Terms Used In South Carolina Code > Title 4 > Chapter 3 - Boundaries of Existing Counties

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• accident: as used in this title must not be construed to mean a series of events in employment, of a similar or like nature, occurring regularly, continuously, or at frequent intervals in the course of such employment, over extended periods of time. See South Carolina Code 42-1-160
• Accumulated deficit: means the amount that the association's and the fund's liabilities exceed their assets, as reported in the association's and fund's respective most recently reported financial statements on June 30, 2019. See South Carolina Code 38-79-110
• Act: means the South Carolina Jobs - Economic Development Fund Act. See South Carolina Code 41-43-20
• Action: means affirmative acts and the failure to take action. See South Carolina Code 38-77-1120
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrative funds: means all monies, received by the authority from the general fund of the State or from the exercise of the power of taxation by the State or any of its political subdivisions which are designated specifically to be used for the payment of administrative expenses, and the earnings on the funds. See South Carolina Code 41-43-20
• Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;
  
  (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
• Administrator: means the South Carolina Secretary of State. See South Carolina Code 39-73-10
• Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;
  
  (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
• Admitted assets: means assets of an insurer considered admitted on the most recent statutory financial statement of the insurer filed with the department pursuant to § 38-13-80. See South Carolina Code 38-1-20
• 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.
• Affiliate: means persons who are affiliates to each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. See South Carolina Code 44-2-20
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means any agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State. See South Carolina Code 41-8-10
• AICPA: means the American Institute of Certified Public Accountants or successor organizations. See South Carolina Code 40-2-20
• Alien captive insurance company: means an insurance company formed to write insurance business for its parents and affiliates and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory standards in a form acceptable to the director on companies transacting the business of insurance in such jurisdiction. See South Carolina Code 38-90-10
• Alien insurer: means an insurer incorporated or organized under the laws of a country other than the United States of America, its states, commonwealths, territories, or insular possessions. See South Carolina Code 38-1-20
• Alteration: means any change made to an existing facility, other than the repair or replacement of damaged, worn, or broken parts necessary for normal maintenance. See South Carolina Code 41-16-20
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means the person filing an application for registration of a mark under this article and the legal representatives, successors, or assigns of that person. See South Carolina Code 39-15-1105
• Appointment: means an individual designated by an official or authorized representative of an authorized insurer to act on its behalf as a producer. See South Carolina Code 38-1-20
• Appraisal: A determination of property value.
• Associate: means any one of the following:
  
  (a) a business organized for profit in which a producer of title business is a director, officer, partner, employee, or owner of one percent or more of the equity capital thereof;
  
  (b) an employee of a producer of title business;
  
  (c) a franchisor or franchisee of a producer of title business;
  
  (d) a spouse, parent, or child of a producer of title business;
  
  (e) a person, other than an individual, that controls, is controlled by, or is under common control with, a producer of title business;
  
  (f) a person with whom a producer of title business or any associate of such producer has any agreement, arrangement, or understanding or pursues any course of conduct, the purpose or substantial effect of which is to evade the provisions of this article. See South Carolina Code 38-75-905
• Association: means a legal association of individuals, corporations, limited liability companies, partnerships, political subdivisions, or associations:
  
  (a) the member organizations of which collectively, or which does itself:
  
  (i) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company; or
  
  (ii) have complete voting control over an association captive insurance company organized as a mutual insurer; or
  
  (b) the member organizations of which collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer. See South Carolina Code 38-90-10
• Association: means the South Carolina Wind and Hail Underwriting Association established pursuant to the provisions of this article. See South Carolina Code 38-75-310
• Association: means any joint underwriting association established by the General Assembly in 1987 and managed and operated pursuant to the provisions of this article. See South Carolina Code 38-79-110
• Association: means any joint underwriting association established pursuant to this article. See South Carolina Code 38-81-220
• Association captive insurance company: means a company that insures risks of the member organizations of the association and their affiliated companies. See South Carolina Code 38-90-10
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Authority: means the South Carolina Jobs - Economic Development Authority, which is a state-owned enterprise. See South Carolina Code 41-43-20
• Authorized agency: means :
  
  (1) the South Carolina State Law Enforcement Division, the Department of Public Safety, the sheriff's department of any county of this State, and any duly constituted criminal investigative department or agency of another state of the United States;
  
  (2) the Attorney General of this State, any circuit solicitor of this State, any prosecuting attorney for a county, circuit, or district of another state or of the United States;
  
  (3) the South Carolina Department of Insurance and the South Carolina Department of Consumer Affairs of the Attorney General's Office; and
  
  (4) the United States Department of Justice and its Federal Bureau of Investigation. See South Carolina Code 38-77-1120
• Automobile insurance: means automobile bodily injury and property damage liability insurance, including medical payments and uninsured motorist coverage, and automobile physical damage insurance such as automobile comprehensive physical damage, collision, fire, theft, combined additional coverage, and similar automobile physical damage insurance and economic loss benefits as provided by this chapter written or offered by automobile insurers. See South Carolina Code 38-77-30
• Automobile insurer: means an insurer licensed to do business in South Carolina and authorized to issue automobile insurance policies. See South Carolina Code 38-77-30
• 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.
• Banks: means financial organizations organized, chartered, or holding an authorization certificate and subject to supervision by an agency or official of South Carolina or of the United States and authorized to make loans and receive deposits. See South Carolina Code 41-43-20
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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.
• Bid: means a written or oral offer or proposal by an exhibitor to a distributor in response to an invitation to bid or otherwise stating the terms under which the exhibitor will agree to exhibit a motion picture. See South Carolina Code 39-5-510
• Blind bidding: means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened within the State or in the Film Exchange Center in the State of North Carolina before any such event has occurred. See South Carolina Code 39-5-510
• Board: means the South Carolina Board of Accountancy. See South Carolina Code 40-2-20
• Board of Trade: means a person or group of persons engaged in buying or selling a commodity or receiving it for sale on consignment, whether the person or group of persons is characterized as a board of trade, exchange, or other form of marketplace. See South Carolina Code 39-73-10
• Bodily injury: means actual medically documented costs and medically documentable future costs of adverse health effects that have resulted from exposure to a release of petroleum or petroleum products from an underground storage tank. See South Carolina Code 44-2-20
• Bodily injury: includes death resulting therefrom. See South Carolina Code 38-77-30
• Bonds: means any evidence of indebtedness of the authority in any form including, but not limited to, notes, warrants, bonds, or any similar obligation evidenced in written, printed, or electronic means. See South Carolina Code 41-43-20
• Branch business: means any insurance business transacted by a branch captive insurance company in this State. See South Carolina Code 38-90-10
• Branch captive insurance company: means an alien captive insurance company licensed by the director to transact the business of insurance in this State through a business unit with a principal place of business in this State. See South Carolina Code 38-90-10
• Branch operations: means any business operations of a branch captive insurance company in this State. See South Carolina Code 38-90-10
• Captive insurance company: means a pure captive insurance company, association captive insurance company, sponsored captive insurance company, special purpose captive insurance company, risk retention group, or industrial insured captive insurance company formed or licensed under this chapter. See South Carolina Code 38-90-10
• Casualty insurance: means each insurance against legal liability of the insured for bodily injury to or death of another person, including workers' compensation insurance, and for damages to or loss or destruction of the property of another person; medical payments insurance when written in conjunction with insurance covering liability for the deaths or bodily injuries of another person; guaranteeing the fidelity of a person holding a position of public or private trust; loss of or damage to property caused by burglary, theft, larceny, robbery, fraud, or unlawful taking or secretion of property owned by or entrusted to the insured; loss of or damage to property of the insured resulting from the explosion of or damage to a fired or unfired boiler or other pressure vessel, engine, turbine, compressor, pump, wheel, or an apparatus generating, transmitting, or using electric power, and machinery or equipment connected with any of them; loss resulting from nonpayment of debts owed to merchants or another person extending credit. See South Carolina Code 38-1-20
• Certificate of limited partnership: means the certificate referred to in § 33-42-210, any certificate of limited partnership filed with the office of the Secretary of State in connection with the formation of a limited partnership under any applicable statute of this State prior to the effective date of this chapter, and any such certificate as amended, or restated. See South Carolina Code 33-42-20
• CFTC Rule: means a rule, regulation, or order of the Commodity Futures Trading Commission in effect on the effective date of this chapter and their amendments unless the administrator, within ten days following the effective date of an amendment disallows its application to this chapter by regulation. See South Carolina Code 39-73-10
• Client: means a person or entity that agrees with a licensee or licensee's employer to receive any professional service. See South Carolina Code 40-2-20
• Client records: means those accounting records or other records provided by a client or removed from a client's premises, including hardcopy and electronic reproductions of records, that belong to the client and that were provided to a certified public accountant, public accountant, or accounting practitioner by, or on behalf of, the client. See South Carolina Code 40-2-20
• Coastal area: means :
  
  (a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;
  
  (b) the following areas in Georgetown County: all areas between the Harrell Siau Bridge and the Georgetown-Horry County border which are east of a line paralleling U. See South Carolina Code 38-75-310
• Coinsurance: means a stipulation or requirement that the insured undertakes to be his own insurer to the extent that he fails to maintain insurance of a given percentage of the value of the property against loss or damage. See South Carolina Code 38-1-20
• commerce: shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State. See South Carolina Code 39-5-10
• Commission: means the part of the premium paid to the producer as compensation for his services. See South Carolina Code 38-1-20
• Commission: means the Interstate Advisory Health Care Commission. See South Carolina Code 44-10-30
• Commission: means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. See South Carolina Code 40-1-20
• Committed funds: means that portion of the Superb Account reserved as a result of action by the Department of Health and Environmental Control to approve costs for planned site rehabilitation activities. See South Carolina Code 44-2-20
• Commodity: means , except as otherwise specified by the administrator, an agricultural, a grain, or a livestock product or by-product, a metal or mineral, including a precious metal, a gem, or gemstone whether characterized as precious, semi-precious, or otherwise, a fuel whether liquid, gaseous, or otherwise, a foreign currency, and other goods, articles, products, or items. See South Carolina Code 39-73-10
• Commodity Contract: means an account, an agreement, or a contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. See South Carolina Code 39-73-10
• Commodity Exchange Act: means the act of Congress known as the Commodity Exchange Act, as amended, unless the administrator within ten days following the effective date of an amendment, disallows the application to this chapter by regulation. See South Carolina Code 39-73-10
• Commodity Futures Trading Commission: means the independent regulatory agency established by Congress to administer the Commodity Exchange Act. See South Carolina Code 39-73-10
• Commodity merchant: means any of the following as defined or described in the Commodity Exchange Act or by CFTC Rule:
  
  (a) futures commission merchant;
  
  (b) commodity pool operator;
  
  (c) commodity trading advisor;
  
  (d) introducing broker;
  
  (e) leverage transaction merchant;
  
  (f) an associated person of item (a), (b), (c), (d), or (e);
  
  (g) floor broker;
  
  (h) other person, other than a futures association, required to register with the Commodity Futures Trading Commission. See South Carolina Code 39-73-10
• Commodity option: means an account, an agreement, or a contract giving a party the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or all of the foregoing, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise. See South Carolina Code 39-73-10
• 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.
• Compensation: means billing the Superb Account for costs associated with site rehabilitation after receiving prior approval from the department and in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter. See South Carolina Code 44-2-20
• Compensation: means the payment of money, a thing of value, or a benefit. See South Carolina Code 39-5-720
• Competitive integrated employment: means work in the competitive labor market that is:
  
  (a) performed on a full-time or part-time basis in an integrated setting; and
  
  (b) for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities. See South Carolina Code 41-5-120
• Compilation: means providing a service of any compilation engagement to be performed in accordance with SSARS. See South Carolina Code 40-2-20
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Consideration: means either the payment of money or the provision of a thing of value for the purchase of a product, good, service, or intangible property. See South Carolina Code 39-5-720
• Consumer: means a person using eggs for food and includes restaurants, hotels, cafeterias, hospitals, state institutions, and other establishments serving food to be consumed or produced on the premises but does not include the armed forces or other federal agency or institution. See South Carolina Code 39-39-110
• Continuance: Putting off of a hearing ot trial until a later time.
• Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. See South Carolina Code 33-42-20
• Controlled unaffiliated business: means a person that:
  
  (a) is not an affiliate of a parent company; and
  
  (b) has an existing contractual relationship pursuant to which a parent or affiliated company exercises control of the risk management function of the person. See South Carolina Code 38-90-10
• Corporation: means a county business development corporation created under this chapter;
  
  (2) "Financial institution" means any banking corporation or trust company, building and loan association, insurance company or related corporation, partnership, foundation or other institution engaged primarily in lending or investing funds;
  
  (3) "Member" means any financial institution authorized to do business within this State which shall undertake to lend money to a corporation created under this chapter, upon its call, and in accordance with the provisions of this chapter;
  
  (4) "Board of directors" means the board of directors of the corporation created under this chapter; and
  
  (5) "Loan limit" means, for any member, the maximum amount permitted to be outstanding at one time on loans made by such member to the corporation as determined under the provisions of this chapter. See South Carolina Code 33-39-10
• Court: includes every court and judge having jurisdiction in the case;
  
  (2) "Business" includes every trade, occupation, or profession;
  
  (3) "Bankrupt" includes a bankrupt under the Federal Bankruptcy Act or an insolvent under any state insolvent act;
  
  (4) "Conveyance" includes every assignment, lease, mortgage, or encumbrance;
  
  (5) "Real property" includes land and any interest or estate in land; and
  
  (6) "Registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of this State, registered under § 33-41-1110 and complying with §§ 33-41-1120 and 33-41-1130. See South Carolina Code 33-41-20
• CPA-prepared records: means accounting or other records that a licensee or firm was not specifically engaged to prepare and that are not in a client's books and records or are otherwise not available to the client, which render the client's financial or tax information incomplete. See South Carolina Code 40-2-20
• Current year inflation adjustment factor: means the total gross domestic product deflator in the current year divided by the total gross domestic product deflator in federal fiscal year 2010. See South Carolina Code 44-10-30
• Damages: includes both actual and punitive damages. See South Carolina Code 38-77-30
• Death: means death resulting from an ionizing radiation injury. See South Carolina Code 42-13-10
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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 of South Carolina. See South Carolina Code 38-1-20
• Department: means the South Carolina Division of Labor. See South Carolina Code 41-16-20
• Department: means the Department of Health and Environmental Control. See South Carolina Code 44-2-20
• Department: means the South Carolina Department of Insurance. See South Carolina Code 38-90-10
• Department: means the Department of Labor, Licensing and Regulation. See South Carolina Code 40-2-20
• Department: means the Department of Labor, Licensing and Regulation;
  
  (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
  
  (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
  
  (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;
  
  (8) "Person" means an individual, partnership, or corporation;
  
  (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Dilution: means the lessening of the capacity of a registrant's mark to identify and distinguish goods or services, regardless of the presence or absence of competition between the parties or the likelihood of confusion, mistake, or deception. See South Carolina Code 39-15-1105
• Direct: means the person supervised in the usual line of authority or is in a staff position reporting to the supervisor. See South Carolina Code 40-2-20
• Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the department. See South Carolina Code 38-1-20
• Director: means the Director of the Department of Labor, Licensing and Regulation or the director's designee. See South Carolina Code 41-8-10
• Director: means the Director of the Department of Labor, Licensing and Regulation or his designee or representative. See South Carolina Code 41-16-20
• Director: means the Director of the South Carolina Department of Insurance or the director's designee. See South Carolina Code 38-90-10
• disablement: means the event of an employee's becoming actually incapacitated, partially or totally, because of an occupational disease, from performing his work in the last occupation in which injuriously exposed to the hazards of such disease, "partial disability" means the physical inability to continue work in such occupation only and "total disability" means the physical inability to perform work in any occupation. See South Carolina Code 42-11-20
• Distributor: means a person offering for sale or distributing eggs in this State to a retailer, cafe, restaurant, or other establishment serving eggs to the public or to an institutional user. See South Carolina Code 39-39-110
• Distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing. See South Carolina Code 39-5-510
• Docket: A log containing brief entries of court proceedings.
• Documentary material: shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording, wherever situate. See South Carolina Code 39-5-10
• Donor: The person who makes a gift.
• Dower: A widow
• Dumbwaiter: means a hoisting and lowering mechanism equipped with a car which moves in guides in a substantially vertical direction, when the floor area does not exceed nine square feet and which is used exclusively for carrying materials. See South Carolina Code 41-16-20
• Effective date: means the date upon which this compact shall become effective for purposes of the operation of state and federal law in a member state, which shall be the later of:
  
  (a) the date upon which this compact shall be adopted under the laws of the member state; and
  
  (b) the date upon which this compact receives the consent of the United States Congress pursuant to Article I, Section 10 of the United States Constitution, after it is adopted by at least two member states. See South Carolina Code 44-10-30
• Eggs: means the shell eggs of a domesticated chicken, turkey, duck, goose, or guinea hen. See South Carolina Code 39-39-110
• Electronic files: means data files in a format created by software commonly available to the general public such as Adobe Acrobat, Microsoft Excel or Word, and consumer accounting programs. See South Carolina Code 40-2-20
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Elevator: means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction and which serves two or more floors of a building or structure. See South Carolina Code 41-16-20
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employer: means every person, firm, partnership, association, corporation, receiver, or other officer of a court of this State, the State or any political subdivision thereof, and any agent or officer of the above classes employing any person in this State. See South Carolina Code 41-10-10
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escalator: means a power-driven, inclined, continuous stairway used for raising or lowering passengers. See South Carolina Code 41-16-20
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Essential property insurance: means insurance against direct loss to property as defined and limited in the wind and hail insurance policy and forms approved by the director or his designee; and after January 1, 1995, at the request of the insured, coverage for:
  
  (a) actual loss of business income;
  
  (b) additional living expense; or
  
  (c) fair rental value loss. See South Carolina Code 38-75-310
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• exhibition: means showing a motion picture to the public for a charge. See South Carolina Code 39-5-510
• Exhibitor: means any person engaged in the business of operating one or more theaters. See South Carolina Code 39-5-510
• Experience: means providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills whether gained through employment in government, industry, academia, or public practice. See South Carolina Code 40-2-20
• Facility: means any elevator, dumbwaiter, escalator, moving walk, handicap lift, or manlift subject to regulation under the provisions of this chapter and includes hoistways, rails, guides, and all other related mechanical and electrical equipment. See South Carolina Code 41-16-20
• Facility physical damage rate: means the final rate or premium charge for physical damage coverage which must be established by adding the physical damage loss component developed under § 38-77-596 to the expense component developed under § 38-77-596. See South Carolina Code 38-77-30
• federal act: means Public Law 93-641, known as the National Health Planning and Resources Development Act of 1974 (Titles XV and XVI of the Public Health Services Act). See South Carolina Code 44-5-20
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means a bank, savings institution, or trust company organized under, or supervised pursuant to the laws of the United States or its states. See South Carolina Code 39-73-10
• Financial interest: means any interest, legal or beneficial, that entitles the holder directly or indirectly to one percent or more of the net profits or net worth of the entity in which the interest is held. See South Carolina Code 38-75-905
• Firm: includes a person or persons practicing public accounting in the form of a proprietorship, partnership, limited liability partnership, limited liability company, or professional corporation or association. See South Carolina Code 40-2-20
• Firm ownership: means one hundred percent of the partners, members, managers, shareholders, and equity owners in a firm, which must be owners. See South Carolina Code 40-2-20
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• 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}
• Foreign insurer: means an insurer incorporated or organized under the laws of the United States or of any jurisdiction within the United States other than this State. See South Carolina Code 38-1-20
• Foreign limited partnership: means a partnership formed under the laws of any state other than this State and having as partners one or more general partners and one or more limited partners. See South Carolina Code 33-42-20
• 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}
• Fund: means the funds provided for under this chapter and deposited in the Superb Account or the Superb Financial Responsibility Fund hereinafter created. See South Carolina Code 44-2-20
• Fund: means the Patients' Compensation Fund. See South Carolina Code 38-79-110
• Future deficit: means any deficit accumulated by the association and fund after the most recently reported financial statements as of June 30, 2019. See South Carolina Code 38-79-110
• GAAP: means generally accepted accounting principles. See South Carolina Code 38-90-10
• General account: means the assets and liabilities of a sponsored captive insurance company other than protected cell assets and protected cell liabilities. See South Carolina Code 38-90-10
• General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See South Carolina Code 33-42-20
• 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}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Handicap lift: means a lift whose sole purpose is the transportation of handicapped or disabled individuals. See South Carolina Code 41-16-20
• Health care: means care, services, supplies, or plans related to the health of an individual and includes, but is not limited to:
  
  (a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body; and
  
  (b) sale or dispensing of a drug, device, equipment, or other item pursuant to a prescription; and
  
  (c) an individual or group plan that provides, or pays the cost of care, services, or supplies related to the health of an individual, except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veteran Affairs, or provided to Native Americans. See South Carolina Code 44-10-30
• Home state: means the District of Columbia and a state or territory of the United States in which an insurance producer maintains his principal place of residence or principal place of business and is licensed to act as an insurance producer. See South Carolina Code 38-1-20
• Immune: means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this article unless actual malice on the part of the insurance company or authorized agency against the insured or gross negligence or reckless disregard for his rights is present. See South Carolina Code 38-77-1120
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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.
• Individual private passenger automobile: means the following types of motor vehicles owned by or leased under a long-term contract by an individual or individuals:
  
  (i) motor vehicles of the private passenger type or station wagon type;
  
  (ii) panel trucks, delivery sedans, vehicles with a pickup body, vans, or similar motor vehicles designed for use on streets and highways and so licensed;
  
  (iii) motor homes, so long as the motor vehicles described in (ii) and (iii) are not used in the occupation, profession, or business of the insured other than farming and ranching; and
  
  (iv) motorcycles. See South Carolina Code 38-77-30
• Industrial insured: means an insured as defined in § 38-25-150(8). See South Carolina Code 38-90-10
• Industrial insured captive insurance company: means a company that insures risks of the industrial insureds that comprise the industrial insured group and their affiliated companies. See South Carolina Code 38-90-10
• Industrial insured group: means a group that meets either of the following criteria:
  
  (a) a group of industrial insureds that collectively:
  
  (i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurer or limited liability company; or
  
  (ii) have complete voting control over an industrial insured captive insurance company incorporated as a mutual insurer; or
  
  (b) a risk retention group. See South Carolina Code 38-90-10
• Inspector: means an inspector employed by the department for the purpose of administering this chapter. See South Carolina Code 41-16-20
• Institutional source: means any person or governmental entity that provides information about an individual to an agent, insurer, or insurance-support organization other than:
  
  (a) an agent;
  
  (b) the individual who is the subject of the information; or
  
  (c) a natural person acting in a personal capacity rather than in a business or professional capacity. See South Carolina Code 38-77-30
• Insurable property: means immovable property at fixed locations in coastal areas of the State as that term is defined, or tangible personal property located in it, which property is determined by the association to be in an insurable condition as determined by reasonable underwriting standards, but not to include farm or manufacturing property, or motor vehicles which are eligible to be licensed for highway use. See South Carolina Code 38-75-310
• insurance: includes annuities. See South Carolina Code 38-1-20
• Insurance company: means an "insurer". See South Carolina Code 38-1-20
• Insurance-support organization: means a person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurer or agent for insurance transactions, including: (i) the furnishing of consumer reports or investigative consumer reports to an insurer or agent for use in connection with an insurance transaction; or (ii) the collection of personal information from insurers, agents, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity. See South Carolina Code 38-1-20
• Insurance-support organization: means any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurer or agent for insurance transactions, including (i) the furnishing of consumer reports or investigative consumer reports to an insurer or agent for use in connection with an insurance transaction or (ii) the collection of personal information from insurers, agents, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity. See South Carolina Code 38-77-30
• Insured: means the named insured and, while resident of the same household, the spouse of any named insured and relatives of either, while in a motor vehicle or otherwise, and any person who uses with the consent, expressed or implied, of the named insured the motor vehicle to which the policy applies and a guest in the motor vehicle to which the policy applies or the personal representative of any of the above. See South Carolina Code 38-77-30
• Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Integrated setting: means , with respect to an employment outcome, a setting typically found in the community in which employed individuals with disabilities interact with individuals without disabilities, other than individuals who are providing services to employees with disabilities, to the same extent that individuals without disabilities in comparable positions interact with other people. See South Carolina Code 41-5-120
• 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}
• Intestate: Dying without leaving a will.
• Invitation to bid: means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture. See South Carolina Code 39-5-510
• Ionizing radiation: means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter. See South Carolina Code 42-13-10
• Ionizing radiation injury: means any harmful change in the human organism, including damage to or loss of a prosthetic appliance, arising out of and in the course of employment and caused by exposure to ionizing radiation. See South Carolina Code 42-13-10
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• juristic person: includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law. See South Carolina Code 39-15-1105
• Label: means the display of any printed, graphic, or other method of identification on the shipping container or on the immediate container including, but not limited to, an individual consumer package of eggs. See South Carolina Code 39-39-110
• Legal professional liability insurance: means insurance protection against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of legal service to or representation of any person as the result of negligence or malpractice in rendering or failing to render professional service. See South Carolina Code 38-81-220
• License: means a document issued by the state's director or his designee authorizing a person to act as an insurance producer for the lines of authority specified in the document. See South Carolina Code 38-1-20
• License: means an agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by any agency or political subdivision of this State for the purpose of operating a business in this State, excluding professional licenses, but including employment licenses, articles of organization, articles of incorporation, a certificate of partnership, a partnership registration, a certificate to transact business, or similar forms of authorization issued by the South Carolina Secretary of State, and any transaction privilege tax license. See South Carolina Code 41-8-10
• License: means authorization to practice as issued under this chapter. See South Carolina Code 40-2-20
• License agreement: means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. See South Carolina Code 39-5-510
• Licensed health care providers: means physicians and surgeons, nurses, oral surgeons, dentists, pharmacists, podiatrists, hospitals, nursing homes, or any similar major category of licensed health care providers. See South Carolina Code 38-79-110
• Licensee: means the holder of a license. See South Carolina Code 40-2-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See South Carolina Code 33-42-20
• Manager: means a licensee in responsible charge of an office. See South Carolina Code 40-2-20
• Mandatory spending: Spending (budget authority and outlays) controlled by laws other than annual appropriations acts.
• Manlift: means a device consisting of a power-driven endless belt, provided with steps or platforms and handholds attached to it for the transportation of persons from floor to floor. See South Carolina Code 41-16-20
• Mark: includes a trademark or service mark entitled to registration under this article whether registered or not. See South Carolina Code 39-15-1105
• medical evidence: means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider. See South Carolina Code 42-1-160
• Medical malpractice insurance: means medical professional liability insurance or insurance protection against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering or failing to render professional service by any licensed physician, licensed health care provider, or hospital. See South Carolina Code 38-79-110
• Member organization: means any individual, corporation, limited liability company, partnership, or association that belongs to an association. See South Carolina Code 38-90-10
• Member state: means a state that is a signatory to this compact and has adopted it under the laws of that state. See South Carolina Code 44-10-30
• Member state base funding level: means a number equal to the total federal spending on health care in the member state during federal fiscal year 2010. See South Carolina Code 44-10-30
• Member state current year funding level: means the member state base funding level multiplied by the member state current year population adjustment factor multiplied by the current year inflation adjustment factor. See South Carolina Code 44-10-30
• Member state current year population adjustment factor: means the average population of the member state in the current year less the average population of the member state in federal fiscal year 2010, divided by the average population of the member state in federal fiscal year 2010, plus one. See South Carolina Code 44-10-30
• Modeling organization: means a corporation, unincorporated association, partnership, or individual, whether located within or outside this State, that prepares a catastrophe model that is used by an insurer in a rate filing. See South Carolina Code 38-1-20
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor vehicle: means every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with these vehicles but excepting traction engines, road rollers, farm trailers, tractor cranes, power shovels and well-drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails. See South Carolina Code 38-77-30
• Moving walk: means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction in motion and is uninterrupted. See South Carolina Code 41-16-20
• NASBA: means the National Association of State Boards of Accountancy
  
  (20) "Non-CPA owner" means any owner in a firm who is not a currently licensed certified public accountant. See South Carolina Code 40-2-20
• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. See South Carolina Code 38-1-20
• Net direct premiums: means gross direct premiums excluding reinsurance assumed and ceded written on property other than farm or manufacturing in this State for fire and extended coverage insurance, including the fire and extended coverage components of homeowners policy and commercial multiple peril package policies, less return premiums upon canceled contracts, dividends paid or credited to policyholders, or the unused or unabsorbed portion of premium deposits. See South Carolina Code 38-75-310
• Net direct premiums: means gross direct premiums written on bodily injury liability insurance, other than automobile liability insurance, homeowners liability insurance, and farmowners liability insurance, including the liability component of multiple peril package policies, as computed by the director or his designee less return premiums or the unused or unabsorbed portions of premium deposits. See South Carolina Code 38-81-220
• Net-direct premiums: means gross-direct premiums written on medical malpractice insurance, medical professional liability insurance, hospital professional liability insurance, and any other type of professional liability insurance covering risks of licensed health care providers and facilities as determined and computed by the director or his designee, less return premiums or the unused or unabsorbed portions of premium deposits. See South Carolina Code 38-79-110
• New installation: means a facility, the construction or relocation of which is begun, or for which an application for a new installation permit is filed, on or after the effective date of regulations relating to those permits adopted by the Director under authority of this chapter. See South Carolina Code 41-16-20
• 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.
• Nonadmitted insurer: means an insurer not licensed to do an insurance business in this State. See South Carolina Code 38-1-20
• Oath: A promise to tell the truth.
• Occurrence: means an accident, including continuous or repeated exposure to conditions which results in a release from an underground storage tank. See South Carolina Code 44-2-20
• Offer: includes every offer to sell, offer to purchase, or offer to enter into a commodity contract or commodity option. See South Carolina Code 39-73-10
• Operator: means any person in control of, or having responsibility for the daily operation of an underground storage tank. See South Carolina Code 44-2-20
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means :
  
  (a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances;
  
  (b) in the case of any underground storage tank system in use before November 8, 1984, but no longer in use on that date, a person who owned such an underground storage tank immediately before the discontinuation of its use; or
  
  (c) a person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership. See South Carolina Code 44-2-20
• Owner: means any person who owns all or part of a firm. See South Carolina Code 40-2-20
• Parent: means any corporation, limited liability company, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent of the outstanding voting interests of a captive insurance company. See South Carolina Code 38-90-10
• Participant: means an entity as defined in § 38-90-240, and any affiliates of that entity, that are insured by a sponsored captive insurance company, where the losses of the participant are limited through a participant contract to the assets of a protected cell. See South Carolina Code 38-90-10
• Participant contract: means a contract by which a sponsored captive insurance company insures the risks of a participant and limits the losses of the participant to the assets of a protected cell. See South Carolina Code 38-90-10
• Partner: means a limited or general partner. See South Carolina Code 33-42-20
• Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See South Carolina Code 33-42-20
• Peer review: means a study, appraisal, or review of one or more aspects of the professional work of a licensee of the board or a firm registered with the board that performs attest or compilation services by a person or persons who hold certificates and who are not affiliated with the certificate holder or certified public accountant firm being reviewed. See South Carolina Code 40-2-20
• Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 38-1-20
• Person: means any individual, partner, corporation organized or united for a business purpose, or a governmental agency. See South Carolina Code 44-2-20
• Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, or corporation. See South Carolina Code 33-42-20
• Person: means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization, or any similar entity or combination thereof. See South Carolina Code 38-90-10
• Person: means any individual, partnership, association, business trust, corporation, or organized group of persons, whether incorporated or not. See South Carolina Code 39-39-110
• Person: means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See South Carolina Code 39-73-10
• Person: shall include natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. See South Carolina Code 39-5-10
• petroleum product: means crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See South Carolina Code 44-2-20
• petroleum product: as used in this article means gasoline, gasohol, kerosene, diesel fuels, jet fuels, fuel oil no. See South Carolina Code 39-41-10
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan of operation: means the plan of operation of the association approved or promulgated by the department pursuant to the provisions of this article. See South Carolina Code 38-75-310
• 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.
• Policy: means a contract of insurance. See South Carolina Code 38-1-20
• policy: means a policy or contract for bodily injury or property damage liability insurance issued or delivered in this State covering liability arising from the ownership, maintenance, or use of any motor vehicle, insuring as the named insured one individual or husband and wife who are residents of the same household, and under which the insured vehicle designated in the policy is either:
  
  (a) a motor vehicle of a private passenger, station wagon, or motorcycle type that is not used commercially, rented to others, or used as a public or livery conveyance where the terms "public or livery conveyance" do not include car pools, or
  
  (b) any other four-wheel motor vehicle which is not used in the occupation, profession, or business, other than farming, of the insured, or as a public or livery conveyance, or rented to others. See South Carolina Code 38-77-30
• Political subdivision: includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law. See South Carolina Code 41-8-10
• 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}
• Practice of accounting: means :
  
  (a) issuing a report on financial statements of a person, firm, organization, or governmental unit or offering to render or rendering any attest or compilation service. See South Carolina Code 40-2-20
• 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.
• Precious metal: means the following in either coin, bullion, or other form:
  
  (a) silver;
  
  (b) gold;
  
  (c) platinum;
  
  (d) palladium;
  
  (e) copper;
  
  (f) other items the administrator may specify by regulation. See South Carolina Code 39-73-10
• Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
• Preparation of financial statements: means any preparation of financial statements engagement to be performed in accordance with SSARS. See South Carolina Code 40-2-20
• Principal place of business: means the physical location in the State of South Carolina where the complete books and records of the captive company are available for examination by the director. See South Carolina Code 38-90-10
• Principal place of business: means the office location designated by a licensee for the purposes of substantial equivalency and reciprocity. See South Carolina Code 40-2-20
• Private employer: means any:
  
  (1) person or entity that transacts business in this State, is required to have a license issued by an agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State, and employs one or more employees in this State, as defined in § 12-8-10;
  
  (2) person or entity carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person; or
  
  (3) person or entity for whom an individual performs a service or sells a good, of whatever nature, as an employee, as defined in § 12-8-10. See South Carolina Code 41-8-10
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• producer: means a person who represents an insurance company and is required to be licensed pursuant to § 38-43-10. See South Carolina Code 38-1-20
• Producer: means a person engaged in the business of producing and marketing eggs laid on his farm. See South Carolina Code 39-39-110
• producer: means any person, including any officer, director, or owner of five percent or more of the equity or capital of any person engaged in this State in the trade, business, occupation, or profession of any one of the following:
  
  (a) buying or selling interests in real property;
  
  (b) making loans secured by interests in real property;
  
  (c) acting as broker, agent, representative, or attorney of a person who buys or sells any interest in real property or who lends or borrows money with such interest as security. See South Carolina Code 38-75-905
• Professional: means arising out of or related to the specialized knowledge or skills associated with licensees. See South Carolina Code 40-2-20
• Program funds: means any monies, including, but not limited to, the proceeds from bond sales, the sale or disposition of any assets, or any other source available to the authority, other than administrative funds and the earnings on the funds. See South Carolina Code 41-43-20
• Property damage: means a documented adverse physical impact to structures or property as a result of a release of petroleum or petroleum products from an underground storage tank. See South Carolina Code 44-2-20
• Property insurance: means each insurance against direct or indirect loss of or damage to a property resulting from fire, smoke, weather disturbances, climatic conditions, earthquake, volcanic eruption, rising waters, insects, blight, animals, war damage, riot, civil commotion, destruction by order of civil authority to prevent spread of conflagration or for other reason, water damage, vandalism, glass breakage, explosion of a water system, collision, theft of automobiles, and personal effects in them (but no other forms of theft insurance), loss of or damage to domestic or wild animals, and any other perils to property which in the discretion of the director or his designee form proper subjects of property insurance, if not specified in items (1), (7), (11), (35), (40), (54), or (59) of this section. See South Carolina Code 38-1-20
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected cell: means an identified pool of assets and liabilities of a sponsored captive insurance company for one or more participants that is segregated and insulated from the remainder of the sponsored captive insurance company's assets and liabilities as set forth in this chapter. See South Carolina Code 38-90-10
• Protected cell account: means a specifically identified bank or custodial account established by a sponsored captive insurance company for the purpose of segregating the protected cell assets of one protected cell from the protected cell assets of other protected cells and from the assets of the sponsored captive insurance company's general account. See South Carolina Code 38-90-10
• Protected cell assets: means all assets, contract rights, and general intangibles, identified with and attributable to a specific protected cell of a sponsored captive insurance company. See South Carolina Code 38-90-10
• Protected cell liabilities: means all liabilities and other obligations identified with and attributable to a specific protected cell of a sponsored captive insurance company. See South Carolina Code 38-90-10
• Provisions of this chapter: include regulations promulgated by the Director pursuant to this chapter. See South Carolina Code 41-16-20
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• purchaser: as used in this article shall include any person acting either in his own behalf or as an employee, agent or representative of any other person. See South Carolina Code 39-15-710
• Pure captive insurance company: means a company that insures risks of its parent, affiliated companies, controlled unaffiliated business, or a combination thereof or cedes or assumes business from a risk pool for the purpose of risk sharing. See South Carolina Code 38-90-10
• Pyramid promotional scheme: means a plan or operation in which an individual pays consideration for the right to receive compensation based primarily upon recruiting other individuals into the plan or operation instead of selling products or services to ultimate users for their use or consumption. See South Carolina Code 39-5-720
• 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}
• Reduction in coverage: means a change made by the insurer which results in a removal of coverage, diminution in scope or less coverage, or the addition of an exclusion. See South Carolina Code 38-77-30
• Registrant: means the person to whom the registration of a mark under this article is issued and the legal representatives, successors, or assigns of that person. See South Carolina Code 39-15-1105
• Registration: means an authorization, issued under this chapter, to practice as a firm. See South Carolina Code 40-2-20
• regulated substance: includes , but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See South Carolina Code 44-2-20
• Related interest: means affiliated companies, principal owners of the client company, or any other party with which the client deals where one of the parties can influence the management or operation policies of the other. See South Carolina Code 44-2-20
• Release: means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into subsurface soils, groundwater, or surface water. See South Carolina Code 44-2-20
• Relevant: means having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence. See South Carolina Code 38-77-1120
• Renewal lapse date: is a date fifteen days subsequent to the renewal date. See South Carolina Code 40-2-20
• report: includes any form of language which disclaims an opinion when the form of language is conventionally understood to imply positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competency on the part of the person or firm issuing such language, or both; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competency, or both. See South Carolina Code 40-2-20
• Resident manager: means a responsible party for a firm. See South Carolina Code 40-2-20
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: means a person, firm, or corporation selling or offering for sale eggs to consumers in this State. See South Carolina Code 39-39-110
• Risk retention group: means a captive insurance company formed under the Liability Risk Retention Act of 1986, 15 U. See South Carolina Code 38-90-10
• Run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See South Carolina Code 39-5-510
• Seacoast area: means all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper Counties. See South Carolina Code 38-75-310
• secretary: means the Secretary of the United States Department of Health, Education and Welfare. See South Carolina Code 44-5-20
• Secretary: means the Secretary of State or the designee of the secretary charged with the administration of this article. See South Carolina Code 39-15-1105
• Sell: means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade. See South Carolina Code 39-39-110
• sell: includes every sale, contract of sale, contract to sell, or disposition for value. See South Carolina Code 39-73-10
• Service mark: means a word, name, symbol, or device or any combination of these used by a person to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. See South Carolina Code 39-15-1105
• 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.
• SHCC: means the South Carolina Statewide Health Coordinating Council. See South Carolina Code 44-5-20
• Site rehabilitation: means cleanup actions taken in response to a release from an underground, storage tank which includes, but is not limited to, investigation, evaluation, planning, design, engineering, construction, or other services put forth to investigate or clean up affected subsurface soils, groundwater, or surface water. See South Carolina Code 44-2-20
• Site rehabilitation contractor: means any person who carries out site rehabilitation actions, including persons retained or hired by these persons to provide services related to site rehabilitation. See South Carolina Code 44-2-20
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See South Carolina Code 38-1-20
• Special inspector: means an inspector licensed by the Director and not employed by the department. See South Carolina Code 41-16-20
• Special purpose captive insurance company: means a captive insurance company that is formed or licensed under this chapter that does not meet the definition of any other type of captive insurance company defined in this section. See South Carolina Code 38-90-10
• Sponsor: means an entity that is approved by the director to provide all or part of the capital and surplus required by applicable law and to organize and operate a sponsored captive insurance company. See South Carolina Code 38-90-10
• Sponsored captive insurance company: means a captive insurance company:
  
  (a) in which the minimum capital and surplus required by applicable law is provided by one or more sponsors;
  
  (b) that is formed or licensed under this chapter;
  
  (c) that segregates liability through one or more protected cells; and
  
  (d) that insures the risks of participants through participant contracts. See South Carolina Code 38-90-10
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See South Carolina Code 33-42-20
• State: means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except that "this State" means the State of South Carolina. See South Carolina Code 40-2-20
• state agency: means the Department of Health and Environmental Control. See South Carolina Code 44-5-20
• State program: means the state administrative program. See South Carolina Code 44-5-20
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
• Subpoena: A command to a witness to appear and give testimony.
• Substantial compliance: means that an underground storage tank owner or operator has demonstrated a good faith effort to comply with regulations necessary and essential in preventing releases, in facilitating their early detection, and in mitigating their impact on public health and the environment. See South Carolina Code 44-2-20
• substantially equivalent: is a determination by the board or its designee that the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the completion of, a baccalaureate or higher degree in an accounting concentration that includes one hundred fifty semester hours of education, at least one year of acceptable experience, and successful completion of the Uniform CPA Examination. See South Carolina Code 40-2-20
• Summons: Another word for subpoena used by the criminal justice system.
• Surety: includes insurance or a bond that covers obligations to pay the debts, or answer for the default, of another, including faithlessness in a position of public or private trust. See South Carolina Code 38-1-20
• Surplus lines insurance: means insurance in this State of risks located or to be performed in this State, permitted to be placed through a licensed broker, or a licensed broker as provided in § 38-45-10(8)(b)(ii), with a nonadmitted insurer eligible to accept the insurance, other than reinsurance, wet marine and transportation insurance, insurance independently procured, and life and health insurance and annuities. See South Carolina Code 38-1-20
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Terminate: means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. See South Carolina Code 38-1-20
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party claim: means a civil action brought or asserted by an injured party against an owner or operator of an underground storage tank for bodily injury or property damages resulting from a release of petroleum or petroleum products from an underground storage tank. See South Carolina Code 44-2-20
• timber: as used in this article shall include trees, lying or prepared for sale, sawlogs and all other logs, crossties, boards, planks, staves, headings and all other timber cut or prepared for use or sale. See South Carolina Code 39-15-710
• Title insurance: means insurance of the owners of real property and other persons lawfully interested in the title insurance against loss by reason of defective titles and undisclosed liens and encumbrances affecting the property. See South Carolina Code 38-1-20
• to renew: means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer or the issuance and delivery of a certificate or notice extending the terms of a policy beyond its policy period or term. See South Carolina Code 38-77-30
• 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.
• Trade name: means a name used by a person to identify a business or vocation of that person. See South Carolina Code 39-15-1105
• Trade screening: means the showing of a motion picture by a distributor at a location within the State or in the Film Exchange Center in the State of North Carolina which is open to any exhibitor interested in exhibiting the motion picture. See South Carolina Code 39-5-510
• Trademark: means a word, name, symbol, or device or any combination of these used by a person to identify and distinguish the goods of that person, including a unique product, from those manufactured and sold by others and to indicate the source of the goods, even if that source is unknown. See South Carolina Code 39-15-1105
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Unauthorized alien: means an unauthorized alien as defined by 8 U. See South Carolina Code 41-8-10
• under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See South Carolina Code 38-90-10
• Underground storage tank: means any one or combination of tanks, including underground pipes connected to it, which is used to contain an accumulation of regulated substance, and the volume of which is ten percent or more beneath the surface of the ground. See South Carolina Code 44-2-20
• Underinsured motor vehicle: means a motor vehicle as defined in item (9) as to which there is bodily injury liability insurance or a bond applicable at the time of the accident in an amount of at least that specified in § 38-77-140 and the amount of the insurance or bond is less than the amount of the insureds' damages. See South Carolina Code 38-77-30
• Uniform CPA Examination: means the Uniform Certified Public Accountant Examination as prepared by the AICPA. See South Carolina Code 40-2-20
• Uninsured motor vehicle: means a motor vehicle as defined in item (9) as to which:
  
  (a) there is not bodily injury liability insurance and property damage liability insurance both at least in the amounts specified in § 38-77-140; or
  
  (b) there is nominally that insurance, but the insurer writing the same successfully denies coverage thereunder; or
  
  (c) there was that insurance, but the insurer who wrote the same is declared insolvent, or is in delinquency proceedings, suspension, or receivership, or is proven unable fully to respond to a judgment; and
  
  (d) there is no bond or deposit of cash or securities in lieu of the bodily injury and property damage liability insurance;
  
  (e) the owner of the motor vehicle has not qualified as a self-insurer in accordance with the applicable provisions of law. See South Carolina Code 38-77-30
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Use: means the bona fide use of a mark in the ordinary course of trade and not made merely to reserve a right in a mark. See South Carolina Code 39-15-1105
• Wages: means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. See South Carolina Code 41-10-10
• warehouseman: as used in this article , is defined as any person engaged in the business of selling leaf tobacco at auction for a commission or for any other consideration or any employee of such person. See South Carolina Code 39-19-420
• Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
• Wholesaler: means a person engaged in the business of buying or receiving eggs from producers or other persons on his own account and selling or transferring eggs to other wholesalers, processors, retailers, or other persons and consumers. See South Carolina Code 39-39-110
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.