Terms Used In Indiana Code > Title 4 > Article 21.5 > Chapter 3 - Adjudicative Proceedings

• active duty: means full-time service in the:

  Indiana Code 22-9-9-1

• Active workings: means all places in a mine that are ventilated and inspected regularly. See Indiana Code 22-10-3-1
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• armed forces of the United States: means the active or reserve components of the:

  Indiana Code 22-9-9-2

• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
• 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.
• Belt examiner: means an individual designated by the mine foreman to perform the functions as required by Indiana Code 22-10-3-1
• Board: refers to the mining board established under Indiana Code 22-10-3-1
• chemical test: has the meaning set forth in IC 9-13-2-22. See Indiana Code 22-10-15-1
• commerce: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (Indiana Code 22-9-5-2
• Commercial mine: means any underground mine from which coal is produced for sale, exchange, or commercial use. See Indiana Code 22-10-3-1
• commission: refers to the civil rights commission. See Indiana Code 22-9-5-3
• commission: means the civil rights commission created by IC 22-9-1-4. See Indiana Code 22-9-10-1
• 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.
• competitive integrated employment: has the meaning set forth in Indiana Code 22-9-11-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• covered entity: means an employer, an employment agency, a labor organization, or a joint labor-management committee. See Indiana Code 22-9-5-4
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• department: means the Indiana department of veterans' affairs established by IC 10-17-1-2. See Indiana Code 22-9-10-4
• direct threat: means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. See Indiana Code 22-9-5-5
• Director: means the director of the bureau of mines and mine safety established under IC 22-1-1-4. See Indiana Code 22-10-3-1
• disability: means with respect to an individual:

  Indiana Code 22-9-5-6

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• discriminate: includes the following:

  Indiana Code 22-9-5-7

• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• drug: means a controlled substance (as defined in schedules I through V of Section 202 of the Controlled Substances Act Indiana Code 22-9-5-8
• dwelling: means :

  Indiana Code 22-9-7-2

• emotional support animal: means a companion animal that a health service provider has determined provides a benefit for an individual with a disability, which may include improving at least one (1) symptom of the disability. See Indiana Code 22-9-7-6
• employ: means to suffer or permit to work. See Indiana Code 22-9-10-5
• employee: means an individual employed by an employer. See Indiana Code 22-9-5-9
• employee: has the meaning set forth in IC 22-9-1-3(i). See Indiana Code 22-9-10-6
• employer: means a person engaged in an industry affecting commerce that has at least twenty-five (25) employees for each working day in each of at least twenty (20) calendar weeks in the current or preceding year and an agent of the person. See Indiana Code 22-9-5-10
• employer: has the meaning set forth in IC 22-9-1-3(h). See Indiana Code 22-9-10-7
• employment agency: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (Indiana Code 22-9-5-11
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• health service provider: refers to :

  Indiana Code 22-9-7-4

• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Hoisting engineer: means an individual who is capable of transporting people and material in and out of a mine by means of a hoist. See Indiana Code 22-10-3-1
• housing accommodations: means :

  Indiana Code 22-9-6-2

• illegal use of drugs: means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. See Indiana Code 22-9-5-6
• illegal use of drugs: has the meaning set forth in IC 22-9-5-12. See Indiana Code 22-10-15-2
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• individual with a disability: means an individual:

  Indiana Code 22-9-7-5

• individuals with disabilities: has the meaning set forth in Indiana Code 22-9-11-2
• industry affecting commerce: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (Indiana Code 22-9-5-13
• informed choice: means the process by which an individual chooses from all available options following the receipt of appropriate information, experience, and knowledge that may be obtained through the following activities:

  Indiana Code 22-9-11-3

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interested persons: means the director, safety personnel designated by the operator, state and federal coal mine inspectors, and, to the extent required by law, any other person. See Indiana Code 22-10-3-1
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• labor organization: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (Indiana Code 22-9-5-14
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
• Mine: means an underground commercial coal mine. See Indiana Code 22-10-3-1
• Mine electrician: means a properly certified individual who can perform electrical work in:

  Indiana Code 22-10-3-1

• Mine examiner: means a properly certified person designated by the mine foreman to examine the mine for gas and other dangers. See Indiana Code 22-10-3-1
• Mine foreman: means the person charged with the responsibility of the general supervision of the underground working of a mine and the persons employed in the mine and for the health and safety of those employees. See Indiana Code 22-10-3-1
• Mine inspector: means the person appointed to assist in administering this article. See Indiana Code 22-10-3-1
• Mine Safety Administration: refers to the Mine Safety and Health Administration, United States Department of Labor. See Indiana Code 22-10-3-1
• Mining laws: means :

  Indiana Code 22-10-3-1

• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• National Guard: means the:

  Indiana Code 22-9-9-3

• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means an individual, firm, association, partnership, limited liability company, or corporation operating an underground coal mine or any part of a mine. See Indiana Code 22-10-3-1
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (Indiana Code 22-9-5-15
• person with a disability: means an individual who, by reason of physical or mental defect or infirmity, whether congenital or acquired by accident, injury, or disease, is or may subsequently be totally or partially prevented from achieving the fullest attainable physical, social, economic, mental, and vocational participation in the normal process of living. See Indiana Code 22-9-6-1
• Persons with disabilities: includes persons who are blind, persons who have a visual disability, and other persons with a physical disability. See Indiana Code 22-9-6-1
• 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.
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• qualified individual with a disability: means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. See Indiana Code 22-9-5-16
• Quorum: The number of legislators that must be present to do business.
• reasonable accommodation: includes the following:

  Indiana Code 22-9-5-17

• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• SAMHSA: means the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration. See Indiana Code 22-10-15-3
• self-employment: means a business, profession, or trade owned by an individual and through which the individual earns income directly through the individual's own efforts and not as an employee of a business, profession, or trade owned by another person. See Indiana Code 22-9-11-4
• service animal: refers to an animal trained as:

  Indiana Code 22-9-5-9.5

• 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.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• Shot-firer: means a properly certified person designated by the mine foreman to perform the functions as required in this article in connection with breaking down coal or rock. See Indiana Code 22-10-3-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• to rent: has the meaning set forth in Indiana Code 22-9-7-7
• 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.
• transition services: has the meaning set forth in Indiana Code 22-9-11-6
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• undue hardship: means an action requiring significant difficulty or expense when considered in light of the factors set forth in subsection (b). See Indiana Code 22-9-5-18
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• veteran: means :

  Indiana Code 22-9-10-8

• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5