Part 1 General Provisions 4-41a-101 – 4-41a-107
Part 2 Cannabis Production Establishment 4-41a-201 – 4-41a-205
Part 3 Cannabis Production Establishments Agents 4-41a-301 – 4-41a-302
Part 4 General Cannabis Production Establishment Operating Requirements 4-41a-401 – 4-41a-406
Part 5 Cannabis Cultivation Facility Operating Requirements 4-41a-501 – 4-41a-502
Part 6 Cannabis Processing Facility Operating Requirements 4-41a-601 – 4-41a-603
Part 7 Independent Cannabis Testing Laboratories 4-41a-701 – 4-41a-702
Part 8 Enforcement and Report 4-41a-801 – 4-41a-802
Part 9 Academic Medical Cannabis Research 4-41a-901 – 4-41a-903

Terms Used In Utah Code > Title 4 > Chapter 41a

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Adult: means an individual who is at least 18 years of age. See Utah Code 26-28-102
  • 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.
  • Agent: means an individual:
    (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
    (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26-28-102
  • 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
  • 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.
  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26-28-102
  • 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.
  • Applicable area: means :
    (a) for a county, the unincorporated area of the county that is included within the proposed local district; or
    (b) for a municipality, the area of the municipality that is included within the proposed local district. See Utah Code 17B-1-201
  • Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
  • Appraisal: A determination of property value.
  • 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.
  • 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.
  • Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
  • Bioterrorism: means :
    (a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
    (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26-23b-102
  • Bond: means :
    (a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
    (b) a lease agreement, installment purchase agreement, or other agreement that:
    (i) includes an obligation by the district to pay money; and
    (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
  • 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
  • Cannabis: means the same as that term is defined in Section 26-61a-102. 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:
    (a) is an employee of a cannabis cultivation facility; and
    (b) holds a valid cannabis production establishment agent registration card. 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:
    (a) is an employee of a cannabis processing facility; and
    (b) holds a valid cannabis production establishment agent registration card. See Utah Code 4-41a-102
  • Cannabis product: means the same as that term is defined in Section 26-61a-102. 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
  • Cemetery maintenance district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District Act, including an entity that was created and operated as a cemetery maintenance district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Committee: means the Health Data Committee created by Section 26-1-7. See Utah Code 26-33a-102
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Control number: means a number assigned by the committee to an individual's health data as an identifier so that the health data can be disclosed or used in research and statistical analysis without readily identifying the individual. See Utah Code 26-33a-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Credit union: means a cooperative, nonprofit association incorporated under:
    (a) Chapter 9, Utah Credit Union Act; or
    (b) 12 U. See Utah Code 7-1-103
  • 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.
  • Data supplier: means a health care facility, health care provider, self-funded employer, third-party payor, health maintenance organization, or government department which could reasonably be expected to provide health data under this chapter. See Utah Code 26-33a-102
  • Decedent: means :
    (a) a deceased individual whose body or part is or may be the source of an anatomical gift; and
    (b) includes:
    (i) a stillborn infant; and
    (ii) subject to restrictions imposed by law other than this chapter, a fetus. See Utah Code 26-28-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Health created in Section 26-1-4 and a local health department as defined in Section 26A-1-102. See Utah Code 26-23b-102
  • 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
  • Department: means the Department of Health created in Section 26-1-4. See Utah Code 26-1-2
  • Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
  • 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
  • Depository institution holding company: means :
    (i) a person other than an individual that:
    (A) has control over a depository institution; or
    (B) becomes a holding company of a depository institution under Section 7-1-703; or
    (ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
  • disclose: means the communication of health care data to any individual or organization outside the committee, its staff, and contracting agencies. See Utah Code 26-33a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disinterested witness: means :
    (i) a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or
    (ii) another adult who exhibited special care and concern for the individual. See Utah Code 26-28-102
  • Document of gift: means a donor card or other record used to make an anatomical gift. See Utah Code 26-28-102
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 26-28-102
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Utah Code 26-28-102
  • Drainage district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 26-28-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Executive director: means the director of the department. See Utah Code 26-33a-102
  • Executive director: means the executive director of the department appointed pursuant to Section 26-1-8. See Utah Code 26-1-2
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Utah Code 26-28-102
  • facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a local district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • Fire protection district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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.
  • Governing body: means :
    (a) for a county or municipality, the legislative body of the county or municipality; and
    (b) for a local district, the board of trustees of the local district. See Utah Code 17B-1-201
  • Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201
  • Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Health care facility: means a facility that is licensed by the department under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 26-33a-102
  • health care provider: has the meaning set forth in Section 78B-3-403; and
  • (b) "health care facility" has the meaning set forth in Section 26-21-2. See Utah Code 26-25-1
  • Health care provider: means any person, partnership, association, corporation, or other facility or institution that renders or causes to be rendered health care or professional services as a physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech pathologist, certified social worker, social service worker, social service aide, marriage and family counselor, or practitioner of obstetrics, and others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons, and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 26-33a-102
  • Health care provider: means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injury, and includes hospitals, clinics, podiatrists, dentists and dental hygienists, nurses, nurse practitioners, physicians and physicians' assistants, osteopathic physicians, naturopathic practitioners, chiropractors, acupuncturists, paramedics, and emergency medical technicians. See Utah Code 26-23a-1
  • Health data: means information relating to the health status of individuals, health services delivered, the availability of health manpower and facilities, and the use and costs of resources and services to the consumer, except vital records as defined in Section 26-2-2 shall be excluded. See Utah Code 26-33a-102
  • Health maintenance organization: has the meaning set forth in Section 31A-8-101. See Utah Code 26-33a-102
  • Highway: includes :Utah Code 68-3-12.5
  • Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Utah Code 26-28-102
  • Identifiable health data: means any item, collection, or grouping of health data that makes the individual supplying or described in the health data identifiable. See Utah Code 26-33a-102
  • Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 26-28-102
  • Improvement district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Independent cannabis testing laboratory: includes a laboratory that the department operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102
  • Independent cannabis testing laboratory agent: means an individual who:
    (a) is an employee of an independent cannabis testing laboratory; and
    (b) holds a valid cannabis production establishment agent registration card. See Utah Code 4-41a-102
  • Individual: means a natural person. See Utah Code 26-33a-102
  • Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
  • Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103
  • Initiating local district: means a local district that adopts a resolution proposing the creation of a local district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • institution: means any school or college of agriculture, veterinary medicine, medicine, pharmacy, dentistry or other educational, hospital or scientific establishment properly concerned with the investigation of or instruction concerning the structure or functions of living organisms, the cause, prevention, control or cure of diseases or abnormal condition of human beings or animals. See Utah Code 26-26-1
  • 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
  • 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
  • Inventory control system: means a system described in Section 4-41a-103. See Utah Code 4-41a-102
  • Irrigation district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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.
  • Know: means to have actual knowledge. See Utah Code 26-28-102
  • Land: includes :Utah Code 68-3-12.5
  • Law enforcement agency: means the municipal or county law enforcement agency:
    (a) having jurisdiction over the location where the injury occurred; or
    (b) if the reporting health care provider is unable to identify or contact the law enforcement agency with jurisdiction over the injury, "law enforcement agency" means the agency nearest to the location of the reporting health care provider. See Utah Code 26-23a-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative: 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.
  • 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 district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers set forth in:
    (a) this chapter; or
    (b) 
    (i) this chapter; and
    (ii) 
    (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
    (B) Chapter 2a, Part 2, Drainage District Act;
    (C) Chapter 2a, Part 3, Fire Protection District Act;
    (D) Chapter 2a, Part 4, Improvement District Act;
    (E) Chapter 2a, Part 5, Irrigation District Act;
    (F) Chapter 2a, Part 6, Metropolitan Water District Act;
    (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
    (H) Chapter 2a, Part 8, Public Transit District Act;
    (I) Chapter 2a, Part 9, Service Area Act;
    (J) Chapter 2a, Part 10, Water Conservancy District Act;
    (K) Chapter 2a, Part 11, Municipal Services District Act; or
    (L) Chapter 2a, Part 12, Public Infrastructure District Act. See Utah Code 17B-1-102
  • Meat: means the edible muscle, and other edible parts, of an animal, including edible:
    (a) skeletal muscle;
    (b) organs;
    (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
    (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing. See Utah Code 4-32-105
  • Medical cannabis: means the same as that term is defined in Section 26-61a-102. See Utah Code 4-41a-102
  • Medical cannabis card: means the same as that term is defined in Section 26-61a-102. See Utah Code 4-41a-102
  • Medical cannabis pharmacy: means the same as that term is defined in Section 26-61a-102. See Utah Code 4-41a-102
  • Medical cannabis research license: means a license that the department issues to a research university for the purpose of obtaining and possessing medical cannabis for academic research. See Utah Code 4-41a-102
  • Medical cannabis research licensee: means a research university that the department licenses to obtain and possess medical cannabis for academic research, in accordance with Section 4-41a-901. See Utah Code 4-41a-102
  • Medical cannabis treatment: means the same as that term is defined in Section 26-61a-102. See Utah Code 4-41a-102
  • Medicinal dosage form: means the same as that term is defined in Section 26-61a-102. See Utah Code 4-41a-102
  • Metropolitan water district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Minor: means an individual who is under 18 years of age. See Utah Code 26-28-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mosquito abatement district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
  • Municipal services district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • 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.
  • Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See Utah Code 26-28-102
  • 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
  • Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof. See Utah Code 26-33a-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
  • Parent: means a parent whose parental rights have not been terminated. See Utah Code 26-28-102
  • Part: means an organ, an eye, or tissue of a human being. See Utah Code 26-28-102
  • 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.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 26-28-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • 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 an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Petition: means a petition under Subsection 17B-1-203(1)(a), (b), or (c). See Utah Code 17B-1-201
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 26-28-102
  • Plan: means the plan developed and adopted by the Health Data Committee under Section 26-33a-104. See Utah Code 26-33a-102
  • Political subdivision: means a county, city, town, metro township, local district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
  • Poultry: means any domesticated bird, whether living or dead. See Utah Code 4-32-105
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Utah Code 26-28-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public entity: means :
    (a) the United States or an agency of the United States;
    (b) the state or an agency of the state;
    (c) a political subdivision of the state or an agency of a political subdivision of the state;
    (d) another state or an agency of that state; or
    (e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102
  • Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or contract with such an agency, that is responsible for public health matters as part of its official mandate. See Utah Code 26-1-2
  • Public health emergency: means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. See Utah Code 26-23b-102
  • Public infrastructure district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 12, Public Infrastructure District Act. See Utah Code 17B-1-102
  • Public transit district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Qualified medical provider: means the same as that term is defined in Section 26-61a-102. 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
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Utah Code 26-28-102
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Utah Code 26-28-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 26-28-102
  • Refusal: means a record created under Section 26-28-107 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Utah Code 26-28-102
  • Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201
  • 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.
  • Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201
  • Research and statistical analysis: means activities using health data analysis including:
    (a) describing the group characteristics of individuals or organizations;
    (b) analyzing the noncompliance among the various characteristics of individuals or organizations;
    (c) conducting statistical procedures or studies to improve the quality of health data;
    (d) designing sample surveys and selecting samples of individuals or organizations; and
    (e) preparing and publishing reports describing these matters. See Utah Code 26-33a-102
  • 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
  • Responsible body: means the governing body of:
    (a) the municipality in which the proposed local district is located, if the petition or resolution proposes the creation of a local district located entirely within a single municipality;
    (b) the county in which the proposed local district is located, if the petition or resolution proposes the creation of a local district located entirely within a single county and all or part of the proposed local district is located within:
    (i) the unincorporated part of the county; or
    (ii) more than one municipality within the county;
    (c) if the petition or resolution proposes the creation of a local district located within more than one county, the county whose boundaries include more of the area of the proposed local district than is included within the boundaries of any other county; or
    (d) the initiating local district, if a resolution proposing the creation of a local district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • Responsible clerk: means the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body. See Utah Code 17B-1-201
  • Road: includes :Utah Code 68-3-12.5
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
    (a) parliamentary order and procedure;
    (b) ethical behavior; and
    (c) civil discourse. See Utah Code 17B-1-102
  • Savings account: means a deposit or other account at a depository institution that is not a transaction account. See Utah Code 7-1-103
  • Savings and loan association: means :
    (a) a federal savings and loan association; and
    (b) an out-of-state savings and loan association. See Utah Code 7-1-103
  • Self-funded employer: means an employer who provides for the payment of health care services for employees directly from the employer's funds, thereby assuming the financial risks rather than passing them on to an outside insurer through premium payments. See Utah Code 26-33a-102
  • Service applicant: means a person who requests that a local district provide a service that the local district is authorized to provide. See Utah Code 17B-1-102
  • Service area: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
  • 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.
  • Short-term bond: means a bond that is required to be repaid during the fiscal year in which the bond is issued. See Utah Code 17B-1-102
  • Sign: means , with the present intent to authenticate or adopt a record:
    (a) to execute or adopt a tangible symbol; or
    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 26-28-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Slaughter: means :
    (a) the killing of an animal, amenable species, or nonamenable species in a humane manner including skinning or dressing; or
    (b) the process of performing any of the specified acts in preparing an animal, amenable species, or nonamenable species for human consumption. See Utah Code 4-32-105
  • Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
  • Special assessment bond: means a bond payable from special assessments. See Utah Code 17B-1-102
  • Specialized local district: means a local district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or a public infrastructure district. See Utah Code 17B-1-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26-28-102
  • 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
  • State electronic verification system: means the system described in Section 26-61a-103. See Utah Code 4-41a-102
  • 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
  • Tax and revenue anticipation bond: means a bond:
    (a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and
    (b) that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17B-1-102
  • Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Tetrahydrocannabinol: means a substance derived from cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA). See Utah Code 4-41a-102
  • Third party payor: means :
    (a) an insurer offering a health benefit plan, as defined by Section 31A-1-301, to at least 2,500 enrollees in the state;
    (b) a nonprofit health service insurance corporation licensed under Title 31A, Chapter 7, Nonprofit Health Service Insurance Corporations;
    (c) a program funded or administered by Utah for the provision of health care services, including the Medicaid and medical assistance programs described in Chapter 18, Medical Assistance Act; and
    (d) a corporation, organization, association, entity, or person:
    (i) which administers or offers a health benefit plan to at least 2,500 enrollees in the state; and
    (ii) which is required by administrative rule adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to supply health data to the committee. See Utah Code 26-33a-102
  • Tissue: means a portion of the human body other than an organ or an eye. See Utah Code 26-28-102
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Utah Code 26-28-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Water conservancy district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a local district. See Utah Code 17B-1-102
  • Writing: includes :Utah Code 68-3-12.5
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