§ 7-2-1 Supervisory actions by commissioner — Grounds — Mergers or acquisitions authorized by commissioner — Possession of business and property taken by commissioner
§ 7-2-2 Jurisdiction of district court — Supervision of actions of commissioner in possession — Authority of commissioner and court
§ 7-2-2 v2 Action to review the commissioner’s actions — Supervision of actions of commissioner in possession — Authority of commissioner and court
§ 7-2-3 Action for injunction against commissioner in possession — Procedure — Appeal
§ 7-2-4 Consent required for institution to resume business
§ 7-2-5 Appointment of receiver or assignment for creditors — Notice required — Commissioner taking possession
§ 7-2-5 v2 Appointment of receiver or assignment for creditors — Notice required — Commissioner taking possession
§ 7-2-6 Possession by commissioner — Notice — Presentation, allowance, and disallowance of claims — Objections to claims
§ 7-2-6 v2 Possession by commissioner — Notice — Presentation, allowance, and disallowance of claims — Objections to claims
§ 7-2-7 Stay of proceedings against institution — Relief
§ 7-2-8 Special deputies or agents — Appointment — Bond
§ 7-2-9 Conservatorship, receivership, or liquidation of institution — Appointment of receiver — Review of actions
§ 7-2-9 v2 Conservatorship, receivership, or liquidation of institution — Appointment of receiver — Review of actions
§ 7-2-10 Inventory of assets — Listings of claims — Report of proceedings — Filing — Inspection
§ 7-2-10 v2 Inventory of assets — Listings of claims — Report of proceedings — Filing — Inspection
§ 7-2-11 Special counsel — Employment by attorney general
§ 7-2-12 Powers of commissioner in possession — Sale of assets — Postpossession financing — New deposit instruments — Executory contracts — Transfer of property — Avoidance of transfers — Avoidable preferences — Setoff
§ 7-2-13 Collections in liquidation — Deposit — Preference
§ 7-2-14 Expenses during possession
§ 7-2-15 Priority of obligations, expenses, and claims — Distribution of balance of assets
§ 7-2-16 Interim ratable dividends
§ 7-2-17 Disposition of records after liquidation
§ 7-2-18 Plan for reorganization or liquidation of institution — Hearing — Procedure — Effect — Appeals
§ 7-2-19 Suspension of payments by institution — Order of commissioner — Approval of governor — Period effective — Exempt payments — Operation during suspension — Modification of orders — Adoption of rules and regulations
§ 7-2-21 Applicability of Utah Procurement Code
§ 7-2-22 Termination of authority to transact business
§ 7-2-23 Limitation of action — Tolling of period

Terms Used In Utah Code > Title 7 > Chapter 2 - Possession of Depository Institution by Commissioner

  • Account holder: means a person for whom an account is held by a financial institution. See Utah Code 7-1-1001
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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
  • 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.
  • Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 34A-5-102
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable area: means :
    (a) for a county, the unincorporated area of the county that is included within the proposed special district; or
    (b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201
  • Applicable area: means :
    (a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or
    (b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401
  • Apprenticeship: means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102. See Utah Code 34A-5-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bona fide occupational qualification: means a characteristic applying to an employee that:
    (i) is necessary to the operation; or
    (ii) is the essence of the employee's employer's business. See Utah Code 34A-5-102
  • Bond: means :
    (a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
    (b) a lease agreement, installment purchase agreement, or other agreement that:
    (i) includes an obligation by the district to pay money; and
    (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
  • 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
  • Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
  • Budget officer: means the person appointed by the special district board of trustees to prepare the budget for the district. See Utah Code 17B-1-601
  • Budget year: means the fiscal year for which a budget is prepared. See Utah Code 17B-1-601
  • Calendar year entity: means a special district whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 17B-1-602. See Utah Code 17B-1-601
  • Cemetery maintenance district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District Act, including an entity that was created and operated as a cemetery maintenance district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 34-43-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 17-55-101
  • Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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; or
    (b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
  • 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.
  • council: means a council created by a county or counties in accordance with Section 17-55-201. See Utah Code 17-55-101
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Court: means :
    (i) the district court in the judicial district of the state in which the asserted unfair employment practice occurs; or
    (ii) if the district court is not in session at that time, a judge of the court described in Subsection (1)(d)(i). See Utah Code 34A-5-102
  • court: means the court given jurisdiction by this provision. See Utah Code 7-2-2
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Department: means the Department of Veterans and Military Affairs, created in Section 71A-1-201. See Utah Code 34-50-102
  • Dependent: A person dependent for support upon another.
  • 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
  • Director: means the director of the division. See Utah Code 34A-5-102
  • Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, 42 U. See Utah Code 34A-5-102
  • Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 34-43-102
  • Discharge document: means a document received by a service member upon separation from military service, including:
    (a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;
    (b) a DD 256, United States Department of Defense Honorable Discharge Certificate;
    (c) a DD 257, United States General Discharge Certificate; or
    (d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 34-50-102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102
  • Donor: The person who makes a gift.
  • Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
  • Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101
  • 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: means a person applying with or employed by an employer. See Utah Code 34A-5-102
  • Employer: means :
    (A) the state;
    (B) a political subdivision;
    (C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or
    (D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34A-5-102
  • Employment agency: means a person:
    (i) undertaking to procure employees or opportunities to work for any other person; or
    (ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 34A-5-102
  • 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.
  • 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
  • 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.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
  • 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.
  • Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-5-102
  • 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
  • Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Fiscal year: means the annual period for accounting for fiscal operations in each district. See Utah Code 17B-1-601
  • 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-5-102
  • Franchisee: means the same as that term is defined in 16 C. See Utah Code 34A-5-102
  • Franchisor: means the same as that term is defined in 16 C. See Utah Code 34A-5-102
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Special Districts. See Utah Code 17B-1-601
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 34A-5-102
  • General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17B-1-601
  • Governing body: means :
    (a) for a county or municipality, the legislative body of the county or municipality; and
    (b) for a special district, the board of trustees of the special district. See Utah Code 17B-1-201
  • Governmental entity: means :
    (i) the state, including:
    (A) a department;
    (B) an institution;
    (C) a board;
    (D) a division;
    (E) a bureau;
    (F) an office;
    (G) a commission;
    (H) a committee; or
    (I) an elected official; and
    (ii) a political subdivision of the state, including:
    (A) a county;
    (B) a city;
    (C) a town;
    (D) a school district;
    (E) a public transit district;
    (F) a redevelopment agency;
    (G) a special improvement district; or
    (H) a taxing district. See Utah Code 7-1-1001
  • Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201
  • Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Highway: includes :Utah Code 68-3-12.5
  • 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
  • Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103
  • Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • Insolvent: means the status of a financial institution that is unable to meet its obligations as they mature. See Utah Code 7-1-103
  • 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
  • Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Joint apprenticeship committee: means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. See Utah Code 34A-5-102
  • 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.
  • Labor organization: means an organization that exists for the purpose in whole or in part of:
    (i) collective bargaining;
    (ii) dealing with employers concerning grievances, terms or conditions of employment; or
    (iii) other mutual aid or protection in connection with employment. See Utah Code 34A-5-102
  • 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
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • 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.
  • 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
  • Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
  • Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
  • Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • National origin: means the place of birth, domicile, or residence of an individual or of an individual's ancestors. See Utah Code 34A-5-102
  • Nonprotected record: means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:
    (i) the existence of an account;
    (ii) the opening and closing dates of an account;
    (iii) the name under which an account is held; and
    (iv) the name, address, and telephone number of an account holder. See Utah Code 7-1-1001
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • 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.
  • On-the-job-training: means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction:
    (i) is also employed at that job; or
    (ii) may be employed by the employer conducting the program during the course of the program, or when the program is completed. See Utah Code 34A-5-102
  • 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.
  • Periodic testing: means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule. See Utah Code 34-41-101
  • Person: means :Utah Code 68-3-12.5
  • 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 an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 34-45-102
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Person: means :
    (i) one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
    (ii) the state; and
    (iii) a political subdivision of the state. See Utah Code 34A-5-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Petition: means a petition under Subsection 17B-1-203(1)(a), (b), or (c). See Utah Code 17B-1-201
  • Political subdivision: means a county, city, town, metro township, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
  • Post-incarceration services: includes :
    (i) educational services;
    (ii) housing services;
    (iii) health care services;
    (iv) workforce services; and
    (v) human services programs. See Utah Code 17-55-101
  • 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.
  • Preference eligible: means the same as that term is defined in Section 71A-2-101. See Utah Code 34-50-102
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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.
  • Presiding officer: means the same as that term is defined in Section 63G-4-103. See Utah Code 34A-5-102
  • Private employer: means the same as that term is defined in Section 63G-12-102. See Utah Code 34-50-102
  • 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
  • Prohibited employment practice: means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106. See Utah Code 34A-5-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101
  • Protected record: means a record that is not defined as a nonprotected record. See Utah Code 7-1-1001
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entity: means :
    (a) the United States or an agency of the United States;
    (b) the state or an agency of the state;
    (c) a political subdivision of the state or an agency of a political subdivision of the state;
    (d) another state or an agency of that state; or
    (e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102
  • Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Quorum: The number of legislators that must be present to do business.
  • 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.
  • 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
  • receiving entity: means the entity that will, after the withdrawal of an area from a special district, provide to the withdrawn area the service that the special district previously provided to the area. See Utah Code 17B-1-501
  • Record: means information that is:
    (i) prepared, owned, received, or retained by a financial institution;
    (ii) 
    (A) inscribed on a tangible medium; or
    (B) stored in an electronic or other medium; and
    (iii) retrievable in perceivable form. See Utah Code 7-1-1001
  • Registered voter petition: means a petition under Subsection 17B-1-203(1)(b). See Utah Code 17B-1-201
  • Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201
  • Religious leader: means an individual who is associated with, and is an authorized representative of, a religious organization or association or a religious corporation sole, including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual advisor. See Utah Code 34A-5-102
  • 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.
  • Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201
  • Responsible body: means the governing body of:
    (a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
    (b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:
    (i) the unincorporated part of the county; or
    (ii) more than one municipality within the county;
    (c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
    (d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • Responsible clerk: means the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body. See Utah Code 17B-1-201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail: means , with respect to a service provided by a municipality or special district, that the service is provided directly to the ultimate user. See Utah Code 17B-1-401
  • Retaliate: means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member:
    (i) opposes an employment practice prohibited under this chapter; or
    (ii) files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter. See Utah Code 34A-5-102
  • Road: includes :Utah Code 68-3-12.5
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
    (a) parliamentary order and procedure;
    (b) ethical behavior; and
    (c) civil discourse. See Utah Code 17B-1-102
  • Sample: means urine, blood, breath, saliva, or hair. See Utah Code 34-41-101
  • Service applicant: means a person who requests that a special district provide a service that the special district is authorized to provide. See Utah Code 17B-1-102
  • Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Service member: means a currently serving member of the armed forces. See Utah Code 34-50-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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
  • 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.
  • Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 34A-5-102
  • Short-term bond: means a bond that is required to be repaid during the fiscal year in which the bond is issued. See Utah Code 17B-1-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
  • Special assessment bond: means a bond payable from special assessments. See Utah Code 17B-1-102
  • Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
    (a) this chapter; or
    (b) 
    (i) this chapter; and
    (ii) 
    (A) 1;
    (B) 2;
    (C) 3;
    (D) 4;
    (E) 5;
    (F) 6;
    (G) 7;
    (H) 8;
    (I) 9;
    (J) 10; or
    (K) 11. See Utah Code 17B-1-102
  • Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or a public infrastructure district. See Utah Code 17B-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 68-3-12.5
  • 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 agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government. See Utah Code 34-43-102
  • State institution of higher education: means the institution as defined in Section 53B-3-102. See Utah Code 34-41-101
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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
  • Tax and revenue anticipation bond: means a bond:
    (a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and
    (b) that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17B-1-102
  • Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
  • 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
  • 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
  • Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
  • Trustee: A person or institution holding and administering property in trust.
  • Undue hardship: means an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation. See Utah Code 34A-5-102
  • Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
  • 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-5-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Veteran: means the same as that term is defined in Section 68-3-12. See Utah Code 34-50-102
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Vocational school: means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations. See Utah Code 34A-5-102
  • Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101
  • Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Wholesale: means , with respect to a service provided by a special district, that the service is not provided directly to the ultimate user but is provided to a retail provider. See Utah Code 17B-1-401
  • Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102
  • Writing: includes :Utah Code 68-3-12.5