36-35-101. Definitions.

478 words·~2 min read·/ut/title-36/chapter-35/36-35-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

(1)"Abuse of authority" means an arbitrary or capricious exercise of power that:

(a)adversely affects the employment rights of another; or

(b)results in personal gain to the person exercising the authority or to another person.

(2)"Agency" means the same as that term is defined in Section 63G-3-102 .

(3)"Agency rule" means the same as the term "rule" is defined in Section 63G-3-101 .

(4)"Committee" means the General Oversight Committee.

(5)"Court Rule" means any of the following, whether existing, new, or proposed:

(a)rules of procedure, evidence, or practice for use of the courts of this state;

(b)rules governing and managing the appellate process adopted by the Supreme Court; or

(c)rules adopted by the Judicial Council for the administration of the courts of the state.

(6)"Gross mismanagement" means action or failure to act by a person, with respect to a person's responsibility, that causes significant harm or risk of harm to the mission of the public entity or public body that employs, or is managed or controlled by, the person.

(7)"Judicial advisory committee" means the committee that proposes to the Supreme Court rules or changes in court rules related to:

(a)civil procedure;

(b)criminal procedure;

(c)juvenile procedure;

(d)appellate procedure;

(e)evidence;

(f)professional conduct; and

(g)the subject matter focus of any other committee that the Supreme Court establishes to propose rules or changes in court rules to the Supreme Court.

(8)"Judicial council" means the administrative body of the courts, established in Utah Constitution, Article VIII, Section 12, and Section 78A-2-104 .

(9)"Legislative issue" means any issue that could impact or inform legislation or potential legislation.

(10)"Matter subject to litigation" means any issue that is directly or indirectly:

(a)being litigated in a court; or

(b)likely to be litigated in a court.

(11)"Office" means the same as that term is defined in Section 63G-3-102 .

(12)"Proposal for court rule" means the proposed language in a court rule that is submitted to:

(a)the Judicial Council;

(b)the advisory committee; or

(c)the Supreme Court.

(13)"Rule" means an agency rule or a court rule.

(14)"Unethical conduct" means conduct that violates a provision of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.

(15)"Whistleblower complaint" means a complaint by a current or former agency employee that alleges the employee's employer or former employer is:

(a)wasting or misusing public funds, property, or manpower;

(b)violating or may be violating a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or any recognized entity of the United States; or

(c)engaging in:

(i)gross mismanagement;

(ii)abuse of authority; or

(iii)unethical conduct.

Amended by Chapter 484 , 2026 General Session