FrankGoortani/open-us-law huggingface dataset:
Utah Code § 78B-6-1213 — Utah Code / Title 78B / Chapter 78B-6 / § 78B-6-1213
§ 78B-6-1213. Duties and powers of referees -- Procedure.
Status: in_force

(1) In making the partition the referees must divide the property among the respective parties as determined by the court pursuant to the provisions of this part. (2) The referees may designate the portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. (3) In all cases the court shall direct the referees making the partition to: (a) allot the share of each of the parties owning an interest; and (b) locate the share of each cotenant, including, if possible, the improvements made by the cotenant upon the property. (4) The value of the improvements made by tenants in common shall be excluded from the valuation in making allotments if it can be done without material injury to the rights and interests of the other tenants in common. (5) If the action is for partition of a mining claim, the court shall order the division of the claim by the referees not less than 20 nor more than 40 days from the date of the order, except by consent of all the parties in interest who have appeared in the action. (6) On the day designated in the order the referees shall go to the property to be divided and proceed to divide the property. If the division requires more than one day to complete, the referees shall continue from day to day until the division is completed. (7) Two or more of the tenants in common, joint tenants, copartners, or parceners may unite for the purposes of the division. The parties shall give the referees written notice of any unions before the referees begin the division. All who do not unite or give notice of separate action, shall, for the purposes of division, be considered to have united. (8) The referees shall recognize: (a) those named in the court order, their agents and attorneys; (b) a guardian of a minor; and (c) a guardian entitled to the custody and the management of the estate of an incompetent or incapacitated person. (9) At the time and place of division one of the referees shall be selected to conduct the proceedings in the manner of public auction. The privilege of selecting first shall be offered to the party who agrees to take the smallest portion of the claim in proportion to that party's interest in the claim. Once the bids are closed, the referees shall measure and mark off, by distinct metes and bounds, the portion of the claim designated by the lowest bidder. (10) Once the referees have marked off and set apart the interest of the lowest bidder, they shall offer to the remaining parties the privilege of selection as provided, and shall upon closing the bids, proceed in the same manner to locate and mark off the portion of the lowest bidder. (11) The bidding shall continue and the interest of the lowest bidder marked off until only one party in interest remains. The party remaining shall become the owner of the remainder of the claim not marked off and set apart for the other parties.
Utah Code § 31A-40-212 — Utah Code / Title 31A / Chapter 31A-40 / § 31A-40-212
§ 31A-40-212. Determination of joint employers -- Franchisors excluded.
Status: in_force

(1) (a) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule. (b) Nothing in this Subsection (1) prohibits the commissioner, in making policy decisions and taking enforcement action, from applying an administrative ruling or opinion issued by the United States Department of Labor that decides or opines on whether an employee welfare benefit plan is established and maintained for a single employer, multiple employer, or co-employer under the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq. (2) (a) For purposes of this chapter, a franchisor is not considered to be an employer of: (i) a franchisee; or (ii) a franchisee's employee. (b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (2) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Utah Code § 63A-14-203 — Utah Code / Title 63A / Chapter 63A-14 / § 63A-14-203
§ 63A-14-203. Independent Executive Branch Ethics Commission -- Meetings -- Annual summary report -- Staff -- Legal counsel -- Supplemental appropriations.
Status: in_force

(1) The commission shall meet for the purpose of reviewing an ethics complaint when: (a) except as otherwise expressly provided in this chapter, called to meet at the discretion of the chair; or (b) called to meet by a majority vote of the commission. (2) (a) A majority of the commission is a quorum. (b) A majority vote of a quorum present constitutes the action of the commission. (3) (a) The commission shall prepare an annual summary data report that contains: (i) a general description of the activities of the commission during the past year; (ii) the number of ethics complaints filed with the commission; (iii) the number of ethics complaints reviewed by the commission; (iv) a summary description of ethics complaints that formed the basis for a commission finding that an allegation in a complaint has merit; and (v) an accounting of the commission's budget and expenditures. (b) The commission shall submit the summary data report to the governor before December 1 each year. (c) The summary data report is a public record. (4) The commission: (a) shall employ a director to provide administrative support to the commission and to assist the commission in fulfilling the commission's duties; (b) may employ additional staff, to work under the direction of the director; (c) shall contract with private legal counsel to provide legal services to the commission, as needed; and (d) may, in consultation with the Office of the Legislative Fiscal Analyst, request supplemental appropriations to pay the costs of legal fees and other staffing needs that exceed the commission's budget due to the number or complexity of the ethics complaints filed with or considered by the commission in a fiscal year. (5) (a) Except as provided in Subsection (5)(b), staff for the commission may not perform services for any other person in state government. (b) A person employed as staff for the commission may be the same person employed as staff for the Independent Legislative Ethics Commission, if the staff ensures that proper protections are in place to preserve the confidentiality to both bodies and to avoid a conflict of interest. (6) Except as expressly otherwise provided in this chapter, all meetings held under this chapter are closed to the public.
Utah Code § 26B-2-801 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-801
§ 26B-2-801. Definitions for part.
Status: in_force

As used in this part: (1) "Adult" means an individual who is: (a) at least 18 years old; or (b) under 18 years old and is emancipated. (2) "APRN" means an individual who is: (a) certified or licensed as an advanced practice registered nurse under Subsection 58-31b-301(2); (b) an independent practitioner; and (c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. (3) "Capacity" means the same as that term is defined in Section 75A-9-101. (4) "Emergency medical services provider" means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act. (5) "Health care" means the same as that term is defined in Section 75A-9-101. (6) "Health care provider" means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. (7) (a) "Life sustaining care" means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. (b) "Life sustaining care" does not include care provided for the purpose of keeping an individual comfortable. (8) "Minor" means an individual who: (a) is under 18 years old; and (b) is not emancipated. (9) "Order for life sustaining treatment" means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section 26B-2-802, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates. (10) "Parent" means the same as that term is defined in Section 75-1-201. (11) "Physician" means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. (12) "Physician assistant" means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. (13) "Sign" means the same as that term is defined in Section 75-1-201. (14) "Substituted judgment" means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider: (a) specific preferences expressed by the adult: (i) when the adult had the capacity to make health care decisions; and (ii) at the time the decision is being made; (b) the surrogate's understanding of the adult's health care preferences; (c) the surrogate's understanding of what the adult would have wanted under the circumstances; and (d) to the extent that the preferences described in Subsections (14)(a) through (c) are unknown, the best interest of the adult. (15) "Surrogate" means the same as that term is defined in Section 75A-9-101.
Utah Code § 78B-6-805 — Utah Code / Title 78B / Chapter 78B-6 / § 78B-6-805
§ 78B-6-805. Notice -- How served.
Status: in_force

(1) A notice required by this part may be served: (a) by delivering a copy to the tenant personally or, if the tenant is a commercial tenant, by delivering a copy to the commercial tenant's usual place of business by leaving a copy of the notice with a person of suitable age and discretion; (b) by sending a copy through registered mail, certified mail, or an equivalent means, addressed to the tenant at the tenant's residence, leased property, or usual place of business; (c) if the tenant is absent from the residence, leased property, or usual place of business, by leaving a copy with a person of suitable age and discretion at the tenant's residence, leased property, or usual place of business; (d) if a person of suitable age or discretion cannot be found at the place of residence, leased property, or usual place of business, then by affixing a copy in a conspicuous place on the leased property; or (e) if an order of abatement by eviction of the nuisance is issued by the court as provided in Section 78B-6a-303, when issued, the parties present shall be on notice that the abatement by eviction order is issued and immediately effective or as to any absent party, notice shall be given as provided in Subsections (1)(a) through (d). (2) Service upon a subtenant may be made in the same manner as provided in Subsection (1).
Utah Code § 65A-1-6 — Utah Code / Title 65A / Chapter 65A-1 / § 65A-1-6
§ 65A-1-6. Witnesses -- Subpoena and oaths.
Status: in_force

(1) The director may issue subpoenas to compel the attendance of witnesses and the production of documents in adjudicative proceedings authorized by law. (2) The director may administer oaths in the performance of the council's or division's official duties.
Utah Code § 63N-16-103 — Utah Code / Title 63N / Chapter 63N-16 / § 63N-16-103
§ 63N-16-103. Creation of regulatory relief office and appointment of director -- Responsibilities of regulatory relief office.
Status: in_force

(1) There is created within the Governor's Office of Economic Opportunity the Utah Office of Regulatory Relief. (2) (a) The regulatory relief office shall be administered by a director. (b) The director shall report to the executive director or the executive director's designee and may appoint staff subject to the approval of the executive director. (3) The regulatory relief office shall: (a) administer the provisions of this chapter; (b) administer the regulatory sandbox program; and (c) act as a liaison between private businesses and applicable agencies to identify state laws or regulations that could potentially be waived or suspended under the regulatory sandbox program, or amended. (4) The regulatory relief office may: (a) propose potential reciprocity agreements between states that use or are proposing to use similar programs to the regulatory sandbox; and (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the provisions of this chapter, make rules regarding: (i) administering the regulatory sandbox, including making rules regarding the application process and the reporting requirements of sandbox participants; and (ii) cooperating and consulting with other agencies in the state that administer sandbox programs.
Utah Code § 31A-35-301 — Utah Code / Title 31A / Chapter 31A-35 / § 31A-35-301
§ 31A-35-301. The commissioner's authority.
Status: in_force

(1) The commissioner shall: (a) make rules as necessary for the administration of this chapter; (b) with information as provided by the board, issue or deny licensure under this chapter; (c) take action regarding a license, including suspension or revocation; and (d) maintain and publish a current list of licensed bail bond agencies and bail bond producers. (2) The commissioner may establish fees for the issuance, renewal, and reinstatement of a bail bond agency license in accordance with Section 63J-1-504.
Utah Code § 70A-8-114 — Utah Code / Title 70A / Chapter 70A-8 / § 70A-8-114
§ 70A-8-114. Securities intermediary and others not liable to adverse claimant.
Status: in_force

A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee: (1) took the action after it had been served with an injunction, restraining order, or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or (2) acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or (3) in the case of a security certificate that has been stolen, acted with notice of the adverse claim.
Utah Code § 78B-6-850 — Utah Code / Title 78B / Chapter 78B-6 / § 78B-6-850
§ 78B-6-850. Definitions.
Status: in_force

As used in this part: (1) "Agency" means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. (2) "Eviction" means a cause of action for unlawful detainer under Part 8, Forcible Entry and Detainer. (3) "Expunge" means to seal or otherwise restrict access to records held by a court or an agency. (4) "Petitioner" means any person petitioning for expungement of an eviction under this part. (5) (a) "Tenant screening agency" means a person that, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information for the purpose of furnishing a tenant screening report. (b) "Tenant screening agency" does not include an owner as defined in Section 78B-6-801. (6) "Tenant screening report" means any written, oral, or other communication prepared by a tenant screening agency that includes information about an individual's rental history for the purpose of serving as a factor in establishing the individual's eligibility for housing. (7) "Unlawful detainer" means the same as that term is defined in Section 78B-6-801.
Utah Code § 34A-6-110 — Utah Code / Title 34A / Chapter 34A-6 / § 34A-6-110
§ 34A-6-110. Requirements of other laws not limited or repealed -- Worker's compensation or rights under other laws with respect to employment injuries not affected.
Status: in_force

(1) Nothing in this chapter is deemed to limit or repeal requirements imposed by statute or otherwise recognized by law. (2) Nothing in this chapter shall be construed or held to supersede or in any manner affect workers' compensation or enlarge or diminish or affect the common-law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, occupational or other diseases, or death of employees arising out of, or in the course of employment.
Utah Code § 53H-11-405 — Utah Code / Title 53H / Chapter 53H-11 / § 53H-11-405
§ 53H-11-405. Nonresident tuition scholarships.
Status: in_force

(1) In addition to the scholarships authorized under Section 53H-11-406, the board may grant scholarships for a waiver of the nonresident portion of total tuition charged by institutions of higher education to nonresident students, subject to the limitations provided in this section, if the board determines that the scholarships will: (a) assist in maintaining an adequate level of service and related cost-effectiveness of auxiliary operations in institutions of higher education; (b) promote enrollment of nonresident students with high academic aptitudes; and (c) provide for an effective transition to meet the requirements of Section 53H-11-202. (2) The board shall establish policy guidelines for the administration by institutions of higher education of scholarships authorized under Subsection (1), for evaluating applicants for those scholarships, and for reporting the results of the scholarship program authorized under Subsection (1). (3) The policy guidelines promulgated by the board under Subsection (2) shall include the following provisions: (a) a maximum of 675 of the approved scholarships may be up to 100% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction; (b) 225 of the approved scholarships may not be at a level of more than 50% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction; (c) a nonresident scholarship may be awarded initially only to a nonresident student who has not previously been enrolled in a college or university in Utah and who has enrolled full time for 10 or more credit hours; (d) the total number of nonresident scholarships granted under Subsection (1) may not exceed a total of 900 such scholarships in effect at any one time; (e) the board shall determine eligibility for nonresident scholarships on the basis of program availability at an institution and appropriate academic credentials, using quantifiable measurements such as grade point averages and results of test scores; and (f) a nonresident student who receives a scholarship of greater than 50% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction may not be counted against the funded target for the institution attended. (4) The board shall submit an annual report and financial analysis of the effects of offering nonresident tuition scholarships authorized under this section to the Legislature as part of its budget recommendations for the system of higher education. (5) This section applies to tuition scholarships and not the individual admission standards of higher education.
Utah Code § 53G-4-503 — Utah Code / Title 53G / Chapter 53G-4 / § 53G-4-503
§ 53G-4-503. Boards of education authorized to become members of association.
Status: in_force

The state board, local school boards, and their agencies may become members of the Utah School Boards Association and cooperate with the association and its members on activities and problems relating to the state's educational system.
Utah Code § 17B-1-1301 — Utah Code / Title 17B / Chapter 17B-1 / § 17B-1-1301
§ 17B-1-1301. Definitions.
Status: in_force

For purposes of this part: (1) "Active" means, with respect to a special district, that the district is not inactive. (2) "Administrative body" means: (a) if the special district proposed to be dissolved has a duly constituted board of trustees in sufficient numbers to form a quorum, the board of trustees; or (b) except as provided in Subsection (2)(a): (i) for a special district located entirely within a single municipality, the legislative body of that municipality; (ii) for a special district located in multiple municipalities within the same county or at least partly within the unincorporated area of a county, the legislative body of that county; or (iii) for a special district located within multiple counties, the legislative body of the county whose boundaries include more of the special district than is included within the boundaries of any other county. (3) "Clerk" means: (a) the board of trustees if the board is also the administrative body under Subsection (2)(a); (b) the clerk or recorder of the municipality whose legislative body is the administrative body under Subsection (2)(b)(i); or (c) the clerk of the county whose legislative body is the administrative body under Subsection (2)(b)(ii) or (iii). (4) "Inactive" means, with respect to a special district, that during the preceding three years the district has not: (a) provided any service or otherwise operated; (b) received property taxes or user or other fees; and (c) expended any funds. (5) "Registered voter petition" means petition under Subsection 17B-1-1303(1)(a)(ii)(B) or 17B-1-1303(2)(c)(ii).
Utah Code § 35A-6-105 — Utah Code / Title 35A / Chapter 35A-6 / § 35A-6-105
§ 35A-6-105. Commissioner of apprenticeship programs.
Status: in_force

(1) There is created the position of commissioner of apprenticeship programs within the department. (2) The commissioner shall be appointed by the executive director and chosen from one or more recommendations provided by a majority vote of the State Workforce Development Board. (3) The commissioner may be terminated without cause by the executive director. (4) The commissioner shall: (a) promote and educate the public, including high school guidance counselors and potential participants in apprenticeship programs, about apprenticeship programs, youth apprenticeship, and pre-apprenticeship programs offered in the state, including apprenticeship, youth apprenticeship, and pre-apprenticeship programs offered by private sector businesses, trade groups, labor unions, partnerships with educational institutions, and other associations in the state; (b) coordinate with the department and other stakeholders, including union and nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education, the Utah System of Higher Education, the Department of Commerce, the Division of Professional Licensing, and the Governor's Office of Economic Development to improve and promote apprenticeship opportunities in the state; and (c) provide an annual written report to: (i) the department for inclusion in the department's annual written report described in Section 35A-1-109; (ii) the Economic and Community Development Appropriations Subcommittee; and (iii) the Higher Education Appropriations Subcommittee. (5) The annual written report described in Subsection (4)(c) shall provide information concerning: (a) the number of available apprenticeship, youth apprenticeship, and pre-apprenticeship programs in the state; (b) the number of apprentice participants in each program; (c) the completion rate of each program; (d) the cost of state funding for each program; and (e) recommendations for improving apprenticeship, youth apprenticeship, and pre-apprenticeship programs.