Part 1 General Provisions 58-46a-101 – 58-46a-102
Part 2 Board 58-46a-201
Part 3 Licensing 58-46a-301 – 58-46a-307
Part 4 License Denial and Discipline 58-46a-401
Part 5 Unprofessional Conduct 58-46a-501 – 58-46a-503

Terms Used In Utah Code > Title 58 > Chapter 46a

  • 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.
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. See Utah Code 32B-1-102
  • Board: means the Hearing Instrument Specialist Licensing Board created in Section 58-46a-201. See Utah Code 58-46a-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Container: means a receptacle that contains an alcoholic product, including:
    (a) a bottle;
    (b) a vessel; or
    (c) a similar item. See Utah Code 32B-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Direct supervision: means that the supervising hearing instrument specialist is present in the same facility as is the person being supervised and is available for immediate in person consultation. See Utah Code 58-46a-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.
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • hearing aid: means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories. See Utah Code 58-46a-102
  • Hearing instrument intern: means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist. See Utah Code 58-46a-102
  • Heavy beer: means a product that:
    (i) contains more than 4% alcohol by volume; and
    (ii) is obtained by fermentation, infusion, or decoction of malted grain. See Utah Code 32B-1-102
  • Indirect supervision: means that the supervising hearing instrument specialist is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised. See Utah Code 58-46a-102
  • Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
  • Industry representative sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling by a local industry representative on the premises of the department to educate the local industry representative of the quality and characteristics of the product. See Utah Code 32B-1-102
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
    (i) 
    (A) under the control of the United States Department of Defense; or
    (B) of the National Guard;
    (ii) that is located within the state; and
    (iii) including a leased facility. See Utah Code 32B-1-102
  • Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
  • 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 :Utah Code 48-2e-1156
  • Practice of a hearing instrument specialist: means :
    (a) establishing a place of business to practice as a hearing instrument specialist;
    (b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;
    (c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;
    (d) prescribing an appropriate hearing instrument;
    (e) making impressions or earmolds for the fitting of a hearing instrument;
    (f) sale and professional placement of the hearing instrument on a patient;
    (g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;
    (h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or
    (i) instructing the patient on the use and care of the hearing instrument. See Utah Code 58-46a-102
  • 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.
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Supervising hearing instrument specialist: means a hearing instrument specialist who:
    (a) is licensed by and in good standing with the division;
    (b) has practiced full-time as a hearing instrument specialist for not less than two years; and
    (c) is approved as a supervisor by the division in collaboration with the board. See Utah Code 58-46a-102
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-46a-501. See Utah Code 58-46a-102
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
  • Writing: includes :Utah Code 48-2e-1156
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