Terms Used In Delaware Code > Title 20 > Chapter 1 - Delaware National Guard

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• Affordable Care Act: means the Patient Protection and Affordable Care Act, 42 U. See Delaware Code Title 18 Sec. 8701
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means any payment required to be made under § 8703 of this title. See Delaware Code Title 18 Sec. 8701
• Authority: means the State, any political subdivision thereof, or any board, commission, public agency or instrumentality thereof, which operates or takes over the operation of any mass transportation system within this State. See Delaware Code Title 19 Sec. 801
• Authorized individual: means an individual to whom a licensee gave authorization to access and use nonpublic information that the licensee and the licensee's information system holds. See Delaware Code Title 18 Sec. 8603
• 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.
• Bankruptcy: means an event that causes a person to cease to be a member as provided in § 18-304 of this title. See Delaware Code Title 6 Sec. 18-101
• 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}
• Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 101
• Board: means the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1797
• Carrier: means any entity that provides health insurance in this State. See Delaware Code Title 18 Sec. 8701
• CGAD: shall mean a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter. See Delaware Code Title 18 Sec. 8503
• Chambers: A judge's office.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Commissioner: means the Insurance Commissioner of the State of Delaware. See Delaware Code Title 18 Sec. 8603
• Commissioner: means the Insurance Commissioner of the State of Delaware. See Delaware Code Title 18 Sec. 8701
• Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2201
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means an individual, including an applicant, policyholder, insured, beneficiary, claimant, and certificate holder, who is a resident of this State and whose nonpublic information is in a licensee's possession, custody, or control. See Delaware Code Title 18 Sec. 8603
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the Acupuncture Advisory Council. See Delaware Code Title 24 Sec. 1797
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Cybersecurity event: means an event resulting in unauthorized access to, disruption of, or misuse of an information system or nonpublic information stored on an information system. See Delaware Code Title 18 Sec. 8603
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Insurance. See Delaware Code Title 18 Sec. 8603
• Department: means the Delaware Department of Insurance. See Delaware Code Title 18 Sec. 8701
• Department: means the Department of Labor. See Delaware Code Title 19 Sec. 101
• Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 19 Sec. 901
• Department of Labor: means the Department of Labor of the State. See Delaware Code Title 19 Sec. 502
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• Donor: The person who makes a gift.
• Eastern medicine: means the practice of acupuncture, Chinese herbology and Asian bodywork therapy as part of a comprehensive health-care system encompassing a variety of traditional health-care therapies that have been used for more than 3,000 years to diagnose and treat illness, prevent disease and improve well-being. See Delaware Code Title 24 Sec. 1797
• Employee: includes any individual employed by an employer but shall not include:

  a. See Delaware Code Title 19 Sec. 901

• Employer: includes any person, excepting those provided for in subsection (b) of this section, acting directly or indirectly in the interest of any employer in relation to any employee but shall not include the United States or the State or any political subdivision thereof. See Delaware Code Title 19 Sec. 101
• Employer: includes any individual, partnership, association, corporation, statutory trust, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Delaware Code Title 19 Sec. 901
• employment: means to suffer or permit to work, but does not include:

  a. See Delaware Code Title 19 Sec. 502

• Encrypted: means the transformation of data into a form which results in a low probability of assigning meaning without the use of a protective process or key. See Delaware Code Title 18 Sec. 8603
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gratuities: means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered. See Delaware Code Title 19 Sec. 901
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous occupation: means an occupation declared to be dangerous by this chapter, by the Secretary of Labor of the State or by the Secretary of Labor of the United States pursuant to the provisions of the Fair Labor Standards Act [29 U. See Delaware Code Title 19 Sec. 502
• 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.
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Information security program: means the administrative, technical, and physical safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic information. See Delaware Code Title 18 Sec. 8603
• Information system: means a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of electronic information, and a specialized system such as an industrial or process controls system, telephone switching and private branch exchange system, or environmental control system. See Delaware Code Title 18 Sec. 8603
• Insurer: includes an insurer, health service corporation, managed care organization, or health maintenance organization licensed under this title. See Delaware Code Title 18 Sec. 8603
• 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}
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• 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}
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• License: means , unless the context requires otherwise, a license issued by the Board to practice acupuncture. See Delaware Code Title 24 Sec. 1797
• Licensee: means a person who is licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered, under the insurance laws of this State. See Delaware Code Title 18 Sec. 8603
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mass transportation system: means transportation of the public by bus, rail or any other means of conveyance serving the general public and moving under prescribed routes. See Delaware Code Title 19 Sec. 801
• Minor: means a person under the age of 18 years;

  (5) "Secretary" means the Secretary of Labor for the State or the Secretary's authorized representative. See Delaware Code Title 19 Sec. 502

• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Multi-factor authentication: means authentication through verification of at least 2 of the following types of authentication factors:

  a. See Delaware Code Title 18 Sec. 8603

• National Defense Act: means an act of Congress, entitled, "An Act for making further and more effectual provisions for the national defense, and for other purposes" approved by the President, June 3, 1916, and any and all acts amendatory and supplementary thereto. See Delaware Code Title 20 Sec. 102
• Nonpublic information: means electronic information that is not publicly-available information and is at least 1 of the following:

  a. See Delaware Code Title 18 Sec. 8603

• 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.
• Occupation: means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed. See Delaware Code Title 19 Sec. 901
• Oversight: Committee review of the activities of a Federal agency or program.
• 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 as defined in § 102 of this title. See Delaware Code Title 18 Sec. 8603
• Person: means an individual, partnership, association, corporation, statutory trust, business trust, legal representative or any organized group of persons. See Delaware Code Title 19 Sec. 101
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• Person: means an individual, corporation, partnership or any other business entity or group or combination of individuals however organized. See Delaware Code Title 5 Sec. 2201
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Practice of acupuncture: means the use of needles with or without electrical stimulation for the purpose of normalizing energetic physiological functions including pain control, and for the promotion, maintenance, and restoration of health. See Delaware Code Title 24 Sec. 1797
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means the Delaware Health Insurance Individual Market Stabilization Reinsurance Program created by § 9903(g) of Title 16. See Delaware Code Title 18 Sec. 8701
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publicly-available information: means information that a licensee has a reasonable basis to believe is lawfully made available to the general public, including any of the following:

  1. See Delaware Code Title 18 Sec. 8603

• Quorum: The number of legislators that must be present to do business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Respiratory care: means the allied health profession, under the direction of a person certified to practice medicine, which is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. See Delaware Code Title 24 Sec. 1776
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Risk assessment: means the action that a licensee is required to take under § 8604(c) of this title. See Delaware Code Title 18 Sec. 8603
• Secretary of Labor: shall mean the Secretary of Labor or the Secretary's authorized designee, provided, that any such delegation of authority is consistent with Chapter 85 of Title 29. See Delaware Code Title 19 Sec. 101
• Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
• 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: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• 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
• Substitute notice: means all of the following:

  A. See Delaware Code Title 18 Sec. 8603

• 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.
• Third-party service provider: means a person who is not a licensee and who contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through the person's provision of services to the licensee. See Delaware Code Title 18 Sec. 8603
• 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.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unit: shall mean any part of the Delaware National Guard designated a "unit" by order of the Adjutant General. See Delaware Code Title 20 Sec. 102
• Verdict: The decision of a petit jury or a judge.
• Wage: means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by the regulations of the Department under this chapter. See Delaware Code Title 19 Sec. 901