63G-10-102 - Definitions.
63G-10-102. Definitions.
As used in this chapter:
(1) (a) "Action settlement agreement" includes a stipulation, consent decree, settlementagreement, or any other legally binding document or representation that resolves a threatened orpending lawsuit between the state and another party by requiring the state to take legally bindingaction.
(b) "Action settlement agreement" includes stipulations, consent decrees, settlementagreements, and other legally binding documents or representations resolving a dispute betweenthe state and another party when the state is required to pay money and required to take legallybinding action.
(c) "Action settlement agreement" does not include:
(i) the internal process established by the Department of Transportation to resolveconstruction contract claims;
(ii) any resolution of an employment dispute or claim made by an employee of the stateof Utah against the state as employer;
(iii) adjudicative orders issued by the State Tax Commission, the Public ServiceCommission, the Labor Commission, or the Department of Workforce Services; or
(iv) the settlement of disputes arising from audits, defaults, or breaches of permits,contracts of sale, easements, or leases by the School and Institutional Trust LandsAdministration.
(2) (a) "Agency" means each department, commission, board, council, agency,institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" includes the legislative branch, the judicial branch, the attorney general'soffice, the State Office of Education, the Board of Regents, the institutional councils of eachhigher education institution, and each higher education institution.
(3) (a) "Financial settlement agreement" includes a stipulation, consent decree,settlement agreement, and any other legally binding document or representation that resolves adispute between the state and another party exclusively by requiring the payment of money fromone party to the other.
(b) "Financial settlement agreement" does not include:
(i) agreements made under the internal process established by the Department ofTransportation to resolve construction contract claims;
(ii) adjudicative orders issued by the State Tax Commission, Public ServiceCommission, Labor Commission, or the Department of Workforce Services;
(iii) the settlement of disputes arising from audits, defaults, or breaches of permits,contracts of sale, easements, or leases by the School and Institutional Trust LandsAdministration; or
(iv) agreements made under the internal processes established by the Division ofFacilities Construction and Management or by law to resolve construction contract claims madeagainst the state by contractors or subcontractors.
(4) "Government entities" means the state and its political subdivisions.
Renumbered and Amended by Chapter 382, 2008 General Session