Terms Used In South Carolina Code > Title 35 > Chapter 11 > Article 3 - Currency Exchange Licenses

• Advertisement: means the publication, dissemination, circulation, or placing before the public an announcement or statement in a newspaper, magazine, or other publication in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over radio, television, or Internet. See South Carolina Code 40-19-20
• 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.
• Applicant: means a person that files an application for a license pursuant to this act. See South Carolina Code 35-11-105
• Apprentice: means a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to § 40-19-120. See South Carolina Code 40-19-20
• Authorized delegate: means a person a licensee designates to provide money services on behalf of the licensee. See South Carolina Code 35-11-105
• Board: means the South Carolina State Board of Funeral Service. See South Carolina Code 40-19-20
• Commissioner: means the South Carolina Attorney General. See South Carolina Code 35-11-105
• Control: means :
  
  (a) ownership of, or the power to vote, directly or indirectly, at least twenty-five percent of a class of voting securities or voting interests of a licensee or person in control of a licensee;
  
  (b) power to elect a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of a licensee or person in control of a licensee; or
  
  (c) power to exercise directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee. See South Carolina Code 35-11-105
• Crematory: means an establishment in which the dead body is reduced to residue by intense heat. See South Carolina Code 40-19-20
• Currency exchange: means receipt of revenues from the exchange of money of one government for money of another government. See South Carolina Code 35-11-105
• Embalmer: means a person licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method and includes the restoration or attempted restoration of the appearance of the dead human body. See South Carolina Code 40-19-20
• 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}
• Executive officer: means a president, chairperson of the executive committee, chief financial officer, responsible individual, or other individual who performs similar functions. See South Carolina Code 35-11-105
• Fraud: Intentional deception resulting in injury to another.
• funeral: means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present. See South Carolina Code 40-19-20
• Funeral director: means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals. See South Carolina Code 40-19-20
• Funeral merchandise: means that personal property used in connection with the conduct of funerals or with the transportation and final disposition of a dead human body including, but not limited to, caskets, cremation caskets, urns, and burial clothing. See South Carolina Code 40-19-20
• Inspector: means an inspector employed by the Department of Labor, Licensing and Regulation. See South Carolina Code 40-19-20
• Licensee: means a person licensed pursuant to this act. See South Carolina Code 35-11-105
• Money: means a medium of exchange that is authorized or adopted by the United States or a foreign government. See South Carolina Code 35-11-105
• Money transmission: means selling or issuing payment instruments, stored value, or receiving money or monetary value for transmission. See South Carolina Code 35-11-105
• mortuary: means an establishment where the practice of funeral service and embalming is practiced. See South Carolina Code 40-19-20
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or another legal or commercial entity. See South Carolina Code 35-11-105
• Practice of funeral service: means :
  
  (a) engaging in providing shelter, care, and custody of the human dead;
  
  (b) the practice of preparing the human dead by embalming or other methods for burial or other disposition;
  
  (c) arranging for the transportation of the human dead;
  
  (d) making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use; provided, that no funeral director, embalmer, funeral company, cemetery, or related entity shall charge a fee for the assignment to the funeral director, embalmer, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in § 32-7-35; and
  
  (e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions. See South Carolina Code 40-19-20
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See South Carolina Code 35-11-105
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 35-11-105
• 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.