Terms Used In Delaware Code > Title 16 > Chapter 30F - Animal Welfare

• 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.
• Agent: shall mean any person authorized by the State to purchase and affix tax stamps on packages of cigarettes. See Delaware Code Title 16 Sec. 7116
• 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.
• Animal shelter: means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and is operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See Delaware Code Title 16 Sec. 3041F
• Animal welfare officer: means an individual employed by the Department or employed by an independent contractor of the Department or by a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances. See Delaware Code Title 16 Sec. 3041F
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• 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: means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as hereinafter set forth. See Delaware Code Title 16 Sec. 7306
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 Control Level RBC: means the number determined under the risk-based capital formula in accordance with the RBC Instructions;

  d. See Delaware Code Title 18 Sec. 5801

• Authorized insurer: means an insurer that is authorized by the Department to write insurance under a certificate of authority issued by the Department to transact insurance in Delaware. See Delaware Code Title 18 Sec. 4153
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Cigarette: means :

  a. See Delaware Code Title 16 Sec. 7116

• Commissioner: means the Insurance Commissioner of the State of Delaware. See Delaware Code Title 18 Sec. 4153
• Company Action Level RBC: means , with respect to any insurer, the product of 2. See Delaware Code Title 18 Sec. 5801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• 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 order: means an order issued by the Commissioner specifying corrective actions which the Commissioner has determined are required. See Delaware Code Title 18 Sec. 5801
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3041F
• Department: means the Delaware Department of Insurance. See Delaware Code Title 18 Sec. 4153
• Dependent: A person dependent for support upon another.
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribute: shall mean to issue, give, transfer or otherwise dispose of. See Delaware Code Title 16 Sec. 7102
• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• Docket: A log containing brief entries of court proceedings.
• Dog: means any dog or dog hybrid. See Delaware Code Title 16 Sec. 3041F
• Domestic insurer: means any insurance company domiciled in this State, except insurers not doing business with citizens or residents of the United States or organized or located within the United States. See Delaware Code Title 18 Sec. 5801
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Explosive materials: means explosives, blasting agents and detonators as follows:

  a. See Delaware Code Title 16 Sec. 7102

• Explosive-actuated devices: shall mean any tool or special mechanized device which is actuated by explosives, other than smokeless propellants. See Delaware Code Title 16 Sec. 7102
• Explosives: means any chemical compound mixture or device the primary or common purpose of which is to function by explosion. See Delaware Code Title 16 Sec. 7102
• Fiduciary: A trustee, executor, or administrator.
• fireworks: as used in this chapter , includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any caps or tablets or other device containing any explosive substance. See Delaware Code Title 16 Sec. 6901
• 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.
• Fugitive from justice: shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. See Delaware Code Title 16 Sec. 7102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Ionizing radiation: means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared or ultraviolet light. See Delaware Code Title 16 Sec. 7403
• Issuing authorities: shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate. See Delaware Code Title 16 Sec. 7102
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• liquefied petroleum gas: as used in this chapter means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane and isobutane) and butylenes. See Delaware Code Title 16 Sec. 7201
• Listed: means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by any 1 of the following nationally recognized testing or inspection agencies: Underwriters Laboratories, Inc. See Delaware Code Title 16 Sec. 7306
• Mandatory Control Level RBC: means the product of . See Delaware Code Title 18 Sec. 5801
• Manufacturer: shall mean :

  a. See Delaware Code Title 16 Sec. 7116

• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NAIC: means the National Association of Insurance Commissioners. See Delaware Code Title 18 Sec. 5801
• Negative trend: means , with respect to a life and/or health insurer, negative trend over a period of time, as determined in accordance with the Trend Test Calculation included in the RBC Instructions. See Delaware Code Title 18 Sec. 5801
• NFIP: means the program of flood insurance coverage and floodplain management administered under the National Flood Insurance Act of 1968 (42 U. See Delaware Code Title 18 Sec. 4153
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oil: means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene. See Delaware Code Title 16 Sec. 7306
• Oversight: Committee review of the activities of a Federal agency or program.
• owner: as used in this chapter means any person who holds a written bill of sale under which title or ownership to a container was transferred to such person or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale. See Delaware Code Title 16 Sec. 7201
• Owner: means any person who owns, keeps, harbors, or is the custodian of a dog. See Delaware Code Title 16 Sec. 3041F
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, corporation, company, association, firm, partnership, society or joint stock company. See Delaware Code Title 16 Sec. 7102
• person: as used in this chapter means any person, firm or corporation. See Delaware Code Title 16 Sec. 7201
• Personal property: All property that is not real property.
• Portable oil-fueled heater: means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from 1 location to another. See Delaware Code Title 16 Sec. 7306
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Primary enclosure: means any structure used or designed for use to restrict a dog to a limited amount of space, including a room, pen, cage, compartment, or hutch. See Delaware Code Title 16 Sec. 3041F
• Primary residential flood insurance: means an insurance policy covering losses from flood to residential property, other than commercial property, written in Delaware by any insurer authorized to do business that is not written to apply coverage in excess of the coverage provided under another flood insurance policy, whether issued by a private insurer or the National Flood Insurance Program. See Delaware Code Title 18 Sec. 4153
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Propellant-actuated power devices or tools: shall mean any tool or special mechanized device or gas generator system which is actuated by smokeless propellant or which releases and directs work through a smokeless propellant charge. See Delaware Code Title 16 Sec. 7102
• Property and casualty insurer: means any insurance company licensed under § 516 of this title, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. See Delaware Code Title 18 Sec. 5801
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quality control and quality assurance program: shall mean the laboratory procedures implemented to ensure that operator bias systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing. See Delaware Code Title 16 Sec. 7116
• Quorum: The number of legislators that must be present to do business.
• Radioactive material: means any material (solid, liquid or gas) which emits ionizing radiation spontaneously. See Delaware Code Title 16 Sec. 7403
• RBC instructions: means the RBC report including risk-based capital instructions adopted by the NAIC; as such, RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Delaware Code Title 18 Sec. 5801
• RBC plan: means a comprehensive financial plan containing the elements specified in § 5803(b) of this title. See Delaware Code Title 18 Sec. 5801
• RBC report: means the report required in § 5802 of this title. See Delaware Code Title 18 Sec. 5801
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Regulatory Action Level RBC: means the product of 1. See Delaware Code Title 18 Sec. 5801
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Repeatability: shall mean the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See Delaware Code Title 16 Sec. 7116
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail dealer: shall mean any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products. See Delaware Code Title 16 Sec. 7116
• Retail dog outlet: means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. See Delaware Code Title 16 Sec. 3041F
• Sale: means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever. See Delaware Code Title 16 Sec. 7116
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Sell: shall mean to sell or to offer or agree to do the same. See Delaware Code Title 16 Sec. 7116
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State Fire Marshal: shall mean the Delaware State Fire Marshal or the State Fire Marshal's deputies. See Delaware Code Title 16 Sec. 7116
• Structure: means any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes. See Delaware Code Title 16 Sec. 7306
• Subpoena: A command to a witness to appear and give testimony.
• subsidiaries: shall include , in addition to those such corporations where the insurer owns a majority of their stock, those corporations formed or acquired by an insurer where it owns less than a majority of such corporation's voting stock due to the laws of a foreign national which require the insurer to own less than a majority of the voting stock of such subsidiary insurance corporation if it is to operate in that nation. See Delaware Code Title 18 Sec. 1313
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total adjusted capital: means the sum of:

  a. See Delaware Code Title 18 Sec. 5801

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Wholesale dealer: shall mean any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains 1 or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person. See Delaware Code Title 16 Sec. 7116
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302