Terms Used In Utah Code > Title 54 > Chapter 7 - Hearings, Practice, and Procedure

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
• Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amortization: Paying off a loan by regular installments.
• Associated with the licensee: means that an individual is:

  (i)	affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or

  (ii)

  applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101 Boarding school: means a private school that: (i)  uses a regionally accredited education program; (ii)  provides a residence to the school's students: (A)  for the purpose of enabling the school's students to attend classes at the school; and (B)  as an ancillary service to educating the students at the school; (iii)  has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and (iv)  (A)  does not provide the treatment or services described in Subsection (38)(a); or (B)  provides the treatment or services described in Subsection (38)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101 Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 Child: means an individual under 18 years old. See Utah Code 26B-2-101 Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of: (a)  finding a person to adopt the child; (b)  placing the child in a home for adoption; or (c)  foster home placement. See Utah Code 26B-2-101 Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101 Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1 Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101 Commission: means the Public Service Commission. See Utah Code 54-2-1 Commissioner: means a member of the commission. See Utah Code 54-2-1 Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501 Congregate care program: means any of the following that provide services to a child: (i)  an outdoor youth program; (ii)  a residential support program; (iii)  a residential treatment program; or (iv)  a therapeutic school. See Utah Code 26B-2-101 Continuance: Putting off of a hearing ot trial until a later time. Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1 Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1 Department contractor: means an individual who: (a)  provides services under a contract with the department; and (b)  due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101 Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 Direct access: means that an individual has, or likely will have: (a)  contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or (b)  an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101 Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background screening approval issued by the office. See Utah Code 26B-2-101 Director: means the director of the office. See Utah Code 26B-2-101 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101 education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101 Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101 Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1 Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1 Eligible customer: means a person who: (a)  on December 31, 2013: (i)  was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and (ii)  owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and (b)  produces electricity: (i)  from a qualifying power production facility for sale to a public utility in this state; (ii)  primarily for the eligible customer's own use; or (iii)  for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1 Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-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. Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6). See Utah Code 26B-1-501 Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101 Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that: (a)  gas is made or produced on, and distributed by the maker or producer through, private property: (i)  solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and (ii)  not for sale to others; (b)  gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or (c)  gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Health benefit plan: means the same as that term is defined in Section 31A-22-634. See Utah Code 26B-2-101 Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-2-101 Health insurer: means the same as that term is defined in Section 31A-22-615. See Utah Code 26B-2-101 Human services program: means : (i)  a foster home; (ii)  a therapeutic school; (iii)  a youth program; (iv)  an outdoor youth program; (v)  a residential treatment program; (vi)  a residential support program; (vii)  a resource family home; (viii)  a recovery residence; or (ix)  a facility or program that provides: (A)  adult day care; (B)  day treatment; (C)  outpatient treatment; (D)  domestic violence treatment; (E)  child-placing services; (F)  social detoxification; or (G)  any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101 Incarcerated mother: means the same as that term is defined in Section 64-13-46. See Utah Code 26B-1-434 Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1 Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1 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 Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101 Local government: means a city, town, metro township, or county. See Utah Code 26B-2-101 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102 Minor: means child. See Utah Code 26B-2-101 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Near fatality: means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition. See Utah Code 26B-1-501 Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. Office: means the Office of Licensing within the department. See Utah Code 26B-2-101 Outdoor youth program: means a program that provides: (a)  services to a child that has: (i)  a chemical dependency; or (ii)  a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral; (b)  a 24-hour outdoor group living environment; and (c)  (i)  regular therapy, including group, individual, or supportive family therapy; or (ii)  informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101 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. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1 Qualified individual: means an individual who: (a)  at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department; (b)  (i)  is in the custody of the department or a division of the department; and (ii)  is placed in a residential placement by the department or a division of the department; (c)  at the time that the individual dies, has an open case for the receipt of child welfare services, including: (i)  an investigation for abuse, neglect, or dependency; (ii)  foster care; (iii)  in-home services; or (iv)  substitute care; (d)  had an open case for the receipt of child welfare services within one year before the day on which the individual dies; (e)  was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if: (i)  the department or a division of the department is aware of the death; and (ii)  the death is reported as a homicide, suicide, or an undetermined cause; (f)  received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual: (i)  lived in the individual's home at the time of death; and (ii)  the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department; (g)  dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death; (h)  is a child who: (i)  suffers a near fatality; and (ii)  is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including: (A)  an investigation for abuse, neglect, or dependency; (B)  foster care; (C)  in-home services; or (D)  substitute care; or (i)  is designated as a qualified individual by the executive director. See Utah Code 26B-1-501 Recovery residence: means a home, residence, or facility that meets at least two of the following requirements: (i)  provides a supervised living environment for individuals recovering from a substance use disorder; (ii)  provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder; (iii)  provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site; (iv)  is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or (v)  (A)  receives public funding; or (B)  is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101 Regular business hours: means : (a)  the hours during which services of any kind are provided to a client; or (b)  the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are: (i)  emotional; (ii)  psychological; (iii)  developmental; or (iv)  behavioral. See Utah Code 26B-2-101 Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101 Residential treatment program: means a program or facility that provides: (a)  residential treatment; or (b)  intermediate secure treatment. See Utah Code 26B-2-101 Seclusion: means the involuntary confinement of an individual in a room or an area: (a)  away from the individual's peers; and (b)  in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101 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. Subpoena: A command to a witness to appear and give testimony. substance use disorder treatment program: means a program: (a)  designed to provide: (i)  specialized drug or alcohol treatment; (ii)  rehabilitation; or (iii)  habilitation services; and (b)  that provides the treatment or services described in Subsection (44)(a) to persons with: (i)  a diagnosed substance use disorder; or (ii)  chemical dependency disorder. See Utah Code 26B-2-101 Substitute care: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 Telephone cooperative: means a telephone corporation that: (a)  is a cooperative; and (b)  is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. See Utah Code 54-2-1 Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1 Therapeutic school: means a residential group living facility: (a)  for four or more individuals that are not related to: (i)  the owner of the facility; or (ii)  the primary service provider of the facility; (b)  that serves students who have a history of failing to function: (i)  at home; (ii)  in a public school; or (iii)  in a nonresidential private school; and (c)  that offers: (i)  room and board; and (ii)  an academic education integrated with: (A)  specialized structure and supervision; or (B)  services or treatment related to: (I)  a disability; (II)  emotional development; (III)  behavioral development; (IV)  familial development; or (V)  social development. See Utah Code 26B-2-101 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to: (a)  provide personal protection; (b)  provide necessities such as food, shelter, clothing, or mental or other health care; (c)  obtain services necessary for health, safety, or welfare; (d)  carry out the activities of daily living; (e)  manage the adult's own resources; or (f)  comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101 Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that: (i)  serves adjudicated or nonadjudicated youth; (ii)  charges a fee for the program's services; (iii)  may provide host homes or other arrangements for overnight accommodation of the youth; (iv)  may provide all or part of the program's services in the outdoors; (v)  may limit or censor access to parents or guardians; and (vi)  prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101 Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101