Terms Used In Utah Code > Title 63G > Chapter 12 - Utah Immigration Accountability and Enforcement Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means :

  (a)	a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and

  (b)

  an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301 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. Application: means a document: (a)  (i)  completed by an applicant to provide information about the risk to be insured; and (ii)  that contains information that is used by the insurer to evaluate risk and decide whether to: (A)  insure the risk under: (I)  the coverage as originally offered; or (II)  a modification of the coverage as originally offered; or (B)  decline to insure the risk; or (b)  used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 Basic health insurance plan: means a health plan that is actuarially equivalent to a federally qualified high deductible health plan. See Utah Code 63G-12-102 business of insurance: includes : (a)  providing health care insurance by an organization that is or is required to be licensed under this title; (b)  providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either: (i)  by a single employer or by multiple employer groups; or (ii)  through one or more trusts, associations, or other entities; (c)  providing an annuity: (i)  including an annuity issued in return for a gift; and (ii)  except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3); (d)  providing the characteristic services of a motor club; (e)  providing another person with insurance; (f)  making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance; (g)  transacting or proposing to transact any phase of title insurance, including: (i)  solicitation; (ii)  negotiation preliminary to execution; (iii)  execution of a contract of title insurance; (iv)  insuring; and (v)  transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance; (h)  transacting or proposing a life settlement; and (i)  doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. consultant: means a person who: (a)  advises another person about insurance needs and coverages; (b)  is compensated by the person advised on a basis not directly related to the insurance placed; and (c)  except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301 Contract: A legal written agreement that becomes binding when signed. Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 63G-12-102 Department: means the Insurance Department. See Utah Code 31A-1-301 Designated home state: means the state or territory of the United States or the District of Columbia: (a)  in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee does not maintain the licensee's principal: (i)  place of residence; or (ii)  place of business; (b)  if the resident state, territory, or District of Columbia of the licensee does not license for the line of authority sought, the licensee has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable: (i)  examination requirement; (ii)  fingerprint background check requirement; and (iii)  continuing education requirement; and (c)  if the licensee has designated the state, territory, or District of Columbia as the designated home state. See Utah Code 31A-23a-102 Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301 E-verify program: means the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U. See Utah Code 63G-12-102 Employee: means an individual employed by an employer under a contract for hire. See Utah Code 63G-12-102 Employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 63G-12-102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Family member: means for an undocumented individual: (a)  a member of the undocumented individual's immediate family; (b)  the undocumented individual's grandparent; (c)  the undocumented individual's sibling; (d)  the undocumented individual's grandchild; (e)  the undocumented individual's nephew; (f)  the undocumented individual's niece; (g)  a spouse of an individual described in this Subsection (6); or (h)  an individual who is similar to one listed in this Subsection (6). See Utah Code 63G-12-102 Form: means one of the following prepared for general use: (i)  a policy; (ii)  a certificate; (iii)  an application; (iv)  an outline of coverage; or (v)  an endorsement. See Utah Code 31A-1-301 Fraud: Intentional deception resulting in injury to another. Guest worker: means an undocumented individual who holds a guest worker permit. See Utah Code 63G-12-102 Guest worker permit: means a permit issued in accordance with Section 63G-12-207 to an undocumented individual who meets the eligibility criteria of Section 63G-12-205. See Utah Code 63G-12-102 Home state: means : (a)  a state or territory of the United States or the District of Columbia in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee: (i)  maintains the licensee's principal: (A)  place of residence; or (B)  place of business; and (ii)  is licensed to act as a resident licensee; or (b)  if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license for the line of authority sought, a state, territory, or the District of Columbia: (i)  in which the licensee is licensed; (ii)  in which the licensee is in good standing; and (iii)  that the licensee has designated as the licensee's designated home state. See Utah Code 31A-23a-102 Immediate family: means for an undocumented individual: (a)  the undocumented individual's spouse; or (b)  a child of the undocumented individual if the child is: (i)  under 21 years old; and (ii)  unmarried. See Utah Code 63G-12-102 Immediate family permit: means a permit issued in accordance with Section 63G-12-207 to an undocumented individual who meets the eligibility criteria of Section 63G-12-206. See Utah Code 63G-12-102 Individual: means a natural person. See Utah Code 31A-1-301 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. insolvent: means that: (a)  an insurer is unable to pay the insurer's obligations as the obligations are due; (b)  an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or (c)  an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301 Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 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. 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. License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Managing general agent: means a person that: (i)  manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office; (ii)  acts as an agent for the insurer whether it is known as a managing general agent, manager, or other similar term; (iii)  produces and underwrites an amount of gross direct written premium equal to, or more than, 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year: (A)  with or without the authority; (B)  separately or together with an affiliate; and (C)  directly or indirectly; and (iv)  (A)  adjusts or pays claims in excess of an amount determined by the commissioner; or (B)  negotiates reinsurance on behalf of the insurer. See Utah Code 31A-23a-102 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. Order: means an order of the commissioner. See Utah Code 31A-1-301 Permit: means a permit issued under 2, and includes: (a)  a guest worker permit; and (b)  an immediate family permit. See Utah Code 63G-12-102 Permit holder: means an undocumented individual who holds a permit. See Utah Code 63G-12-102 Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 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. Private employer: means an employer who is not the federal government or a public employer. See Utah Code 63G-12-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301 Program: means the Guest Worker Program described in Section 63G-12-201. See Utah Code 63G-12-102 Program start date: means the day on which the department is required to implement the program under Subsection 63G-12-202(3). See Utah Code 63G-12-102 Public employer: means an employer that is: (a)  the state of Utah or any administrative subunit of the state; (b)  a state institution of higher education, as defined in Section 53B-3-102; (c)  a political subdivision of the state including a county, city, town, school district, special district, or special service district; or (d)  an administrative subunit of a political subdivision. See Utah Code 63G-12-102 Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301 Reinsurance intermediary: means : (a)  a reinsurance intermediary-broker; or (b)  a reinsurance intermediary-manager. See Utah Code 31A-23a-102 Relevant contact information: means the following for an undocumented individual: (a)  the undocumented individual's name; (b)  the undocumented individual's residential address; (c)  the undocumented individual's residential telephone number; (d)  the undocumented individual's personal email address; (e)  the name of the person with whom the undocumented individual has a contract for hire; (f)  the name of the contact person for the person listed in Subsection (18)(e); (g)  the address of the person listed in Subsection (18)(e); (h)  the telephone number for the person listed in Subsection (18)(e); (i)  the names of the undocumented individual's immediate family members; (j)  the names of the family members who reside with the undocumented individual; and (k)  any other information required by the department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63G-12-102 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. Restricted account: means the Immigration Act Restricted Account created in Section 63G-12-103. See Utah Code 63G-12-102 Serious felony: means a felony under: (a)  Title 76, Chapter 5, Offenses Against the Individual; (b)  Title 76, Chapter 5b, Sexual Exploitation Act; (c)  Title 76, Chapter 6, Offenses Against Property; (d)  Title 76, Chapter 7, Offenses Against the Family; (e)  Title 76, Chapter 8, Offenses Against the Administration of Government; (f)  Title 76, Chapter 9, Offenses Against Public Order and Decency; and (g)  Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals. See Utah Code 63G-12-102 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. 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 Status verification system: includes : (i)  the e-verify program; (ii)  an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986; (iii)  the Social Security Number Verification Service or similar online verification process implemented by the United States Social Security Administration; or (iv)  an independent third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in Subsection (21)(b)(i), (ii), or (iii). See Utah Code 63G-12-102 Statute: A law passed by a legislature. Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 U-verify program: means the verification procedure developed by the department in accordance with Section 63G-12-210. See Utah Code 63G-12-102 Unauthorized alien: is a s defined in 8 U. See Utah Code 63G-12-102 Undocumented individual: means an individual who: (a)  lives or works in the state; and (b)  is not in compliance with the Immigration and Nationality Act, 8 U. See Utah Code 63G-12-102 Uniform application: means the version of the National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing at the time the application is filed. See Utah Code 31A-23a-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried.