Utah Code > Title 7 > Chapter 9 – Utah Credit Union Act
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Terms Used In Utah Code > Title 7 > Chapter 9 - Utah Credit Union Act
- abandoned horse: as used in this chapter means any horse, ass, mule or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state, and includes a foal running with a dam coming within the above definition. See Utah Code 47-2-1
- Abatement action: includes control of the source of the contamination. See Utah Code 19-6-302
- Abatement action: means action taken to limit, reduce, mitigate, or eliminate:
(a) a release from a petroleum storage tank; or (b) the damage caused by that release. See Utah Code 19-6-402 - Aboveground petroleum storage tank: means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and:
(a) (i) has attached underground piping; or (ii) rests directly on the ground; (b) contains regulated substances; (c) has the capacity to hold 501 gallons or more; and (d) is not: (i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) used for heating oil for consumptive use on the premises where stored; (iii) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget; (iv) directly related to oil or gas production and gathering operations; or (v) used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo, with commercial airport defined in Section 72-10-102. See Utah Code 19-6-402 - Accounts receivable purchase transaction: means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business's accounts, as defined in Section 70A-9a-102, or payment intangibles, as defined in Section 70A-9a-102, at a discount to the accounts' or payment intangibles' expected value. See Utah Code 7-27-101
- Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 46-1-2
- Active project area: means a project area that has not been dissolved in accordance with Section 17C-1-702. See Utah Code 17C-1-102
- Adequate protests: means written protests timely filed by:
(b) registered voters residing within the applicable area equal in number to at least 25% of the number of votes cast in the applicable area for the office of president of the United States at the most recent election prior to the adoption of the resolution or filing of the petition. See Utah Code 17D-1-102 - Adjudicative proceeding: means :
(a) a division or board action or proceeding determining the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, permit, or license; or (b) judicial review of a division or board action or proceeding specified in Subsection (1)(a). See Utah Code 40-8-4 - Adjudicative proceeding: means :Utah Code 68-3-12.5
- Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
- Advanced recycling: means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including:
(i) pyrolysis; (ii) gasification; (iii) depolymerization; (iv) catalytic cracking; (v) reforming; (vi) hydrogenation; (vii) solvolysis; or (viii) chemolysis. See Utah Code 19-6-502 - Advanced recycling facility: means a manufacturing facility:
(a) that is registered with the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d); (b) that receives, stores, and converts post-use polymers or recovered feedstock using advanced recycling; (c) that is subject to applicable Department of Environmental Quality manufacturing regulations for air, water, waste, and land use; and (d) for which the feedstock received by the manufacturing facility is source-separated, diverted, or recovered from municipal or other waste streams prior to acceptance at the facility. See Utah Code 19-6-502 - Advanced recycling product: means a recycled product produced at an advanced recycling facility, including:
(a) a monomer; (b) an oligomer; (c) a plastic; (d) a chemical feedstock; (e) a basic and unfinished chemical; (f) a wax; (g) a lubricant; (h) a coating; or (i) an adhesive. See Utah Code 19-6-502 - 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.
- Advisory council: means an advisory council appointed by the Division of Outdoor Recreation that has within the advisory council's duties advising on policies related to the use of off-highway vehicles. See Utah Code 41-22-2
- 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.
- affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 46-1-2
- Affordable housing: means housing owned or occupied by a low or moderate income family, as determined by resolution of the agency. See Utah Code 17C-1-102
- Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
(a) project area funds; (b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001; (c) a contribution, loan, grant, or other financial assistance from any public or private source; (d) project area incremental revenue as defined in Section 17C-1-1001; or (e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102 - Agency-wide project development: means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing. See Utah Code 17C-1-1001
- Air barrier system: means air barrier material, a system, or an assembly that is specifically and primarily designed to minimize the passage of air through the building thermal envelope and the assemblies when installed in or on a dwelling. See Utah Code 19-1-402
- Air pollutant: means a substance that qualifies as an air pollutant as defined in 42 U. See Utah Code 19-2-102
- Air pollutant source: means private and public sources of emissions of air pollutants. See Utah Code 19-2-102
- Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
- Alternative fuel: means :
(a) propane, natural gas, or electricity; or (b) other fuel that the board determines, by rule, to be: (i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or (ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed. See Utah Code 19-2-302 - Ambient air: means that portion of the atmosphere, external to buildings, to which the general public has access. See Utah Code 19-2-102
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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 proposal to create a special service district, the area included within the proposed special service district; (b) for a proposal to annex an area to an existing special service district, the area proposed to be annexed; (c) for a proposal to add a service to the service or services provided by a special service district, the area included within the special service district; and (d) for a proposal to consolidate special service districts, the area included within each special service district proposed to be consolidated. See Utah Code 17D-1-102 - Applicant: means a person who has filed a notice of intent to commence mining operations, or who has applied to the board for a review of a notice or order. See Utah Code 40-8-4
- Applicant: means a person filing an application for a license under this chapter. See Utah Code 7-25-102
- Appraisal: A determination of property value.
- 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
- Approved notice of intention: means a formally filed notice of intention to commence mining operations, including revisions to the notice of intention that is approved under Section 40-8-13. See Utah Code 40-8-4
- Arrest: Taking physical custody of a person by lawful authority.
- Arts: means the various branches of creative human activity, including visual arts, film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts, and cultural vitality. See Utah Code 9-6-102
- Arts board: means the Utah Arts Advisory Board created in Section 9-6-301. See Utah Code 9-6-102
- Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby amphibole. See Utah Code 19-2-102
- Asbestos-containing material: means a material containing more than 1% asbestos, as determined using the method adopted in 40 C. See Utah Code 19-2-102
- Assessment roll: means the same as that term is defined in Section 59-2-102. See Utah Code 17C-1-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Association: means a group of persons that:
(i) constitute the members of a formal association organized for: (A) an identifiable interest; (B) an identifiable purpose; (C) a specific profession; or (D) a specific occupation; or (ii) are employed by a common employer. See Utah Code 7-9-3 - Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authority board: means the board of directors of a local building authority, as described in Section 17D-2-203. See Utah Code 17D-2-102
- Authorized agent: means a person designated by the licensee under this chapter to sell or issue payment instruments or engage in the business of transmitting money on behalf of a licensee. See Utah Code 7-25-102
- 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
- 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.
- Basalt: means fine-grained mafic igneous rock formed in the tertiary or quaternary periods. See Utah Code 40-8-4
- Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
- Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
(a) for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date; (b) for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee: (i) before the date on which the taxing entity committee approves the project area budget; or (ii) if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan; (c) for a project on an inactive airport site, after the later of: (i) the date on which the inactive airport site is sold for remediation and development; or (ii) the date on which the airport that operated on the inactive airport site ceased operations; or (d) for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102 - Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Basic levy: means the portion of a school district's tax levy constituting the minimum basic levy under Section 59-2-902. See Utah Code 17C-1-102
- Before me: means that an individual appears in the presence of the notary. See Utah Code 46-1-2
- Beneficial use: includes the use of chipped tires:
(i) as daily landfill cover; (ii) for civil engineering purposes; (iii) as low-density, light-weight aggregate fill; or (iv) for septic or drain field construction. See Utah Code 19-6-803 - Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
- Board: means the Waste Management and Radiation Control Board appointed under Title 19, Chapter 6, Hazardous Substances. See Utah Code 19-6-601
- Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-803
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-11-1
- Board: means the Air Quality Board. See Utah Code 19-2-202
- Board: means the Air Quality Board. See Utah Code 19-2-302
- Board: means the board of trustees of a public infrastructure district. See Utah Code 17D-4-102
- Board: means the Air Quality Board. See Utah Code 19-2-102
- Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-202
- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
- Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
- Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402
- Bona fide prospective purchaser: has the meaning given in 42 U. See Utah Code 19-6-302
- Bond: includes a bond, note, or other instrument issued under this chapter evidencing an indebtedness of a local building authority. See Utah Code 17D-2-102
- 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
- Broker: means a person who, for compensation or the expectation of compensation, arranges a commercial financing transaction between a third party and a business in the state. See Utah Code 7-27-101
- Broker: means a person who performs one or more of the following functions for a generator:
(i) arranges for transportation of the radioactive waste; (ii) collects or consolidates shipments of radioactive waste; or (iii) processes radioactive waste in some manner. See Utah Code 19-3-102 - Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102
- Business: means a private enterprise carried on for the purpose of gain or economic profit. See Utah Code 7-27-101
- Business purpose transaction: means a transaction from which the resulting proceeds that a business receives are:
(i) provided to the business; or (ii) intended to be used to carry on the business. See Utah Code 7-27-101 - Byproduct material: means the same as that term is defined in 42 U. See Utah Code 19-3-102
- Capital and surplus: means :
(a) shares; (b) deposits; (c) reserves; and (d) undivided earnings. See Utah Code 7-9-3 - Capital asset: means an asset that:
(a) is a significant investment or an essential component necessary to provide a wastewater service, including: (i) a facility; (ii) infrastructure, whether above or below ground level; (iii) equipment; or (iv) a communications network; and (b) is owned by a wastewater service provider. See Utah Code 19-5-201 - Carbon dioxide: means carbon dioxide (CO2) that has been captured from an emission source or direct air capture, plus incidental associated substances derived from the source materials and the capture process, and any substances added to the carbon dioxide to enable or improve the injection process. See Utah Code 40-11-1
- CERCLA: means 42 U. See Utah Code 19-6-302
- Certificate of compliance: means a certificate issued to a facility by the director:
(a) demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and (b) listing petroleum storage tanks at the facility, specifying: (i) which tanks may receive petroleum; and (ii) which tanks have not met the requirements for compliance. See Utah Code 19-6-402 - Certificate of registration: means a certificate issued to a facility by the director demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has:
(a) registered the tanks; and (b) paid the annual tank fee. See Utah Code 19-6-402 - Certified: means certified by the United States Environmental Protection Agency or the California Air Resources Board to meet appropriate emission standards. See Utah Code 19-2-202
- Certified petroleum storage tank consultant: means a person who:
(i) for a fee, or in connection with services for which a fee is charged, provides or contracts to provide information, opinions, or advice relating to underground storage tank release: (A) management; (B) abatement; (C) investigation; (D) corrective action; or (E) evaluation; (ii) has submitted an application to the director; (iii) received a written statement of certification from the director; and (iv) meets the education and experience standards established by the board under Subsection 19-6-403(1)(a)(vii). See Utah Code 19-6-402 - Certified tax rate: means the same as that term is defined in Section 59-2-924. See Utah Code 17C-1-1001
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Clean fuel: means :
(a) propane, natural gas, renewable natural gas, hydrogen, or electricity; or (b) other fuel that meets the clean fuel vehicle standards in the federal Clean Air Act Amendments of 1990, 42 U. See Utah Code 19-1-402 - Clean vehicle: means a vehicle that:
(i) uses a clean fuel; (ii) is an electric-hybrid vehicle; or (iii) is an electric vehicle. See Utah Code 19-1-402 - Cleanup action: means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. See Utah Code 19-6-302
- Closed: means a petroleum storage tank that is no longer in use that has been:
(a) emptied and cleaned to remove the liquids and accumulated sludges; and (b) (i) removed along with all underground components; or (ii) filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402 - Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
- Combined incremental value: means the combined total of all incremental values from all project areas, except project areas that contain some or all of a military installation or inactive industrial site, within the agency's boundaries under project area plans and project area budgets at the time that a project area budget for a new project area is being considered. See Utah Code 17C-1-102
- Commercial financing transaction: means a business purpose transaction:
(a) under which a person extends a business a commercial loan or a commercial open-end credit plan; or (b) that is an accounts receivable purchase transaction. See Utah Code 7-27-101 - Commercial loan: means a loan to a business, regardless of whether the loan is secured. See Utah Code 7-27-101
- Commercial open-end credit plan: means commercial financing extended to a business on terms under which:
(a) the creditor reasonably contemplates repeat transactions; and (b) subject to any limit set by the creditor, the amount of financing that the creditor may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid. See Utah Code 7-27-101 - Commission: means the Utah State Tax Commission. See Utah Code 19-6-803
- Commission: means the Outdoor Adventure Commission. See Utah Code 41-22-2
- Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 17D-3-102
- Commission: means :
(a) to empower to perform notarial acts; or (b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 46-1-2 - Commissioner: means the commissioner of the department. See Utah Code 17D-3-102
- 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.
- Community: means a county or municipality. See Utah Code 17C-1-102
- Community development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
- Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102
- Community reinvestment project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Condensate: means hydrocarbons, regardless of gravity, that:
(a) occur naturally in the gaseous phase in the reservoir; and (b) are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface in field separators. See Utah Code 40-6-2 - Conference: means an informal adjudicative proceeding conducted by the division or board. See Utah Code 40-8-4
- Consenting owner: means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the well. See Utah Code 40-6-2
- Conservation district: means a limited purpose local government entity, as described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-3-102
- Consumer: includes a person who purchases a new tire for a motor vehicle to be rented or leased. See Utah Code 19-6-803
- Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102
- Contiguous property owner: means a person who qualifies for the exemption from liability in 42 U. See Utah Code 19-6-302
- 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; or (b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103 - Conversion equipment: means equipment designed to:
(a) allow an eligible vehicle to operate on an alternative fuel; and (b) reduce an eligible vehicle's emissions of regulated pollutants, as demonstrated by: (i) certification of the conversion equipment by the Environmental Protection Agency or by a state or country that has certification standards that are recognized, by rule, by the board; (ii) testing the eligible vehicle, before and after the installation of the equipment, in accordance with 40 C. See Utah Code 19-2-302 - Conviction: A judgement of guilt against a criminal defendant.
- Cooperative development project: means project area development with impacts that extend beyond an agency's geographic boundaries to the benefit of two or more communities. See Utah Code 17C-1-1001
- Copy certification: means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. See Utah Code 46-1-2
- Corporate credit union: means any credit union organized pursuant to any state or federal act for the purpose of serving other credit unions. See Utah Code 7-9-3
- 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.
- Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following:
(a) cleanup or removal of the release; (b) containment or isolation of the release; (c) treatment of the release; (d) correction of the cause of the release; (e) monitoring and maintenance of the site of the release; (f) provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or (g) temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. See Utah Code 19-6-402 - Correlative rights: means the opportunity of each owner in a pool to produce the owner's just and equitable share of the oil and gas in the pool without waste. See Utah Code 40-6-2
- Cost: means the total reasonable cost of a project eligible for a grant under the fund, including the cost of labor. See Utah Code 19-2-202
- Cost: means the total reasonable cost of a conversion kit and the paid labor, if any, required to install it. See Utah Code 19-2-302
- Costs: means money expended for:
(a) investigation; (b) abatement action; (c) corrective action; (d) judgments, awards, and settlements for bodily injury or property damage to third parties; (e) legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or (f) costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402 - Counterclaim: A claim that a defendant makes against a plaintiff.
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402
- Covered financial institution: means any of the following that operate in the state:
(a) a state or federally chartered: (i) bank; (ii) savings and loan association; (iii) savings bank; (iv) industrial bank; (v) credit union; (vi) trust company; or (vii) depository institution; or (b) a financial institution. See Utah Code 7-26-102 - Creating entity: means the county, municipality, or development authority that approves the creation of a public infrastructure district. See Utah Code 17D-4-102
- Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
- 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 - Credit union service organization: means an entity:
(a) that provides any of the services listed in Subsection 7-9-59(2); and (b) in which a credit union organized under this chapter holds an ownership interest. See Utah Code 7-9-3 - Cross-country: means across natural terrain and off an existing highway, road, route, or trail. See Utah Code 41-22-2
- Crude oil: means hydrocarbons, regardless of gravity, that:
(a) are produced at the wellhead in liquid form; and (b) (i) occur naturally in the liquid phase in the reservoir; or (ii) are produced through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2 - Crumb rubber: means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. See Utah Code 19-6-803
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: means a person engaged in the business of selling off-highway vehicles at wholesale or retail. See Utah Code 41-22-2
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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 Section 4-2-102. See Utah Code 17D-3-102
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
- 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 - Deposits: means that portion of the capital paid into the credit union by members on which a specified rate of interest will be paid. See Utah Code 7-9-3
- Development: means the work performed in relation to a deposit following the deposit's discovery but before and in contemplation of production mining operations, aimed at preparing the site for mining operations, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities. See Utah Code 40-8-4
- Development: includes :
(a) constructing, expanding, or repairing a museum or other facility that houses arts or cultural presentations; (b) providing for public information, preservation, and access to museums, the arts, and the cultural heritage of the state; and (c) supporting the professional development of artists, cultural administrators, and cultural leaders within the state. See Utah Code 9-6-102 - Development authority: means :
(a) the Utah Inland Port Authority created in Section 11-58-201; (b) the Point of the Mountain State Land Authority created in Section 11-59-201; or (c) the military installation development authority created in Section 63H-1-201. See Utah Code 17D-4-102 - Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
- Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:
(a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section 17C-2-302; or (b) community reinvestment project area under Section 17C-5-404. See Utah Code 17C-1-102 - Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102
- Devise: To gift property by will.
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-601
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-202
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-302
- Director: means the director of the Division of Arts and Museums. See Utah Code 9-6-102
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
- Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Disposal: means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. See Utah Code 19-6-803
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
- Disposal: means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. See Utah Code 19-6-202
- Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
- Dispose of: means to deposit, dump, or permanently place waste tire in or on land or in water in the state. See Utah Code 19-6-803
- District applicant: means the person proposing the creation of a public infrastructure district. See Utah Code 17D-4-102
- Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-6-2
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-11-1
- Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
- Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-202
- Division: means a division of a public infrastructure district:
(a) that is relatively equal in number of eligible voters or potential eligible voters to all other divisions within the public infrastructure district, taking into account existing or potential developments which, when completed, would increase or decrease the population within the public infrastructure district; and (b) which a member of the board represents. See Utah Code 17D-4-102 - Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-302
- Division: means the Division of Arts and Museums. See Utah Code 9-6-102
- Division: means the Division of Air Quality created in Section 19-1-105. See Utah Code 19-2-102
- Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
- Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
- Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402
- Donor: The person who makes a gift.
- Dwelling: means a house, multi-family dwelling, apartment complex, or other residential type building. See Utah Code 19-1-402
- Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402
- Economic development project: means project area development for the purpose of:
(a) creating, developing, attracting, and retaining business; (b) creating or preserving jobs; (c) stimulating business and economic activity; or (d) providing a local incentive as required by the Governor's Office of Economic Opportunity under Title 63N, Economic Opportunity Act. See Utah Code 17C-1-1001 - Economic development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
- Electric vehicle: means a vehicle powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current and does not need carbon based fuel for operation. See Utah Code 19-1-402
- Electric-hybrid vehicle: means a vehicle:
(a) primarily powered by an electric motor that draws current from: (i) rechargeable storage batteries; (ii) fuel cells; or (iii) other sources of electric current; and (b) that also operates on or is capable of operating on a nonelectrical source of power. See Utah Code 19-1-402 - Electronic recording: means the audio and video recording, described in Subsection 46-1-3. See Utah Code 46-1-2
- Electronic seal: means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection 46-1-3. See Utah Code 46-1-2
- Electronic signature: means the same as that term is defined in Section 46-4-102. See Utah Code 46-1-2
- Eligible taxing entity: means a taxing entity that:
(a) is a municipality, a county, or a school district; and (b) contains an agency partially or completely within the taxing entity's geographic boundaries. See Utah Code 17C-1-1001 - Eligible vehicle: means a:
(a) commercial vehicle, as defined in Section 41-1a-102; (b) farm tractor, as defined in Section 41-1a-102; or (c) motor vehicle, as defined in Section 41-1a-102. See Utah Code 19-2-302 - Emergency order: means an order issued by the board in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 40-8-4
- Energy-efficient building envelope improvements: means an insulation and air barrier system that meets the prescriptive criteria for insulation and air barrier systems established by the 2021 International Energy Conservation Code. See Utah Code 19-1-402
- Enforcement action: means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. See Utah Code 19-6-302
- 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.
- Environmental mitigation: means an action or activity intended to remedy, reduce, or offset known negative impacts to the environment. See Utah Code 19-1-602
- Environmental response action: means action taken to prevent, eliminate, minimize, investigate, monitor, clean up, or remove contaminants in the environment. See Utah Code 19-1-602
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- 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 director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
- Executive officer: means the licensee's president, chair of the executive committee, executive vice president, treasurer, chief financial officer, or any other person who performs similar functions. See Utah Code 7-25-102
- Executor: A male person named in a will to carry out the decedent
- Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Exploration: includes :
(i) sinking shafts; (ii) tunneling; (iii) drilling holes and digging pits or cuts; (iv) building of roads, and other access ways; and (v) constructing and operating other facilities related to the activities described in this Subsection (12)(b). See Utah Code 40-8-4 - facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special service 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 17D-1-102
- Facility: means :
(i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302 - Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402
- 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.
- Family: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, 24 C. See Utah Code 17C-1-102
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Field of membership: means persons designated as eligible for credit union membership in accordance with:
(a) Section 7-9-51 or 7-9-53; and (b) the bylaws of the credit union. See Utah Code 7-9-3 - Final judgment: means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 19-3-303
- Financial assurance: means a mechanism or instrument intended to provide funds if necessary to the department to conduct closure, monitoring, or cleanup of a specific facility or site in accordance with the applicable environmental requirements provided in this title. See Utah Code 19-1-602
- Financial exploitation: means :
(a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or (b) an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to: (i) obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or (ii) convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102 - Financial institution: means an institution subject to the jurisdiction of the department because of this title. 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.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
- Fund: means the Clean Fuels and Emission Reduction Technology Fund created in Section 19-1-403. See Utah Code 19-1-402
- Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
- Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
- Funding source: means an individual or entity that provides a monetary contribution to the Environmental Mitigation and Response Fund. See Utah Code 19-1-602
- Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
- generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
- Generator: means a person who:
(a) possesses any material or component: (i) that contains radioactivity or is radioactively contaminated; and (ii) for which the person foresees no further use; and (b) transfers the material or component to: (i) a commercial radioactive waste treatment or disposal facility; or (ii) a broker. See Utah Code 19-3-102 - Geologic carbon storage: means the permanent or short-term underground storage of carbon dioxide in a storage reservoir. See Utah Code 40-11-1
- Geologic carbon storage activity: means activity associated with the development, production, processing, and storage of carbon dioxide as set forth in Title 40, Chapter 11, Geologic Carbon Storage, and includes:
(a) drilling; (b) development of storage facilities; (c) completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of storage facilities; (d) construction activities; (e) recovery techniques; (f) remediation activities; and (g) any other activity related to geologic carbon storage that the board identifies. See Utah Code 40-11-1 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Goods: means any materials or supplies, whether raw, processed, or manufactured. See Utah Code 19-3-303
- Governing body: means :
(a) the legislative body of the county or municipality that creates the special service district, to the extent that the county or municipal legislative body has not delegated authority to an administrative control board created under Section 17D-1-301; or (b) the administrative control board of the special service district, to the extent that the county or municipal legislative body has delegated authority to an administrative control board created under Section 17D-1-301. See Utah Code 17D-1-102 - Governing body: means :
(a) for a county, city, or town, the legislative body of the county, city, or town; (b) for a school district, the local school board for the school district; (c) for a special district, the special district's board of trustees; and (d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102 - Governing body: means a political subdivision governing body defined in Section 63A-15-102. See Utah Code 19-5-201
- Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
- Governing document: means the document governing a public infrastructure district to which the creating entity agrees before the creation of the public infrastructure district, as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and this chapter. See Utah Code 17D-4-102
- Government vehicle: includes a metropolitan rapid transit motor vehicle, bus, truck, law enforcement vehicle, or emergency vehicle. See Utah Code 19-1-402
- Grantor: The person who establishes a trust and places property into it.
- Gravel: means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes. See Utah Code 40-8-4
- Gross value of the contract: means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it. See Utah Code 19-3-303
- Guaranteed bonds: means bonds:
(a) issued by a special service district; and (b) the debt service of which is guaranteed by one or more taxpayers owning property within the special service district. See Utah Code 17D-1-102 - Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U. See Utah Code 19-6-302
- Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
- Hazardous substances priority list: means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. See Utah Code 19-6-302
- Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
- Hazardous waste: means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. See Utah Code 17C-1-102
- Hazardous wastes: means hazardous waste as defined in Section 19-6-102. See Utah Code 19-6-202
- Hearing: means a formal adjudicative proceeding conducted by the board under the board's procedural rules. See Utah Code 40-8-4
- High-level nuclear waste: means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes. See Utah Code 19-3-102
- 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 - Household waste: means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. See Utah Code 19-6-102
- Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
- illegal gas: means oil or gas that has been produced from any well within the state in violation of this chapter or any rule or order of the board. See Utah Code 40-6-2
- Immediate family: means parents, spouse, surviving spouse, children, and siblings of the member. See Utah Code 7-9-3
- Implementation plan: means a plan adopted in accordance with Section 17C-1-1004 that:
(a) describes how the agency uses property tax revenue; and (b) guides and controls agency-wide project development. See Utah Code 17C-1-1001 - In the presence of the notary: means that an individual:
- Aboveground petroleum storage tank: means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and: