Utah Code > Title 9 > Chapter 9 – Utah Division of Indian Affairs Act
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Part 1 | Division of Indian Affairs | 9-9-101 – 9-9-108 |
Part 2 | State and Tribal Jurisdiction | 9-9-201 – 9-9-214 |
Part 4 | Native American Grave Protection and Repatriation Act | 9-9-401 – 9-9-408 |
Terms Used In Utah Code > Title 9 > Chapter 9 - Utah Division of Indian Affairs Act
- Accident and health insurance: means insurance to provide protection against economic losses resulting from:
(i) a medical condition including: (A) a medical care expense; or (B) the risk of disability; (ii) accident; or (iii) sickness. See Utah Code 31A-1-301 - Acquired or constructed: means acquired, constructed, reconstructed, restored, enlarged, improved, renovated, repaired, replaced, equipped, or furnished in whole or in part with state funds. See Utah Code 9-6-403
- Act: means the National Community and Service Trust Act of 1993, 42 U. See Utah Code 9-20-102
- Administrator: means the same as that term is defined in Subsection (179). See Utah Code 31A-1-301
- 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.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
- Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8-302
- Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
- Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301 - Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
- 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.
- Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
- Ancient human remains: means all or part of the following that are historic or prehistoric:
(a) a physical individual; and (b) any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. See Utah Code 9-8-302 - Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
- Antiquities Section: means the Antiquities Section of the Division of State History created in Section 9-8-304. See Utah Code 9-8-302
- Antiquities Section: means the Antiquities Section of the Division of State History. See Utah Code 9-9-402
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Application: means a document:
(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 - Appropriation: means a legislative authorization to make expenditures and to incur obligations for specific purposes. See Utah Code 51-5-3
- 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
- Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8-302
- Artist: means a practitioner in the visual arts, generally recognized by critics and the artist's peers as a professional who is committed to producing high quality work on a regular basis, and who is not the project architect or a member of the project's architectural firm. See Utah Code 9-6-403
- 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
- 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 - Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- authorized insurer: means an insurer:
(i) holding a valid certificate of authority to do an insurance business in this state; and (ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301 - 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.
- 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.
- Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
- Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101
- Board: means the Board of State History. See Utah Code 9-8-102
- Board: means the Board of State History. See Utah Code 9-8-701
- board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
- Borrower: means any person who becomes obligated on a real estate loan at the time of origination of such loan and includes mortgagors, trustors under trust deeds and vendees under conditional land sales contracts. See Utah Code 7-17-2
- 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
- Budgetary accounts: means those accounts necessary to reflect budgetary operations and conditions, such as estimated revenues, appropriations, and encumbrances. See Utah Code 51-5-3
- Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
(a) Section 31A-8-205; or (b) Subsection 31A-9-205(2). See Utah Code 31A-1-301 - Capital and surplus: means :
(a) shares; (b) deposits; (c) reserves; and (d) undivided earnings. See Utah Code 7-9-3 - Casualty insurance: means liability insurance. See Utah Code 31A-1-301
- Certificate: means evidence of insurance given to:
(a) an insured under a group insurance policy; or (b) a third party. See Utah Code 31A-1-301 - Check: means a payment instrument on a depository institution including a:
(i) check; (ii) draft; (iii) order; or (iv) other instrument. See Utah Code 7-15-1 - City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Claims-made coverage: means an insurance contract or provision limiting coverage under a policy insuring against legal liability to claims that are first made against the insured while the policy is in force. See Utah Code 31A-1-301
- Collection: means a specimen and the associated records documenting the specimen and its recovery. See Utah Code 9-8-302
- Commission: means the Utah Commission on Service and Volunteerism created in Section 9-20-201. See Utah Code 9-20-102
- Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
- commissioner of insurance: means Utah's insurance commissioner. See Utah Code 31A-1-301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- consultant: means a person who:
(a) advises another person about insurance needs and coverages; (b) is compensated by the person advised on a basis not directly related to the insurance placed; and (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301 - Continuance: Putting off of a hearing ot trial until a later time.
- Continuing care insurance: means insurance that:
(i) provides board and lodging; (ii) provides one or more of the following: (A) a personal service; (B) a nursing service; (C) a medical service; or (D) any other health-related service; and (iii) provides the coverage described in this Subsection (28)(a) under an agreement effective: (A) for the life of the insured; or (B) for a period in excess of one year. See Utah Code 31A-1-301 - Contract: A legal written agreement that becomes binding when signed.
- Contracting agency: means the state agency which is responsible for supervising the principal user of a state building or facility. See Utah Code 9-6-403
- Control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
(a) direct or exercise a controlling influence over: (i) the management or policies of a financial institution; or (ii) the election of a majority of the directors or trustees of an institution; (b) vote 20% or more of any class of voting securities of a financial institution by an individual; or (c) vote more than 10% of any class of voting securities of a financial institution by a person other than an individual. See Utah Code 7-1-103 - Controlled insurer: means a licensed insurer that is either directly or indirectly controlled by a producer. See Utah Code 31A-1-301
- Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
- Controlling producer: means a producer who directly or indirectly controls an insurer. See Utah Code 31A-1-301
- 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
- Corporate governance annual disclosure: means a report an insurer or insurance group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual Disclosure Act. See Utah Code 31A-1-301
- 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.
- Corporation: means an insurance corporation, except when referring to:
(i) a corporation doing business: (A) as: (I) an insurance producer; (II) a surplus lines producer; (III) a limited line producer; (IV) a consultant; (V) a managing general agent; (VI) a reinsurance intermediary; (VII) a third party administrator; or (VIII) an adjuster; and (B) under: (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries; (II) Chapter 25, Third Party Administrators; or (III) Chapter 26, Insurance Adjusters; or (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301 - County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments coming due on a specific loan or other credit transaction while the debtor has a disability. See Utah Code 31A-1-301
- Credit insurance: includes :
(i) credit accident and health insurance; (ii) credit life insurance; (iii) credit property insurance; (iv) credit unemployment insurance; (v) guaranteed automobile protection insurance; (vi) involuntary unemployment insurance; (vii) mortgage accident and health insurance; (viii) mortgage guaranty insurance; and (ix) mortgage life insurance. See Utah Code 31A-1-301 - Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301
- Credit property insurance: means insurance:
(a) offered in connection with an extension of credit; and (b) that protects the property until the debt is paid. See Utah Code 31A-1-301 - Credit reporting agency: includes any co-operative credit reporting agency maintained by an association of financial institutions or one or more associations of merchants. See Utah Code 7-14-1
- Credit unemployment insurance: means insurance:
(a) offered in connection with an extension of credit; and (b) that provides indemnity if the debtor is unemployed for payments coming due on a: (i) specific loan; or (ii) credit transaction. See Utah Code 31A-1-301 - 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 - Creditable coverage: includes coverage that is offered through a public health plan such as:
(i) the Primary Care Network Program under a Medicaid primary care network demonstration waiver obtained subject to Section 26-18-3; (ii) the Children's Health Insurance Program under Section 26-40-106; or (iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. See Utah Code 31A-1-301 - Creditor: means a person, including an insured, having a claim, whether:
(a) matured; (b) unmatured; (c) liquidated; (d) unliquidated; (e) secured; (f) unsecured; (g) absolute; (h) fixed; or (i) contingent. See Utah Code 31A-1-301 - Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
- Cultural affiliation: means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. See Utah Code 9-9-402
- Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8-302
- Curation facility: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8-302
- Customer service representative: means a person that provides an insurance service and insurance product information:
(i) for the customer service representative's: (A) producer; (B) surplus lines producer; or (C) consultant employer; and (ii) to the customer service representative's employer's: (A) customer; (B) client; or (C) organization. See Utah Code 31A-1-301 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deadline: means a final date or time:
(a) imposed by: (i) statute; (ii) rule; or (iii) order; and (b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301 - Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Deemer clause: means a provision under this title under which upon the occurrence of a condition precedent, the commissioner is considered to have taken a specific action. See Utah Code 31A-1-301
- Degree of relationship: means the number of steps between two persons determined by counting the generations separating one person from a common ancestor and then counting the generations to the other person. See Utah Code 31A-1-301
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- Department: means the Department of Heritage and Arts. See Utah Code 9-1-102
- Department: means the Insurance Department. See Utah Code 31A-1-301
- 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: means any institution authorized by state or federal law to accept and hold demand deposits or other accounts which may be used to effect third party payment transactions. See Utah Code 7-14-1
- 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 - 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: 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 - Devise: To gift property by will.
- 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 State History. See Utah Code 9-8-102
- Director: means the director of the Division of Indian Affairs. See Utah Code 9-9-402
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
(a) perform the duties of: (i) that individual's occupation; or (ii) an occupation for which the individual is reasonably suited by education, training, or experience; or (b) perform two or more of the following basic activities of daily living: (i) eating; (ii) toileting; (iii) transferring; (iv) bathing; or (v) dressing. See Utah Code 31A-1-301 - Disability income insurance: means the same as that term is defined in Subsection (85). See Utah Code 31A-1-301
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Division: means the Division of Arts and Museums. See Utah Code 9-6-102
- Division: means the State Library Division. See Utah Code 9-7-101
- Division: means the Division of State History. See Utah Code 9-8-102
- division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
- Division: means the Division of State History created in Section 9-8-201. See Utah Code 9-8-302
- Division: means the Division of State History. See Utah Code 9-8-701
- division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
- Division: means the Division of Indian Affairs. See Utah Code 9-9-402
- Documentary materials: means written or documentary information contained in published materials, manuscript collections, archival materials, photographs, sound recordings, motion pictures, and other written, visual, and aural materials, except government records. See Utah Code 9-8-102
- Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
- Domiciliary state: means the state in which an insurer:
(a) is incorporated; (b) is organized; or (c) in the case of an alien insurer, enters into the United States. See Utah Code 31A-1-301 - Donor: The person who makes a gift.
- Effect: means an alteration to one or more characteristics of a historic property that qualify the historic property for inclusion in, or that make the historic property eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8-402
- Eligible employee: includes :
(i) an owner who: (A) works on a full-time basis; (B) has a normal work week of 30 or more hours; and (C) employs at least one common employee; and (ii) if the individual is included under a health benefit plan of a small employer: (A) a sole proprietor; (B) a partner in a partnership; or (C) an independent contractor. See Utah Code 31A-1-301 - Employee: means :
(a) an individual employed by an employer; and (b) an owner who meets the requirements of Subsection (53)(b)(i). See Utah Code 31A-1-301 - Employee benefits: means one or more benefits or services provided to:
(a) an employee; or (b) a dependent of an employee. See Utah Code 31A-1-301 - Employee welfare fund: includes a plan funded or subsidized by a user fee or tax revenues. See Utah Code 31A-1-301
- Encumbrances: means obligations in the form of purchase orders, contracts, or salary commitments that are chargeable to an appropriation and for which a part of the appropriation is reserved. See Utah Code 51-5-3
- Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301
- endowment care cemetery: means a cemetery or mausoleum for crypt or vault interments, columbarium for permanent cinerary interments, or any other place providing lots or other interment space for the remains of human bodies that:
(a) represents to the public that it will care for, maintain, and embellish its property to preserve it from becoming unkempt and a place of reproach and desolation in the community in which it is located; and (b) collects funds for the purpose stated in Subsection (2)(a). See Utah Code 8-4-1 - Endowment fund: means any endowment fund created under this chapter by a qualifying organization. See Utah Code 9-6-501
- Endowment fund: means any history endowment fund created under this part by a qualifying organization. See Utah Code 9-8-701
- Enrollee: includes an insured. See Utah Code 31A-1-301
- Enterprise risk: means an activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause:
(a) the insurer's risk-based capital to fall into an action or control level as set forth in Sections 31A-17-601 through 31A-17-613; or (b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101. See Utah Code 31A-1-301 - 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.
- Escrow: means an agreement, express or implied, that provides for one or more parties to deliver or entrust money, a certificate of deposit, a security, a negotiable instrument, a deed, or other property or asset to another person to be held, paid, or delivered in accordance with terms and conditions prescribed in the agreement. See Utah Code 7-22-101
- Escrow: means :
(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions: (A) the explanation, holding, or creation of a document; or (B) the receipt, deposit, and disbursement of money; (ii) a settlement or closing involving: (A) a mobile home; (B) a grazing right; (C) a water right; or (D) other personal property authorized by the commissioner. See Utah Code 31A-1-301 - Escrow agent: means a person that provides or offers to provide escrow services to the public. See Utah Code 7-22-101
- Escrow agent: means an agency title insurance producer meeting the requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an individual title insurance producer licensed with an escrow subline of authority. See Utah Code 31A-1-301
- 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.
- Excavate: means the recovery of archaeological resources. See Utah Code 9-8-302
- Excess surplus: means :
(i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of: (A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of: (I) 2. See Utah Code 31A-1-301 - Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
(a) a specific physical condition; (b) a specific medical procedure; (c) a specific disease or disorder; or (d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301 - Executive director: means the executive director of the Department of Heritage and Arts. See Utah Code 9-1-102
- Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Expenditures: means decreases in net financial resources from other than interfund transfers, refundings of general long-term capital debt, and other items indicated by GASB. See Utah Code 51-5-3
- Expense reimbursement insurance: means insurance:
(a) written to provide a payment for an expense relating to hospital confinement resulting from illness or injury; and (b) written: (i) as a daily limit for a specific number of days in a hospital; and (ii) to have a one or two day waiting period following a hospitalization. See Utah Code 31A-1-301 - Failing or failed depository institution: means a depository institution under the jurisdiction of the department:
(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist; (b) that meets the requirements of Subsection 7-2-1(1)(l); (c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); or (d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner. See Utah Code 7-19-1 - Failing or failed depository institution holding company: means a depository institution holding company under the jurisdiction of the department:
(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist; (b) that meets the requirements of Subsection 7-2-1(1)(l); (c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); (d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner; or (e) whose subsidiary depository institution is a failing or failed depository institution. See Utah Code 7-19-1 - Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- federally tax qualified long-term care insurance contract: means :
(a) an individual or group insurance contract that meets the requirements of Section 7702B(b), Internal Revenue Code; or (b) the portion of a life insurance contract that provides long-term care insurance: (i) (A) by rider; or (B) as a part of the contract; and (ii) that satisfies the requirements of Sections 7702B(b) and (e), Internal Revenue Code. See Utah Code 31A-1-301 - Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Felony: A crime carrying a penalty of more than a year in prison.
- Fidelity insurance: means insurance guaranteeing the fidelity of a person holding a position of public or private trust. See Utah Code 31A-1-301
- 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 - Filed: means that a filing is:
(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and (iii) accompanied by the appropriate fee in accordance with: (A) Section 31A-3-103; or (B) rule. See Utah Code 31A-1-301 - Filing: when used as a noun, means an item required to be filed with the department including:
(a) a policy; (b) a rate; (c) a form; (d) a document; (e) a plan; (f) a manual; (g) an application; (h) a report; (i) a certificate; (j) an endorsement; (k) an actuarial certification; (l) a licensee annual statement; (m) a licensee renewal application; (n) an advertisement; (o) a binder; or (p) an outline of coverage. See Utah Code 31A-1-301 - Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
- Financial resources: includes cash, claims to cash such as taxes receivable, and claims to goods or services such as prepaids. See Utah Code 51-5-3
- First party insurance: means an insurance policy or contract in which the insurer agrees to pay a claim submitted to it by the insured for the insured's losses. See Utah Code 31A-1-301
- Fiscal period: means any period at the end of which a governmental unit determines its financial position and the results of its operations. See Utah Code 51-5-3
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
- Form: means one of the following prepared for general use:
(i) a policy; (ii) a certificate; (iii) an application; (iv) an outline of coverage; or (v) an endorsement. See Utah Code 31A-1-301 - Franchise insurance: means an individual insurance policy provided through a mass marketing arrangement involving a defined class of persons related in some way other than through the purchase of insurance. See Utah Code 31A-1-301
- Fraud: Intentional deception resulting in injury to another.
- Function: means a group of related activities aimed at accomplishing a major service or regulatory program for which a governmental unit is responsible. See Utah Code 51-5-3
- Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts, composed of financial resources and other assets, all related liabilities and residual equities or balances and changes in those resources, assets, liabilities, and equities that, when recorded, are segregated for the purpose of carrying on specific activities or attaining certain objectives, according to special regulations, restrictions, or limitations. See Utah Code 51-5-3
- GASB: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-5-3
- General lines of insurance: include :
(a) accident and health; (b) casualty; (c) life; (d) personal lines; (e) property; and (f) variable contracts, including variable life and annuity. See Utah Code 31A-1-301 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governmental fund: includes the following types: General Fund, special revenue funds, debt service funds, capital projects funds, and permanent funds. See Utah Code 51-5-3
- Grantor: The person who establishes a trust and places property into it.
- Group health plan: means an employee welfare benefit plan to the extent that the plan provides medical care:
(a) (i) to an employee; or (ii) to a dependent of an employee; and (b) (i) directly; (ii) through insurance reimbursement; or (iii) through another method. See Utah Code 31A-1-301 - Group insurance policy: means a policy covering a group of persons that is issued:
(i) to a policyholder on behalf of the group; and (ii) for the benefit of a member of the group who is selected under a procedure defined in: (A) the policy; or (B) an agreement that is collateral to the policy. See Utah Code 31A-1-301 - Group-wide supervisor: means the commissioner or other regulatory official designated as the group-wide supervisor for an internationally active insurance group under Section 31A-16-108. See Utah Code 31A-1-301
- Guaranteed automobile protection insurance: means insurance offered in connection with an extension of credit that pays the difference in amount between the insurance settlement and the balance of the loan if the insured automobile is a total loss. See Utah Code 31A-1-301
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guardian: includes a person who:Utah Code 68-3-12.5
- Health benefit plan: means , except as provided in Subsection (79)(b), a policy, contract, certificate, or agreement offered or issued by a health carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care. See Utah Code 31A-1-301
- Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
(a) a professional service; (b) a personal service; (c) a facility; (d) equipment; (e) a device; (f) supplies; or (g) medicine. See Utah Code 31A-1-301 - Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
- health insurance: means insurance providing:
(i) a health care benefit; or (ii) payment of an incurred health care expense. See Utah Code 31A-1-301 - Health insurance exchange: means an exchange as defined in 45 C. See Utah Code 31A-1-301
- Health Insurance Portability and Accountability Act: means the Health Insurance Portability and Accountability Act of 1996, Pub. See Utah Code 31A-1-301
- Highway: includes :Utah Code 68-3-12.5
- Historic property: means any prehistoric or historic district, site, building, structure, or specimen included in, or eligible for inclusion in, the National Register of Historic Places or the State Register. See Utah Code 9-8-302
- Historic property: means any historic or prehistoric district, site, building, structure, or object that is at least 50 years old and that is included in, or that is eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8-402
- Historical artifacts: means objects produced or shaped by human efforts, a natural object deliberately selected and used by a human, an object of aesthetic interest, and any human-made objects produced, used, or valued by the historic peoples of Utah. See Utah Code 9-8-102
- 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 - Immediate family: means parents, spouse, surviving spouse, children, and siblings of the member. See Utah Code 7-9-3
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
- Independent adjuster: means an insurance adjuster required to be licensed under Section 31A-26-201 who engages in insurance adjusting as a representative of an insurer. See Utah Code 31A-1-301
- Independently procured insurance: means insurance procured under Section 31A-15-104. See Utah Code 31A-1-301
- Indian reservation: means :
(1) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; and (2) all Indian allotments, to which the Indian titles have not been extinguished, including rights of way thereon. See Utah Code 9-9-210 - Indian tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-8-302
- Indian tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-402
- Individual: means a natural person. See Utah Code 31A-1-301
- Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
- Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- insolvent: means that:
(a) an insurer is unable to pay the insurer's obligations as the obligations are due; (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection