§ 4-33-101 Title
§ 4-33-102 Purpose of chapter
§ 4-33-103 Definition
§ 4-33-104 Administrative and enforcement powers of department
§ 4-33-105 Prohibitions
§ 4-33-106 Octane rating determination and posting
§ 4-33-107 Inspection, sampling, testing, and analysis of fuels by department
§ 4-33-108 Locking and sealing of pumps in violation of chapter — Posting notice — Removal of sealed fuel — Resealing
§ 4-33-109 Warrant to enter premises for inspection or sampling
§ 4-33-110 Interstate commerce — Chapter inapplicable to fuel in transit through state

Terms Used In Utah Code > Title 4 > Chapter 33

  • Activity regulated under this title: means an act, attempted act, or activity prohibited or regulated under this title or the rules, and proclamations promulgated under this title pertaining to protected wildlife including:
    (a) fishing;
    (b) hunting;
    (c) trapping;
    (d) taking;
    (e) permitting any dog, falcon, or other domesticated animal to take;
    (f) transporting;
    (g) possessing;
    (h) selling;
    (i) wasting;
    (j) importing;
    (k) exporting;
    (l) rearing;
    (m) keeping;
    (n) using as a commercial venture; and
    (o) releasing to the wild. See Utah Code 23-13-2
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • 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.
  • Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
  • 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.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Big game: means species of hoofed protected wildlife. See Utah Code 23-13-2
  • Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
  • Carcass: means the dead body of an animal or its parts. See Utah Code 23-13-2
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certificate of registration: means a paper-based or electronic document issued under this title, or any rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23-13-2
  • 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 Financial Institutions. See Utah Code 7-1-103
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation officer: means a full-time, permanent employee of the Division of Wildlife Resources who is POST certified as a peace or a special function officer. See Utah Code 23-13-2
  • Consolidating county: means the county to which another county is joined or is proposed to be joined by consolidation under this part. See Utah Code 17-2-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • contribution: means any of the following when done for a political purpose:
    (i) a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to the filing entity;
    (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to the filing entity;
    (iii) any transfer of funds from another reporting entity to the filing entity;
    (iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
    (v) a loan made by a county office candidate or local school board candidate deposited into the county office candidate's or local school board candidate's own campaign account; or
    (vi) an in-kind contribution. See Utah Code 17-16-202
  • Control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
    (a) direct or exercise a controlling influence over:
    (i) the management or policies of a financial institution; or
    (ii) the election of a majority of the directors or trustees of an institution;
    (b) vote 20% or more of any class of voting securities of a financial institution by an individual; or
    (c) vote more than 10% of any class of voting securities of a financial institution by a person other than an individual. See Utah Code 7-1-103
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative wildlife management unit agent: means a person appointed by a landowner, landowner association, or landowner association operator to perform the functions described in Section 23-23-9. See Utah Code 23-23-2
  • Cooperative wildlife management unit authorization: means a card, label, ticket, or other identifying document authorizing the possessor to hunt small game or waterfowl in a cooperative wildlife management unit. See Utah Code 23-23-2
  • 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: 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
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • County office: means an office described in Section 17-53-101 that is required to be filled by an election. See Utah Code 17-16-202
  • County office candidate: means an individual who:
    (a) files a declaration of candidacy for a county office; or
    (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. See Utah Code 17-16-202
  • County officer: means an individual who holds a county office. See Utah Code 17-16-202
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Wildlife Resources. See Utah Code 23-13-2
  • Division: means the Division of Wildlife Resources. See Utah Code 23-23-2
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23-13-2
  • 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
  • expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
    (i) any disbursement from contributions, receipts, or the separate bank account required under Section 17-16-6. See Utah Code 17-16-202
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Filing entity: means :
    (a) a county office candidate;
    (b) a county officer;
    (c) a local school board candidate;
    (d) a local school board member; or
    (e) a reporting entity that is required to meet a campaign finance disclosure requirement adopted by a county in accordance with Section 17-16-6. See Utah Code 17-16-202
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fishing: means to take fish or crayfish by any means. See Utah Code 23-13-2
  • Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23-13-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23-13-2
  • 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.
  • Initiating county: means the county, from which a portion is annexed or proposed to be annexed to an adjoining county. See Utah Code 17-2-202
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intimidate or harass: means to physically interfere with or impede, hinder, or diminish the efforts of an officer in the performance of the officer's duty. See Utah Code 23-13-2
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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
  • Landowner association: means a landowner or an organization of owners of private lands who operates a cooperative wildlife management unit. See Utah Code 23-23-2
  • Landowner association operator: means a person designated by a landowner association to operate the cooperative wildlife management unit. See Utah Code 23-23-2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative: 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local school board candidate: means an individual who:
    (a) files a declaration of candidacy for local school board; or
    (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board. See Utah Code 17-16-202
  • Management plan: means a document prepared in accordance with this chapter that describes how one or more tracts of land owned or managed by the Division of Wildlife Resources are to be used. See Utah Code 23-21-.5
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • motor fuel: means any combustible liquid or vapor used to power a motor vehicle or a motor vehicle engine. See Utah Code 4-33-103
  • 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.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Originating county: means the county that is joined or proposed to be joined to another county by consolidation under this part. See Utah Code 17-2-102
  • Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pecuniary gain: means the acquisition of money or something of monetary value. See Utah Code 23-13-2
  • Permit: means a paper-based or electronic document, including a stamp, that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23-13-2
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means an individual, association, partnership, government agency, corporation, or an agent of the foregoing. See Utah Code 23-13-2
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal use expenditure: includes :
    (i) a mortgage, rent, utility, or vehicle payment;
    (ii) a household food item or supply;
    (iii) clothing, except for clothing:
    (A) bearing the county office candidate's or local school board candidate's name or campaign slogan or logo; and
    (B) used in the county office candidate's or local school board member's campaign;
    (iv) admission to a sporting, artistic, or recreational event or other form of entertainment;
    (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
    (vi) a salary payment made to:
    (A) a county office candidate, county officer, local school board candidate, or local school board member; or
    (B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member;
    (vii) a vacation;
    (viii) a vehicle expense;
    (ix) a meal expense;
    (x) a travel expense;
    (xi) payment of an administrative, civil, or criminal penalty;
    (xii) satisfaction of a personal debt;
    (xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
    (xiv) a membership fee for a professional or service organization; and
    (xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 17-16-202
  • 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.
  • Political purpose: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate or a person seeking an office at any caucus, political convention, or election. See Utah Code 17-16-202
  • Possession: means actual or constructive possession. See Utah Code 23-13-2
  • 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.
  • 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
  • Proclamation: means the publication used to convey a statute, rule, policy, or pertinent information as it relates to wildlife. See Utah Code 23-13-2
  • 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.
  • Protected wildlife: means wildlife as defined in Subsection (54), except as provided in Subsection (38)(b). See Utah Code 23-13-2
  • real property: includes :Utah Code 68-3-12.5
  • Regional advisory council: means a council created pursuant to Section 23-14-2. See Utah Code 23-21-.5
  • 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.
  • Resident: means a person who:
    (i) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
    (ii) does not claim residency for hunting, fishing, or trapping in any other state or country. See Utah Code 23-13-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Road: includes :Utah Code 68-3-12.5
  • Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23-13-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Small game: means species of protected wildlife:
    (a) commonly pursued for sporting purposes;
    (b) not classified as big game, aquatic wildlife, or furbearers; and
    (c) excluding turkey, cougar, and bear. See Utah Code 23-13-2
  • Spotlighting: means throwing or casting the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed. See Utah Code 23-13-2
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23-13-2
  • Take: means to:
    (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected wildlife; or
    (b) attempt any action referred to in Subsection (48)(a). See Utah Code 23-13-2
  • Threatened: means wildlife designated as such pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23-13-2
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trapping: means taking protected wildlife with a trapping device. See Utah Code 23-13-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trophy animal: means an animal described as follows:
    (a) deer - a buck with an outside antler measurement of 24 inches or greater;
    (b) elk - a bull with six points on at least one side;
    (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
    (d) moose - a bull with at least one antler exceeding five inches in length;
    (e) mountain goat - a male or female;
    (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
    (g) bison - a bull. See Utah Code 23-13-2
  • unit: means a generally contiguous area of land open for hunting small game, waterfowl, cougar, turkey, or big game which is registered in accordance with this chapter and rules of the Wildlife Board. See Utah Code 23-23-2
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Venue: The geographical location in which a case is tried.
  • Waste: means to abandon protected wildlife or to allow protected wildlife to spoil or to be used in a manner not normally associated with the protected wildlife's beneficial use. See Utah Code 23-13-2
  • Wildlife: means :
    (a) crustaceans, including brine shrimp and crayfish;
    (b) mollusks; and
    (c) vertebrate animals living in nature, except feral animals. See Utah Code 23-13-2
  • Wildlife management area: means :Utah Code 23-21-.5
  • Writing: includes :Utah Code 68-3-12.5
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