Terms Used In Utah Code > Title 53E > Chapter 6 > Part 6 - License Denial and Discipline

• Allegation: something that someone says happened.
• 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.
• Educator: means :

  (a)	a person who holds a license;

  (b)	a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or

  (c)

  a person who is the subject of an allegation which has been received by the state board or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102 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. hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to: (1)  appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and (2)  obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601 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. LEA: means : (a)  a school district; (b)  a charter school; or (c)  the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102 License: means an authorization issued by the state board that permits the holder to serve in a professional capacity in the public schools. See Utah Code 53E-6-102 Local school board: means a board elected under 2. See Utah Code 53E-1-102 Person: means :Utah Code 68-3-12.5 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. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Public education code: means : (a)  this title; (b)  Title 53F, Public Education System -- Funding; and (c)  Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102 School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 State board: means the State Board of Education. See Utah Code 53E-1-102 Subpoena: A command to a witness to appear and give testimony. UPPAC: means the Utah Professional Practices Advisory Commission. See Utah Code 53E-6-102