Terms Used In Utah Code > Title 54 > Chapter 8 - Utah Underground Conversion of Utilities Law

• Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
• Activities of daily living: means essential activities including:

  (a)

  dressing;

  (b)

  eating;

  (c)

  grooming;

  (d)

  bathing;

  (e)	toileting;

  (f)	ambulation;

  (g)	transferring; and

  (h)

  self-administration of medication. See Utah Code 26B-2-201 Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101 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. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101 Arrest: Taking physical custody of a person by lawful authority. Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3 Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201 Assisted living facility: means : (i)  a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who: (A)  require protected living arrangements; and (B)  are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and (ii)  a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201 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 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 Commission: means the Public Service Commission. See Utah Code 54-2-1 Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201 Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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 conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3 Conviction: A judgement of guilt against a criminal defendant. 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 County executive: means :Utah Code 68-3-12.5 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 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 Docket: A log containing brief entries of court proceedings. 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 Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3 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 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. Fiduciary: A trustee, executor, or administrator. 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 Fraud: Intentional deception resulting in injury to another. Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201 General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201 Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3 Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201 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 care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201 Health maintenance organization: means an organization, organized under the laws of any state which: (a)  is a qualified health maintenance organization under 42 U. See Utah Code 26B-2-201 Highway: includes :Utah Code 68-3-12.5 Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201 Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201 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 Indian child: means the same as that term is defined in 25 U. See Utah Code 26B-2-101 Indian country: means the same as that term is defined in 18 U. See Utah Code 26B-2-101 Indian tribe: means the same as that term is defined in 25 U. See Utah Code 26B-2-101 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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. Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101 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. Local government: means a city, town, metro township, or county. See Utah Code 26B-2-101 Minor: means child. See Utah Code 26B-2-101 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services: (a)  a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services; (b)  a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or (c)  a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201 Office: means the Office of Licensing within the department. See Utah Code 26B-2-101 Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Utah Code 54-8-3 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 any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201 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. Point of delivery: means : (a)  a meter, for electric facilities; or (b)  a network interface device, for communication facilities. See Utah Code 54-8-3 Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101 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 Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 Resident: means a person 21 years old or older who: (a)  as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and (b)  does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201 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 Resolution: means ordinance when the governing body properly acts by ordinance rather than by resolution. See Utah Code 54-8-3 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 Service entrance equipment: means facilities on the property owner's side of the point of delivery that are necessary to accommodate service from a public utility. See Utah Code 54-8-3 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 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