Terms Used In Utah Code > Title 73 > Chapter 18 - State Boating Act

• Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
• Anchored: means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline. See Utah Code 73-18-2
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Beached: means that a vessel's hull is resting on the bed or shoreline of a waterbody. See Utah Code 73-18-2
• Boat livery: means a person that holds a vessel for renting or leasing. See Utah Code 73-18-2
• Business entity: means :

  (a)	a sole proprietorship;

  (b)	a corporation;

  (c)	a partnership;

  (d)	a limited liability company; or

  (e)

  an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002 Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2 Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Client: means an individual who the department has determined to be eligible for services or benefits under: (a)  Chapter 3, Employment Support Act; and (b)  Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102 Commission: means the Labor Commission. See Utah Code 34A-6-103 Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2 Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consideration: means something of value given or done in exchange for something given or done by another. See Utah Code 73-18-2 Contract: A legal written agreement that becomes binding when signed. Dealer: means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale. See Utah Code 73-18-2 Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Devise: To gift property by will. Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102 Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103 Division: means the Division of Boiler and Elevator Safety within the commission. See Utah Code 34A-7-202 Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2 Donor: The person who makes a gift. Economic service area: means an economic service area established in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102 Elevator: means a hoisting and lowering mechanism: (i)  equipped with a car or platform; and (ii)  that moves in guides in a substantially vertical direction. See Utah Code 34A-7-202 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103 Employer: means : (i)  the state; (ii)  a county, city, town, and school district in the state; and (iii)  a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103 Employment plan: means a written agreement between the department and a client that describes: (a)  the relationship between the department and the client; (b)  the obligations of the department and the client; and (c)  the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102 Escalator: means a stairway, moving walkway, or runway that is: (i)  power-driven; (ii)  continuous; and (iii)  used to transport one or more individuals. See Utah Code 34A-7-202 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. Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-6-103 First responder: means : (i)  a first responder as defined in Section 34A-2-102; (ii)  an individual employed by: (A)  a health care facility as defined in Section 26B-2-201; (B)  an office of a physician, chiropractor, or dentist; (C)  a nursing home; (D)  a retirement facility; (E)  a home health care provider; (F)  a pharmacy; (G)  a facility that performs laboratory or medical testing on human specimens; or (H)  an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G); (iii)  an individual employed by, working with, or working at the direction of a local health department; or (iv)  a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Franchise: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Franchisee: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Franchisor: means the same as that term is defined in 16 C. See Utah Code 34A-6-103 Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103 Imminent danger: means a danger exists which reasonably could be expected to cause an occupational disease, death, or serious physical harm immediately, or before the danger could be eliminated through enforcement procedures under this chapter. See Utah Code 34A-6-103 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. Land: includes :Utah Code 68-3-12.5 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. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Moored: means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency. See Utah Code 73-18-2 Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2 National consensus standard: means any occupational safety and health standard or modification: (i)  adopted by a nationally recognized standards-producing organization under procedures where it can be determined by the administrator and division that persons interested and affected by the standard have reached substantial agreement on its adoption; (ii)  formulated in a manner which affords an opportunity for diverse views to be considered; and (iii)  designated as such a standard by the secretary of the United States Department of Labor. See Utah Code 34A-6-103 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. Operate: means to navigate, control, or otherwise use a vessel. See Utah Code 73-18-2 Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2 Oversight: Committee review of the activities of a Federal agency or program. Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2 Owner or operator: means a person who owns, controls, or has the duty to control the operation of an elevator or escalator. See Utah Code 34A-7-202 Person: means the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions. See Utah Code 34A-6-103 Person: means :Utah Code 68-3-12.5 Personal watercraft: means a motorboat that is: (a)  less than 16 feet in length; (b)  propelled by a water jet pump; and (c)  designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. See Utah Code 73-18-2 Physician: means an individual licensed under: (i)  Title 58, Chapter 67, Utah Medical Practice Act; (ii)  Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (iii)  Title 58, Chapter 70a, Utah Physician Assistant Act; or (iv)  Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse. See Utah Code 34A-3-201 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Publish: means publication in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 34A-6-103 Safety code: means the one or more codes adopted by the division in accordance with Subsection 34A-7-203(6) to be used in inspecting elevators and escalators. See Utah Code 34A-7-202 Sailboat: means any vessel having one or more sails and propelled by wind. See Utah Code 73-18-2 Secretary: means the secretary of the United States Department of Labor. See Utah Code 34A-6-103 SNAP: means the federal "Supplemental Nutrition Assistance Program" under Title 7, U. See Utah Code 35A-1-102 Standard: means an occupational health and safety standard or group of standards which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary to provide safety and healthful employment and places of employment. See Utah Code 34A-6-103 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unincorporated entity: means an entity organized or doing business in the state that is not: (i)  an individual; (ii)  a corporation; or (iii)  publicly traded. See Utah Code 34A-6-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah minimum wage: means the highest wage designated as Utah's minimum wage under Title 34, Chapter 40, Utah Minimum Wage Act. See Utah Code 34A-3-201 Variance: means a special, limited modification or change in the code or standard applicable to the particular establishment of the employer or person petitioning for the modification or change. See Utah Code 34A-6-103 Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2 Vulnerable populations: means children or adults with a life situation that substantially affects that individual'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 financial resources; or (f)  comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 35A-1-102 Waiver: means a workers' compensation coverage waiver issued under this part. See Utah Code 34A-2-1002 Wakeless speed: means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel. See Utah Code 73-18-2 Waters of this state: means any waters within the territorial limits of this state. See Utah Code 73-18-2 Workplace: means any place of employment. See Utah Code 34A-6-103 Writing: includes :Utah Code 68-3-12.5