Part 1 General Provisions 7-16a-101 – 7-16a-103
Part 2 Authority, Powers, Contractual Waiver, and Notification Requirements 7-16a-201 – 7-16a-204

Terms Used In Utah Code > Title 7 > Chapter 16a - Automated Teller Machine Act

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adulterated: means any meat or poultry product that:
    (a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the meat or poultry product is not considered adulterated under this subsection if the quantity of the substance in or on the meat or poultry product does not ordinarily render it injurious to health;
    (b) bears or contains, by reason of the administration of any substance to the animal or otherwise, any added poisonous or added deleterious substance that in the judgment of the commissioner makes the meat or poultry product unfit for human food;
    (c) contains, in whole or in part, a raw agricultural commodity and that commodity bears or contains a pesticide chemical that is unsafe within the meaning of 21 U. See Utah Code 4-32-105
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: means a domesticated or captive mammalian or avian species. See Utah Code 4-32-105
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antemortem inspection: means an inspection of a live animal immediately before slaughter. See Utah Code 4-32-105
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Automated teller machine: means an electronic information processing device that:
    (a) is readily accessible to the general public; and
    (b) on behalf of an issuer:
    (i) dispenses currency or coin; or
    (ii) accepts deposits or payments. See Utah Code 7-16a-102
  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
  • Banking business: means the offering of deposit accounts to the public and the conduct of such other business activities as may be authorized by this title. See Utah Code 7-1-103
  • Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101
  • Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
  • Capable of use as human food: means any animal carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by rules of the department to deter the carcass or product's use as human food. See Utah Code 4-32-105
  • Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Committee: means the Decision and Action Committee created by this chapter. See Utah Code 4-35-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
    (a) direct or exercise a controlling influence over:
    (i) the management or policies of a financial institution; or
    (ii) the election of a majority of the directors or trustees of an institution;
    (b) vote 20% or more of any class of voting securities of a financial institution by an individual; or
    (c) vote more than 10% of any class of voting securities of a financial institution by a person other than an individual. See Utah Code 7-1-103
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Credit union: means a cooperative, nonprofit association incorporated under:
    (a) Chapter 9, Utah Credit Union Act; or
    (b) 12 U. See Utah Code 7-1-103
  • Customer: means a user of a device for access. See Utah Code 7-16a-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Department: means the Department of Agriculture and Food. See Utah Code 4-35-102
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Depository institution holding company: means :
    (i) a person other than an individual that:
    (A) has control over a depository institution; or
    (B) becomes a holding company of a depository institution under Section 7-1-703; or
    (ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
  • Device for access: means a card, code, or other means of access to a customer's account, or any combination of these, that may be used to deposit or withdraw cash through an automated teller machine. See Utah Code 7-16a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a local district election. See Utah Code 20A-1-102
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic information processing device: means equipment activated by a device for access that transmits electronic impulses to a depository institution on a real-time or delayed-time basis. See Utah Code 7-16a-102
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Farm custom slaughter: means custom exempt slaughtering of an animal, amenable species, or nonamenable species for an owner without official inspection. See Utah Code 4-32-105
  • Federal acts: means :
    (a) the Federal Meat Inspection Act, 21 U. See Utah Code 4-32-105
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • Financial institution holding company: means a person, other than an individual that has control over a financial institution or a person that becomes a financial institution holding company under this chapter, including an out-of-state or foreign depository institution holding company. See Utah Code 7-1-103
  • 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.
  • Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Plant Pest Fund created by Section 4-35-106. See Utah Code 4-35-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Home state: means :
    (a) for a state chartered depository institution, the state that charters the institution;
    (b) for a federally chartered depository institution, the state where the institution's main office is located; and
    (c) for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
  • Initial fiscal impact estimate: means :
    (a) a financial statement prepared under Section 20A-7-202. See Utah Code 20A-7-101
  • Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means a department employee who is trained in:
    (a) humane handling;
    (b) antemortem and postmortem inspection;
    (c) processing inspection; and
    (d) regulatory requirements. See Utah Code 4-32-105
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103
  • Issuer: means :
    (a) a depository institution that issues a device for access, whether or not the depository institution is an operator; or
    (b) a state or federal governmental agency that issues a device for access that allows a person to receive benefits from or through the state or federal governmental agency. See Utah Code 7-16a-102
  • 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.
  • Label: means a display of printed or graphic matter upon any meat or poultry product or the immediate container, not including package liners, of any such product. See Utah Code 4-32-105
  • Labeling: means all labels and other printed or graphic matter:
    (a) upon any meat or poultry product or any of its containers or wrappers; or
    (b) accompanying a meat or poultry product. See Utah Code 4-32-105
  • Land: includes :Utah Code 68-3-12.5
  • 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.
  • Library board: means the library board of directors appointed locally as authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101
  • Licensee: means a person who holds a valid farm custom slaughter license. See Utah Code 4-32-105
  • Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
  • Measure: means a proposed constitutional amendment, an initiative, or referendum. See Utah Code 20A-7-101
  • Meat: means the edible muscle, and other edible parts, of an animal, including edible:
    (a) skeletal muscle;
    (b) organs;
    (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
    (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing. See Utah Code 4-32-105
  • Meat establishment: means a plant or fixed premises used to:
    (a) slaughter animals for human consumption; or
    (b) process meat or poultry products for human consumption. See Utah Code 4-32-105
  • Misbranded: means any meat or poultry product that:
    (a) bears a label that is false or misleading in any particular;
    (b) is offered for sale under the name of another food;
    (c) is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated;
    (d) if it has a container, the container is made, formed, or filled as to be misleading;
    (e) does not bear a label showing:
    (i) the name and place of business of the manufacturer, packer, or distributor; and
    (ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this Subsection (27)(e), exemptions as to meat and poultry products not in containers may be established by rules of the department and that under this Subsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for small packages may be established for meat or poultry products by rule of the department;
    (f) does not bear any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling that is not prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
    (g) is a food for which a definition and standard of identity or composition has been prescribed by rules of the department under Section 4-32-109 if the food does not conform to the definition and standard and the label does not bear the name of the food and any other information that is required by the rule;
    (h) is a food for which a standard of fill has been prescribed by rule of the department for the container and the actual fill of the container falls below that prescribed unless the food's label bears, in a manner and form as the rule specifies, a statement that the food falls below the standard;
    (i) is a food for which no standard or definition of identity has been prescribed under Subsection (27)(g) unless the label bears:
    (i) the common or usual name of the food, if there be any; and
    (ii) if the food is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings, and colorings may, when authorized by the department, be designated as spices, flavorings, and colorings without naming each, provided that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rule;
    (j) is a food that purports to be or is represented to be for special dietary uses, unless the label bears information concerning the food's vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by rules as necessary to inform purchasers as to the food's value for special dietary uses;
    (k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless the food bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by rules of the department; or
    (l) does not bear directly thereon and on the food's containers, as the department may prescribe by rule, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, other information as the department may require by rule to assure that the meat or poultry product will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or poultry product in a wholesome condition. See Utah Code 4-32-105
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Money services business: includes :
    (i) a check casher;
    (ii) a deferred deposit lender;
    (iii) an issuer or seller of traveler's checks or money orders; and
    (iv) a money transmitter. See Utah Code 7-1-103
  • motor fuel: means any combustible liquid or vapor used to power a motor vehicle or a motor vehicle engine. See Utah Code 4-33-103
  • Nonamenable species: includes domesticated game, as defined in Section 4-32a-201. See Utah Code 4-32-105
  • NOW account: means a savings account from which the owner may make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties. See Utah Code 7-1-103
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
  • Official certificate: means any certificate prescribed by rules of the department for issuance by an inspector or other person performing official functions under this chapter. See Utah Code 4-32-105
  • Official device: means a device prescribed or authorized by the commissioner for use in applying an official mark. See Utah Code 4-32-105
  • Official establishment: means an establishment at which inspection of the slaughter of animals or the preparation of meat or poultry products is maintained under the authority of this chapter. See Utah Code 4-32-105
  • Official mark: means the official legend or other symbol prescribed by rules of the department to identify the status of an animal carcass or meat or poultry product under this chapter. See Utah Code 4-32-105
  • Operator: means an institution that:
    (a) 
    (i) is a depository institution;
    (ii) is a depository institution holding company; or
    (iii) is an institution directly or indirectly owned or controlled by one or more depository institutions or depository institution holding companies; and
    (b) owns or contracts with an owner of an automated teller machine to operate the automated teller machine. See Utah Code 7-16a-102
  • Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
  • Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
  • 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 a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i). See Utah Code 4-35-102
  • Point-of-sale terminal: means an electronic information processing device controlled by or accessible to a merchant or other provider of goods or services that authorizes:
    (a) in payment for goods or services, a debit or credit to a customer's account at:
    (i) a depository institution; or
    (ii) a state or federal governmental agency; and
    (b) the merchant or other provider of goods or services to dispense currency or coin to a customer. See Utah Code 7-16a-102
  • Postmortem inspection: means an inspection of a slaughtered food animal's carcass after slaughter. See Utah Code 4-32-105
  • Poultry: means any domesticated bird, whether living or dead. See Utah Code 4-32-105
  • Poultry product: means any product capable of use as human food that is made wholly or in part from any poultry carcass, excepting products that contain poultry ingredients in relatively small proportion or that historically have not been considered by consumers as products of the poultry food industry, and that are exempted from definition as a poultry product by the commissioner. See Utah Code 4-32-105
  • Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Utah Code 4-32-105
  • Process: means to cut, grind, manufacture, compound, smoke, intermix, or prepare meat or poultry products. See Utah Code 4-32-105
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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.
  • qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
  • Quorum: The number of legislators that must be present to do business.
  • Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Savings account: means a deposit or other account at a depository institution that is not a transaction account. See Utah Code 7-1-103
  • Savings and loan association: means :
    (a) a federal savings and loan association; and
    (b) an out-of-state savings and loan association. See Utah Code 7-1-103
  • service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
  • Slaughter: means :
    (a) the killing of an animal, amenable species, or nonamenable species in a humane manner including skinning or dressing; or
    (b) the process of performing any of the specified acts in preparing an animal, amenable species, or nonamenable species for human consumption. See Utah Code 4-32-105
  • Sponsors: means the legal voters who support the initiative or referendum and who sign the application for petition copies. See Utah Code 20A-7-101
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Technology service provider: means a person that provides a data processing service or activity that supports the financial services or Internet related services of a depository institution subject to the jurisdiction of the department, including supporting:
    (a) lending;
    (b) money transfers;
    (c) fiduciary activities;
    (d) trading activities;
    (e) deposit taking;
    (f) web services and electronic bill payments;
    (g) mobile applications;
    (h) system and software development and maintenance; and
    (i) security monitoring. See Utah Code 7-1-103
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • 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
  • Transaction account: includes :
    (i) demand deposits;
    (ii) NOW accounts;
    (iii) savings deposits subject to automatic transfers; and
    (iv) share draft accounts. See Utah Code 7-1-103
  • Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103
  • Verified: means acknowledged by the person circulating the petition as required in Sections 20A-7-205 and 20A-7-305. See Utah Code 20A-7-101
  • Voter: means an individual who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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