Utah Code 19-4-102
  • IFC: means the edition of the International Fire Code adopted under Section 15A-5-103. See Utah Code 15A-5-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102
  • Independent cannabis testing laboratory agent: means an individual who:
         holds a valid cannabis production establishment agent registration card with an independent cannabis testing laboratory designation. See Utah Code 4-41a-102
  • Individual: means :
    (a) a natural person;
    (b) the estate of an incompetent individual; or
    (c) the estate of a deceased individual. See Utah Code 16-6a-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
    (a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
    (b) 
    (i) limits the use of the real property, groundwater, or surface water;
    (ii) limits activities that may be performed on or at the property; or
    (iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
  • 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
  • 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
  • Inventory control system: means a system described in Section 4-41a-103. See Utah Code 4-41a-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.
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
    (a) an excise tax assessed with respect to an employee benefit plan; or
    (b) reasonable expenses. See Utah Code 16-6a-901
  • 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, 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
  • Local health department: means a local health department as defined in 1. See Utah Code 19-1-103
  • Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102
  • mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
  • Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis card: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis courier: means a courier that:
    (a) the department licenses in accordance with Section 4-41a-1201; and
         (b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102
  • Medical cannabis pharmacy: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis shipment: means a shipment of medical cannabis or a medical cannabis product that a home delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order that the state central patient portal facilitates. See Utah Code 4-41a-102
  • Medical cannabis treatment: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medicinal dosage form: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • money: means :
    (i) legal tender;
    (ii) a negotiable instrument; or
    (iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Mutual benefit corporation: means a nonprofit corporation:
    (a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
    (b) 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
  • NFPA: means the edition of the National Fire Protection Association adopted under Section 15A-5-103. See Utah Code 15A-5-102
  • 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.
  • Nonprofit corporation: means a nonprofit corporation as defined in Section 16-6a-102. See Utah Code 16-4-102
  • Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-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.
  • Official capacity: means :
    (i) when used with respect to a director, the office of director in a corporation; and
    (ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
  • Party related to a director: means :
    (a) the spouse of the director;
    (b) a child of the director;
    (c) a grandchild of the director;
    (d) a sibling of the director;
    (e) a parent of the director;
    (f) the spouse of an individual described in Subsections (38)(b) through (e);
    (g) an individual having the same home as the director;
    (h) a trust or estate of which the director or another individual specified in this Subsection (38) is a substantial beneficiary; or
    (i) any of the following of which the director is a fiduciary:
    (i) a trust;
    (ii) an estate;
    (iii) an incompetent;
    (iv) a conservatee; or
    (v) a minor. See Utah Code 16-6a-102
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • 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
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Pharmacy medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • 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.
  • pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102
  • Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means :
    (a) 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:
    (i) an annual report;
    (ii) an application for a certificate of authority; or
    (iii) a notice of change of principal office; or
    (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration;
    (c) mediation;
    (d) a criminal action;
    (e) an administrative action; or
    (f) an investigatory action. See Utah Code 16-6a-102
  • Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Profit corporation: means a corporation as defined in Section 16-10a-102. See Utah Code 16-4-102
  • Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102
  • Public water system: includes :
    (i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and
    (ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. See Utah Code 19-4-102
  • Publicly owned treatment works: means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 19-5-102
  • Qualified medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Qualified Production Enterprise Fund: means the fund created in Section 4-41a-104. See Utah Code 4-41a-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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:
    (a) by the domestic or foreign nonprofit corporation at:
    (i) its registered office in this state; or
    (ii) its principal office;
    (b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
    (c) 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
  • Record date: means the date established under 6, or 7, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered agent: means the registered agent of:
    (a) a domestic nonprofit corporation; or
    (b) a foreign nonprofit corporation. 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:
    (a) articles of incorporation;
    (b) an application for a certificate of authority; or
    (c) a notice of change of registered office. See Utah Code 16-6a-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Research university: means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:
    (a) is accredited by the Northwest Commission on Colleges and Universities;
    (b) grants doctoral degrees; and
    (c) has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4. See Utah Code 4-41a-102
  • Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
  • Retail water supplier: means a person that:
    (a) supplies water for human consumption and other domestic uses to an end user; and
    (b) has more than 500 service connections. See Utah Code 19-4-102
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
    (a) the preparation and maintenance of:
    (i) minutes of the meetings of:
    (A) the board of directors; or
    (B) the members; and
    (ii) the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and
    (b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-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.
  • Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102
  • Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102
  • Share: means a share as defined in:
    (a) Section 16-6a-102 for a nonprofit corporation; and
    (b) Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102
  • Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
  • Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • 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 electronic verification system: means the system described in Section 26B-4-202. See Utah Code 4-41a-102
  • Statute: A law passed by a legislature.
  • Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102
  • 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.
  • 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.
  • Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
  • 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.
  • Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102
  • Underground wastewater disposal system: means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. See Utah Code 19-5-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-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 :
    (a) the same as that term is defined in Subsection 16-4-102(5); or
    (b) 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
  • Wholesale water supplier: means a person that provides most of that person's water to a retail water supplier. See Utah Code 19-4-102
  • Writing: includes :Utah Code 68-3-12.5