Arizona Laws > Title 9 > Chapter 5 – Public Utilities

		Sections
Article 1	Franchise by Municipality	9-501 – 9-502
Article 1.1	Cable Television Systems	9-505 – 9-510
Article 2	Municipal Ownership	9-511 – 9-519
Article 3	Municipal Bonds for Financing Utilities	9-521 – 9-540
Article 4	Industrial Gas Pipelines	9-551 – 9-554
Article 6	Financial Assistance from the Water Infrastructure Finance Authority of Arizona	9-571
Article 7	Charges for Use of Public Highways by Telecommunications Providers	9-581 – 9-584
Article 8	Use of Public Highways and Private Property by Wireless Providers	9-591 – 9-600

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Terms Used In Arizona Laws > Title 9 > Chapter 5 - Public Utilities

Abortion: means the use of any means with the intent to terminate a woman's pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus. See Arizona Laws 36-449.01
Abortion clinic: means a facility, other than a hospital, in which five or more first trimester abortions in any month or any second or third trimester abortions are performed. See Arizona Laws 36-449.01
Account servicing: means the holding of documents or written instruments and the receipt and disbursement of payments according to the instructions of the parties to the documents or written instruments. See Arizona Laws 6-801
Accredited health care institution: means a health care institution, other than a hospital, that is currently accredited by a nationally recognized accreditation organization. See Arizona Laws 36-401
Accredited hospital: means a hospital that is currently accredited by a nationally recognized organization on hospital accreditation. See Arizona Laws 36-401
Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
Adaptive behavior: means the effectiveness or degree to which a person meets the standards of personal independence and social responsibility expected of the person's age and cultural group. See Arizona Laws 36-551
Administration: means the Arizona health care cost containment system administration. See Arizona Laws 36-501
Administration: means the Arizona health care cost containment system administration. See Arizona Laws 36-550
Administrative order: means a written decision issued by an administrative law judge or quasi-judicial entity. See Arizona Laws 36-301
Administrator: means the statewide collateral pool administrator. See Arizona Laws 35-1201
Admitting officer: means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in performing psychiatric examinations who has been designated as an admitting officer of the evaluation agency by the person in charge of the evaluation agency. See Arizona Laws 36-501
Adult behavioral health therapeutic home: means a residence for individuals who are at least eighteen years of age, have behavioral health issues and need behavioral health services that does all of the following for those individuals:
(a) Provides room and board. See Arizona Laws 36-401
Adult day health services: means a program that provides planned care supervision and activities, personal care, personal living skills training, meals and health monitoring in a group setting during a portion of a continuous twenty-four-hour period. See Arizona Laws 36-401
Adult developmental home: means a residential setting in a family home in which the care, physical custody and supervision of the adult client are the responsibility, under a twenty-four-hour care model, of the licensee who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three adults with developmental disabilities:
(a) Room and board. See Arizona Laws 36-551
Adult foster care home: means a residential setting that provides room and board and adult foster care services for at least one and not more than four adults who are participants in the Arizona long-term care system pursuant to chapter 29, article 2 of this title or contracts for services with the United States department of veterans affairs and in which the sponsor or the manager resides with the residents and integrates the residents who are receiving adult foster care into that person's family. See Arizona Laws 36-401
Adult foster care services: means supervision, assistance with eating, bathing, toileting, dressing, self-medication and other routines of daily living or services authorized by rules adopted pursuant to section 36-405 and section 36-2939, subsection C. See Arizona Laws 36-401
Advisory council: means the developmental disabilities advisory council. See Arizona Laws 36-551
Affiliate: means an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified. See Arizona Laws 6-801
Agency: means any business serving the public, which as part of its services accepts money for and on behalf of a licensee. See Arizona Laws 6-701
Agency: includes one or more of the governmental units consolidated into the department of health services by this chapter. See Arizona Laws 36-101
Allegation: something that someone says happened.
Amend: means to make a change, other than a correction, to a registered certificate by adding, deleting or substituting information on that certificate. See Arizona Laws 36-301
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
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.
Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. See Arizona Laws 9-591
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicable codes: means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. See Arizona Laws 9-591
Applicant: means any person that submits an application and that is a wireless provider. See Arizona Laws 9-591
Application: means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. See Arizona Laws 9-591
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approved proficiency testing program: means a proficiency testing program which is approved and conducted by an accredited body approved by the secretary of the United States department of health and human services to meet the standards of the federal clinical laboratory improvement amendments of 1988 (P. See Arizona Laws 36-451
Area of jurisdiction: means that part of a city or town, or that part of the unincorporated area of a county, or both when applied to a cable television system within parts of more than one jurisdiction, for which a license is issued. See Arizona Laws 9-505
Arizona training program facility: means a state-operated institution for clients of the department with developmental disabilities. See Arizona Laws 36-551
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assisted living center: means an assisted living facility that provides resident rooms or residential units to eleven or more residents. See Arizona Laws 36-401
Assisted living facility: means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis. See Arizona Laws 36-401
Assisted living facility manager: means a person who has responsibility for administering or managing an assisted living facility, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others. See Arizona Laws 36-446
Assisted living facility training program: includes :
(a) Training that is required for assisted living facility manager certification. See Arizona Laws 36-446
Assisted living home: means an assisted living facility that provides resident rooms to ten or fewer residents. See Arizona Laws 36-401
Associate director: means the associate director of the citrus, fruit and vegetable division of the department. See Arizona Laws 3-441
Associated licensed provider: means one or more licensed outpatient treatment centers or exempt outpatient treatment centers or one or more licensed counseling facilities that share common areas pursuant to a written agreement with a collaborating outpatient treatment center and that are liable and responsible for the treatment areas that are used by the respective associated licensed provider pursuant to written policies. See Arizona Laws 36-439
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority: means the Arizona finance authority established by Title 41, Chapter 53, Article 2. See Arizona Laws 35-901
Authority: means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. See Arizona Laws 9-591
Authority utility pole: means a utility pole that is owned or operated by an authority and that is in a right-of-way. See Arizona Laws 9-591
Authorized transporter: means a transportation entity that is contracted with a city, town or county to provide services pursuant to this chapter and that is either:
(a) An ambulance service that holds a valid certificate of necessity. See Arizona Laws 36-501
Autism: means a condition characterized by severe disorders in communication and behavior resulting in limited ability to communicate, understand, learn and participate in social relationships. See Arizona Laws 36-551
Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
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.
Behavioral health services: means services that pertain to mental health and substance use disorders and that are either:
(a) Performed by or under the supervision of a professional who is licensed pursuant to title 32 and whose scope of practice allows the professional to provide these services. See Arizona Laws 36-401
Behavioral-supported group home: means a community residential setting that meets all of the following:
(a) Is for not more than six persons with developmental disabilities. See Arizona Laws 36-551
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.
Board: means the board of directors of the authority. See Arizona Laws 35-901
Board: means the board of examiners of nursing care institution administrators and assisted living facility managers. See Arizona Laws 36-446
Bond: means any obligation that is subject to the provisions of section 146 of the code, excluding obligations that received a carry-forward allocation in a prior year. See Arizona Laws 35-901
Bond: means any bond issued pursuant to this article, including any tax secured bond. See Arizona Laws 9-521
Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
Branch office: means any office operated solely for the purpose of accepting money and performing other services for a licensee. See Arizona Laws 6-701
Bribe: means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity. See Arizona Laws 1-215
Business day: means between the hours of 8:00 a. See Arizona Laws 35-901
Cable operator: means a person that is issued a license by the licensing authority to construct, operate and maintain a cable television system in public streets, roads and alleys. See Arizona Laws 9-505
Cable service: means the transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service. See Arizona Laws 9-505
Cable television system: means any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. See Arizona Laws 9-505
Capacity to consent: means a person's ability, determined without regard to the person's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure and to make an informed decision concerning that service, treatment or procedure. See Arizona Laws 36-661
Case management: means coordinating the assistance needed by persons with developmental disabilities and their families in order to ensure that persons with developmental disabilities attain their maximum potential for independence, productivity and integration into the community. See Arizona Laws 36-551
Case manager: means a person who coordinates the implementation of the individual program plan of goals, objectives and appropriate services for persons with developmental disabilities. See Arizona Laws 36-551
Cerebral palsy: means a permanently disabling condition resulting from damage to the developing brain that may occur before, after or during birth and that results in loss or impairment of control over voluntary muscles. See Arizona Laws 36-551
Certificate: means a record that documents a birth or death. See Arizona Laws 36-301
Certificate of closing: means the certificate of closing adopted for use by and to be filed with the authority declaring that bonds were issued or that a qualified mortgage credit certificate program has been established. See Arizona Laws 35-901
Certified copy: means a written reproduction of a registered certificate that a local registrar, a deputy local registrar or the state registrar has authenticated as a true and exact written reproduction of a registered certificate. See Arizona Laws 36-301
Chief medical officer: means the chief medical officer under the supervision of the superintendent of the state hospital. See Arizona Laws 36-501
Chief medical officer: means the chief medical officer of the state hospital. See Arizona Laws 36-201
Child: means an unemancipated person under eighteen years of age. See Arizona Laws 36-661
Child developmental certified home: means a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 and that is certified by the department pursuant to Section 36-593. See Arizona Laws 36-551
Child developmental home: means a residential setting in a family home in which the care and supervision of the child are the responsibility, under a twenty-four-hour care model, of the licensee who serves as the developmental home provider of the child in the home setting and who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three children with developmental disabilities:
(a) Room and board. See Arizona Laws 36-551
Children who have a chronic illness or physical disability: means children who are under twenty-one years of age and whose primary diagnosis is a severe physical condition that may require ongoing, medical or surgical intervention. See Arizona Laws 36-260
citrus fruit: means the fruit of any orange, lemon, lime, grapefruit, tangerine, kumquat or other citrus tree that produces edible citrus fruit suitable for human consumption. See Arizona Laws 3-441
Client: means a person receiving developmental disabilities services from the department. See Arizona Laws 36-551
Code: means the United States internal revenue code of 1986, as amended, and its applicable regulations. See Arizona Laws 35-901
Cognitive disability: means a condition that involves subaverage general intellectual functioning, that exists concurrently with deficits in adaptive behavior manifested before the age of eighteen and that is sometimes referred to as intellectual disability. See Arizona Laws 36-551
Collaborating outpatient treatment center: means a licensed outpatient treatment center or an exempt outpatient treatment center that has a written agreement with one or more outpatient treatment centers or exempt health care providers or licensed counseling facilities that requires the collaborating outpatient treatment center to be liable and responsible pursuant to written policies for all common areas that one or more colocators use. See Arizona Laws 36-439
collocation: means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. See Arizona Laws 9-591
Colocator: means an exempt health care provider, an exempt outpatient treatment center or a governing authority operating as an outpatient treatment center or a licensed counseling facility that may share common areas and nontreatment personnel with another colocator pursuant to an agreement as prescribed in this article. See Arizona Laws 36-439
combined inpatient and outpatient treatment: means any treatment program not requiring continuous inpatient hospitalization. See Arizona Laws 36-501
Commercial mobile radio service: means two-way voice commercial mobile radio service as defined by the federal communications commission in 47 United States Code § 157. See Arizona Laws 9-581
commission: means the marketing commission established under section 3-413. See Arizona Laws 3-401
Commission merchant: means a person that receives on consignment or solicits from the producer any citrus fruit for sale on commission on behalf of the producer or accepts any citrus fruit in trust from the producer for the purpose of resale. See Arizona Laws 3-441
committee: means a marketing committee established by a marketing agreement according to section 3-426. See Arizona Laws 3-401
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
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.
Communicable disease: means a contagious, epidemic or infectious disease required to be reported to the local board of health or the department pursuant to chapter 1 of this title and this chapter. See Arizona Laws 36-661
Communicable disease related information: means information regarding a communicable disease in the possession of a person who provides health services or who obtains the information pursuant to the release of communicable disease related information. See Arizona Laws 36-661
Communications service: means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code § 153(53) or wireless service. See Arizona Laws 9-591
Community residential treatment system: means a statewide system of community-based residential treatment programs for the seriously mentally ill that provides a wide range of services as alternatives to institutionalization and in the least restrictive setting. See Arizona Laws 36-550
Compliance testing: means laboratory analysis of any matter, pollutant, contaminant, hazardous substance or other substance subject to regulation pursuant to:
(a) Title 49 or rules adopted or enforced by the department of environmental quality for the purpose of determining compliance with title 49. See Arizona Laws 36-495
Confirmation: means the allocation confirmation that confirms an allocation to a project in the form adopted for use by the authority. See Arizona Laws 35-901
Consent: means voluntary informed consent. See Arizona Laws 36-551
Construction: means building, erecting, fabricating or installing a health care institution. See Arizona Laws 36-401
Consumer: means an individual who obtains a consumer lender loan for personal, family or household purposes. See Arizona Laws 6-601
Consumer lender: means a person that advertises to make or procure, solicits or holds itself out to make or procure, or makes or procures consumer lender loans to consumers in this state. See Arizona Laws 6-601
Consumer loan: means the direct closed end loan of money, whether unsecured or secured by personal or real property, in an amount of $10,000 or less that is subject to a finance charge in which only the principal amount of the loan is considered, and not any finance charges or other fees allowed pursuant to section 6-635, for the purpose of determining whether the consumer loan is $10,000 or less. See Arizona Laws 6-601
Consumer revolving loan: means an open end revolving loan that is established pursuant to an agreement with an agreed on credit limit that does not exceed $10,000, that the consumer may pay in full at any time but has the privilege of paying in installments and that contemplates or provides that advances may be obtained from time to time by the consumer, through checks, drafts, items, credit access devices, orders for the payment of money, evidences of debt or similar means, whether or not negotiable. See Arizona Laws 6-601
Contact: means a spouse or sex partner of a protected person, a person who has shared hypodermic needles or syringes with a protected person or a person otherwise exposed to a protected person with a communicable disease in a manner that poses an epidemiologically significant risk of transmission of that disease. See Arizona Laws 36-661
Continuance: Putting off of a hearing ot trial until a later time.
Continuous: means available at all times without cessation, break or interruption. See Arizona Laws 36-401
Contract: A legal written agreement that becomes binding when signed.
Contraindicated: means that access is reasonably likely to endanger the life or physical safety of the patient or another person. See Arizona Laws 36-501
Control: means ownership or the power to vote, either directly or indirectly, more than twenty per cent of the outstanding voting shares of the controlled person. See Arizona Laws 6-801
Controlling person: means a person who:
(a) Through ownership, has the power to vote at least ten percent of the outstanding voting securities. See Arizona Laws 36-401
Conviction: A judgement of guilt against a criminal defendant.
Corporation: means any corporation organized as an authority as provided in this chapter. See Arizona Laws 35-701
Corporation: means any pollution control corporation incorporated by a municipality or county pursuant to the provisions of this chapter. See Arizona Laws 35-801
Correction: means a change made to a registered certificate because of a typographical error, including misspelling and missing or transposed letters or numbers. See Arizona Laws 36-301
County: means any county in this state in which a corporation may be organized and in which it is contemplated the corporation will function. See Arizona Laws 35-801
County department: means a county department of health. See Arizona Laws 36-151
Court: means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission under this title. See Arizona Laws 36-501
Court order: means a written decision issued by:
(a) The superior court, an appellate court or the supreme court or an equivalent court in another state. See Arizona Laws 36-301
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Creditor: means a person for whose benefit monies are being collected and disbursed by a licensee. See Arizona Laws 6-701
Criminal history: means police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a determination that the person has been found incompetent to stand trial pursuant to section 13-4510. See Arizona Laws 36-501
Current care: means that a health care provider has examined, treated or provided care for a person for a chronic or acute condition within eighteen months preceding that person's death. See Arizona Laws 36-301
Custody: means legal authority to act on behalf of a child. See Arizona Laws 36-301
Daily habilitation: means habilitation as defined in this section, except that the method of payment is for one unit per residential day. See Arizona Laws 36-551
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Danger to others: means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person's need for treatment and as a result of the person's mental disorder the person's continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm. See Arizona Laws 36-501
Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
Dealer: means a person that sells, markets or distributes citrus fruit that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. See Arizona Laws 3-441
Debt management company: means a corporation, company, firm, partnership, association or society, as well as a natural person, that for compensation engages in the business of receiving money, or evidences thereof, in this state or from a resident of this state as agent of a debtor for the purpose of distributing the same to his creditors in payment or partial payment of his obligations. See Arizona Laws 6-701
Debtor: means a person from whom monies are being accepted for disbursement to creditors. See Arizona Laws 6-701
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Default or insolvency: includes the failure or refusal of any eligible depository to return any public deposit on demand or at maturity and the issuance of an order of supervisory authority restraining that depository from making payments of deposit liabilities or the appointment of a receiver for that depository. See Arizona Laws 35-1201
Defaulting depository: means any eligible depository determined to be in default or insolvent. See Arizona Laws 35-1201
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 and financial institutions. See Arizona Laws 6-101
Department: means the department of health services. See Arizona Laws 36-101
Department: means the department of health services. See Arizona Laws 36-301
Department: means the department of health services. See Arizona Laws 36-401
Department: means the department of health services. See Arizona Laws 36-451
Department: means the department of health services. See Arizona Laws 36-495
Department: means the department of health services. See Arizona Laws 36-501
Department: means the department of economic security. See Arizona Laws 36-551
Department: means the department of health services. See Arizona Laws 36-131
Department: means the department of health services. See Arizona Laws 36-151
Department: means the department of health services. See Arizona Laws 36-201
Department: means the department of health services. See Arizona Laws 36-260
Department: means the department of health services. See Arizona Laws 36-271
Department: means the department of health services. See Arizona Laws 36-446
Department: means the department of health services. See Arizona Laws 36-661
Dependent: A person dependent for support upon another.
Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
Detention: means the taking into custody of a patient or proposed patient. See Arizona Laws 36-501
Developmental disability: means either a strongly demonstrated potential that a child who is under six years of age has a developmental disability or will develop a developmental disability, as determined by a test performed pursuant to section 36-694 or by other appropriate tests, or a severe, chronic disability that:
(a) Is attributable to a cognitive disability, cerebral palsy, epilepsy, down syndrome or autism. See Arizona Laws 36-551
Devise: To gift property by will.
Direct owner: means a person that has an ownership or control interest in a health care institution totaling fifty-one percent or more. See Arizona Laws 36-401
Directed care services: means programs and services, including supervisory and personal care services, that are provided to persons who are incapable of recognizing danger, summoning assistance, expressing need or making basic care decisions. See Arizona Laws 36-401
Direction: means authoritative policy or procedural guidance to accomplish a function or activity. See Arizona Laws 36-401
Director: means the director of the authority. See Arizona Laws 35-901
Director: means the director of the department of health services. See Arizona Laws 36-101
Director: means the director of the department. See Arizona Laws 36-401
Director: means the director of the department of health services. See Arizona Laws 36-451
Director: means the director of the department of health services. See Arizona Laws 36-495
Director: means the director of the administration. See Arizona Laws 36-501
Director: means the director of the department of economic security. See Arizona Laws 36-551
Director: means the director of the department of health services. See Arizona Laws 36-131
Director: means the director of the department of health services. See Arizona Laws 36-201
Director: means the director of the department of health services. See Arizona Laws 36-446
Director: means the director of the department of health services. See Arizona Laws 36-449.01
Director: means the director of the administration. See Arizona Laws 36-550
Director: means the director of the department of health services. See Arizona Laws 36-661
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disease: means a condition or disorder that causes the human body to deviate from its normal or healthy state and that has no known general cure or adequate medically accepted treatment. See Arizona Laws 36-271
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
District: means an administrative area of this state designated by the division of developmental disabilities in the department of economic security. See Arizona Laws 36-596.51
Division: means the division of developmental disabilities in the department of economic security. See Arizona Laws 36-551
Down syndrome: means a genetic disorder caused when abnormal cell division results in extra genetic material from chromosome 21, affecting a person's cognitive and physical abilities and causing developmental issues. See Arizona Laws 36-551
Educational institution: means a university under the jurisdiction of the Arizona board of regents, a community college in this state, an accredited private postsecondary institution eligible under title IV of the higher education act of 1965 licensed by this state and any other accredited institution eligible under title IV of the higher education act of 1965 offering postsecondary education or courses, whether located within or outside of the boundaries of this state, that awards any eligible degree. See Arizona Laws 35-771
Electronic: means technology that has electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or technology with similar capabilities. See Arizona Laws 36-301
Eligible collateral: means any collateral that is authorized pursuant to section 35-323. See Arizona Laws 35-1201
Eligible degree: means any postsecondary degree or program. See Arizona Laws 35-771
Eligible lender: means an entity affiliated or contracting with a corporation or a qualified educational institution that may make student loans to eligible students or to the parents of eligible students or a nonprofit entity that is exempt from taxation under section 501(c)(3) of the internal revenue code and that makes student loans. See Arizona Laws 35-771
Eligible student: means any student attending any qualified educational institution and any resident of this state attending any educational institution. See Arizona Laws 35-771
Emergency health care services: means treatment for a medical or behavioral health condition, including labor and delivery, that manifests itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in any of the following:
(a) Placing the patient's health, including mental health, in serious jeopardy. See Arizona Laws 36-439
Employee: means an officer or employee of the state hospital. See Arizona Laws 36-201
Epilepsy: means a neurological condition characterized by abnormal electrical-chemical discharge in the brain. See Arizona Laws 36-551
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Escrow: means any transaction in which any escrow property is delivered with or without transfer of legal or equitable title, or both, and irrespective of whether a debtor-creditor relationship is created, to a person not otherwise having any right, title or interest therein in connection with the sale, transfer, encumbrance or lease of real or personal property, to be delivered or redelivered by that person upon the contingent happening or nonhappening of a specified event or performance or nonperformance of a prescribed act, when it is then to be delivered by such person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee or bailor, or any designated agent or employee of any of them. See Arizona Laws 6-801
Escrow agent: means any person engaged in the business of accepting escrows. See Arizona Laws 6-801
Escrow business: means a commercial activity characterized by the regular and continuous carrying on of escrow transactions. See Arizona Laws 6-801
Escrow property: means property, money, a written instrument or evidence of title or possession to real or personal property or any other thing of value. See Arizona Laws 6-801
Evaluation: means :
(a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of at least the following:
(i) Two licensed physicians who are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, who shall examine and report their findings independently. See Arizona Laws 36-501
Evaluation agency: means either of the following:
(a) A health care agency that is licensed by the department and that has been approved pursuant to this title to provide the services required of that agency by this chapter. See Arizona Laws 36-501
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.
Evidentiary document: means written information used to prove the fact for which the document is presented. See Arizona Laws 36-301
Ex officio: Literally, by virtue of one's office.
Exempt health care provider: means a health care provider who is licensed pursuant to title 32, who holds an active license and whose private office or clinic is exempt from licensure pursuant to section 36-402, subsection A, paragraph 3. See Arizona Laws 36-439
Exempt outpatient treatment center: means a facility with the same direct owner or indirect owner as a hospital that is licensed pursuant to this chapter, that does not have inpatient beds, that provides physical health services or behavioral health services for the diagnosis and treatment of patients and that is exempt from licensure pursuant to section 36-402, subsection A, paragraph 12. See Arizona Laws 36-439
Facilities: means buildings that are used by a health care institution for providing any of the types of services as defined in this chapter. See Arizona Laws 36-401
Facility: means a place, building, installation, structure or vehicle. See Arizona Laws 36-495
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family: means a group that lives together and that consists of at least one person with a developmental disability and that person's parent. See Arizona Laws 36-596.51
Family member: means :
(a) A person's spouse, natural or adopted offspring, father, mother, grandparent, grandchild to any degree, brother, sister, aunt, uncle or first or second cousin. See Arizona Laws 36-301
Family member: means a spouse, parent, adult child, adult sibling or other blood relative of a person undergoing treatment or evaluation pursuant to this chapter. See Arizona Laws 36-501
Family support: means services, supports and other assistance that are provided to families with members who have a developmental disability and that are designed to:
(a) Strengthen the family's role as a primary care giver. See Arizona Laws 36-596.51
Family support subsidy: means a grant that is provided to a family on behalf of a family member with a developmental disability or directly to an individual with a developmental disability for the purchase of services or necessities required to keep the family member or the individual in the family home or their own home or noninstitutional setting. See Arizona Laws 36-596.51
Family support voucher: means an authorization of payment for services. See Arizona Laws 36-596.51
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
Fee: means a onetime charge. See Arizona Laws 9-591
Felony involving violence or financial fraud: means any of the following offenses:
(a) Sexual abuse of a vulnerable adult. See Arizona Laws 36-446
Fetal death: means the cessation of life before the complete expulsion or extraction of an unborn child from the child's mother that is evidenced by the absence of breathing, heartbeat, umbilical cord pulsation or definite voluntary muscle movement after expulsion or extraction. See Arizona Laws 36-301
Fiduciary: A trustee, executor, or administrator.
Final disposition: means the interment, cremation, removal from this state or other disposition of human remains. See Arizona Laws 36-301
Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
First responder: means a law enforcement officer, a firefighter or an ambulance attendant as defined in section 36-2201. See Arizona Laws 36-661
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.
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}
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Foundling: means :
(a) A newborn infant left with a safe haven provider pursuant to Section 13-3623. See Arizona Laws 36-301
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good Samaritan: means a person who renders emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency and who believes that a significant exposure risk occurred while the person rendered care or assistance. See Arizona Laws 36-661
Governing authority: means the individual, agency, partners, group or corporation, whether appointed, elected or otherwise designated, in which the ultimate responsibility and authority for the conduct of the health care institution are vested. See Arizona Laws 36-401
Governing authority: means the individual, agency, group or corporation that is appointed, elected or otherwise designated and that has the ultimate responsibility and authority for the conduct of the health care institution. See Arizona Laws 36-451
Governing body: means the board or body in which the general powers of the municipality or the county are vested. See Arizona Laws 35-801
Governing body: means the board, commission or other body having charge of the financial affairs of a municipality. See Arizona Laws 9-521
Governmental entity: means this state, any county, city, town, municipality or other political subdivision of this state or any department, agency, board, commission, authority, political subdivision, public corporation or other public entity of any of the foregoing or controlled by any of the foregoing, provided that each of the foregoing must comprise a geographical area with a population of at least three hundred thousand persons according to the most recent United States decennial census or special census. See Arizona Laws 35-1001
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,
Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
Grantor: The person who establishes a trust and places property into it.
Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
Grave disability: means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person's own basic physical needs. See Arizona Laws 36-501
Gross revenues: means all cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed one and one-half per cent annually, that is received directly or indirectly by the cable operator, its affiliates, subsidiaries or parent or any person, firm or corporation in which the cable operator has a financial interest or that has a financial interest in the cable operator and that is derived from the cable operator's operation of its cable system to provide cable service in the area of jurisdiction. See Arizona Laws 9-505
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.
Guardian: means the person who, under court order, is appointed to fulfill the powers and duties prescribed in section 14-5312. See Arizona Laws 36-551
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Habilitation: means the process by which a person is assisted to acquire and maintain those life skills that enable the person to cope more effectively with personal and environmental demands and to raise the level of the person's physical, mental and social efficiency. See Arizona Laws 36-551
Health care entity: means a health care provider, the department, the administration or a regional behavioral health authority that is under contract with the administration. See Arizona Laws 36-501
Health care institution: means every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical services, nursing services, behavioral health services, health screening services, other health-related services, supervisory care services, personal care services or directed care services and includes home health agencies as defined in section 36-151, outdoor behavioral health care programs and hospice service agencies. See Arizona Laws 36-401
Health care provider: means :
(a) A physician licensed pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 36-301
Health care provider: means a health care institution as defined in section 36-401 that is licensed as a behavioral health provider pursuant to department rules or a mental health provider. See Arizona Laws 36-501
Health care provider: means a physician, nurse or other person involved in providing health services. See Arizona Laws 36-661
Health facility: means a health care institution as defined in section 36-401, a blood bank, blood center, milk bank, sperm bank, organ or tissue bank or clinical laboratory or a health care services organization holding a certificate of authority pursuant to section 20-1054. See Arizona Laws 36-661
Health screening services: means the acquisition, analysis and delivery of health-related data of individuals to aid in determining the need for medical services. See Arizona Laws 36-401
Health service: means public or private care, treatment, clinical laboratory tests, counseling or educational service for adults or children and acute, chronic, custodial, residential, outpatient, home or other health care or activities related to the detection, reporting, prevention and control of communicable or preventable diseases. See Arizona Laws 36-661
Health-related services: means services, other than medical, that pertain to general supervision, protective, preventive and personal care services, supervisory care services or directed care services. See Arizona Laws 36-401
highway: means all roads, streets and alleys and all other dedicated public rights-of-way and public utility easements of this state or a political subdivision. See Arizona Laws 9-581
HIV: means the human immunodeficiency virus. See Arizona Laws 36-661
HIV infection: means infection with the human immunodeficiency virus or a related virus identified as a probable causative agent of acquired immune deficiency syndrome. See Arizona Laws 36-661
HIV-related illness: means an illness that may result from or be associated with HIV infection. See Arizona Laws 36-661
HIV-related information: means information concerning whether a person has had an HIV-related test or has HIV infection, HIV-related illness or acquired immune deficiency syndrome and includes information that identifies or reasonably permits identification of that person or the person's contacts. See Arizona Laws 36-661
HIV-related test: means a laboratory test or series of tests for the virus, components of the virus or antibodies to the virus thought to indicate the presence of HIV infection. See Arizona Laws 36-661
Home equity revolving loan: means an open end revolving loan that is made pursuant to an agreement with an agreed on credit limit that is not more than $10,000, that is secured by the consumer's principal residence and that provides that advances may be obtained from time to time by the consumer through checks, drafts, items, credit access devices, orders for the payment of money, evidences of debt or similar means, whether or not negotiable. See Arizona Laws 6-601
Home health agency: means an agency or organization, or a subdivision of such an agency or organization, which meets all of the following requirements:
(a) Is primarily engaged in providing skilled nursing services and other therapeutic services. See Arizona Laws 36-151
Home health services: means the items and services enumerated in this paragraph and furnished to a person who is under the care of a physician and surgeon, not including the services of a physician and surgeon. See Arizona Laws 36-151
Hospice: means a hospice service agency or the provision of hospice services in an inpatient facility. See Arizona Laws 36-401
Hospice service: means a program of palliative and supportive care for terminally ill persons and their families or caregivers. See Arizona Laws 36-401
Human remains: means a lifeless human body or parts of a human body that permit a reasonable inference that death occurred. See Arizona Laws 36-301
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}
independence: means the extent to which individuals with developmental disabilities and their families exert control and choice over their own lives. See Arizona Laws 36-596.51
Independent evaluator: means a licensed physician, psychiatric and mental health nurse practitioner or psychologist who is selected by the person to be evaluated or by the person's attorney. See Arizona Laws 36-501
Individual program plan: means a written statement of services to be provided to a person with developmental disabilities, including habilitation goals and objectives, that is developed following initial placement evaluation and revised after periodic evaluations. See Arizona Laws 36-551
Individual program plan team: means a group of people interested in or providing individual support to:
(a) An individual with a developmental disability. See Arizona Laws 36-596.51
Individual support: means services, supports and other assistance that enables a person with a developmental disability to be independent, productive and integrated in that person's community and that is designed to:
(a) Enable the person to control that person's environment and have the most independent life possible. See Arizona Laws 36-596.51
Industrial gas pipeline: means any pipeline or system of pipelines and all necessary appurtenances to the pipeline or system used to transport inert, nontoxic, nonflammable gas for industrial purposes to industrial users who pay for the service but does not include any pipeline or system of pipelines that transports gas for power, light or fuel. See Arizona Laws 9-551
Informed consent: means a voluntary decision following presentation of all facts necessary to form the basis of an intelligent consent by the patient or guardian with no minimizing of known dangers of any procedures. See Arizona Laws 36-501
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Integration: means that persons with developmental disabilities and their families:
(a) Participate in the same community activities and employment as those persons without disabilities. See Arizona Laws 36-596.51
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}
Intermediate care facility for individuals with intellectual disabilities: means a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board or supervisory care services or personal care services as defined in section 36-401. See Arizona Laws 36-551
Issue: means :
(a) To provide a copy of a registered certificate. See Arizona Laws 36-301
Issued: means , with respect to a bond or bonds, either of the following:
(a) The bond or bonds have been delivered and paid for in full. See Arizona Laws 35-901
Issuer: means an entity or person issuing bonds. See Arizona Laws 35-901
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
laboratory: means any facility, agency, institution, medical office, health care institution, building, or place which provides through its ownership or operation facilities for the microbiological, serological, chemical, immunohematological, hematological, cytologic, histologic, radiobioassay, cytogenetic, histocompatibility, pathological, toxicological or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention and treatment of a disease or an impairment or the assessment of human health conditions or to determine the presence, absence or concentration of various substances in the body. See Arizona Laws 36-451
laboratory: means a facility where compliance testing is performed. See Arizona Laws 36-495
Laboratory director: means an individual who administers the technical and scientific operation of an environmental laboratory and who is responsible for reporting laboratory test results as specified in this chapter or rules adopted pursuant to this chapter. See Arizona Laws 36-495
Law: means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. See Arizona Laws 9-591
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}
Least restrictive alternative: means an available program or facility that fosters independent living, that is the least confining for the client's condition and that provides service and treatment in the least intrusive manner reasonably and humanely appropriate to the individual's needs. See Arizona Laws 36-551
Least restrictive treatment alternative: means the treatment plan and setting that infringe in the least possible degree with the patient's right to liberty and that are consistent with providing needed treatment in a safe and humane manner. See Arizona Laws 36-501
Legal age: means a person who is at least eighteen years of age or who is emancipated by a court order. See Arizona Laws 36-301
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means a license issued under this chapter. See Arizona Laws 6-701
License: means a license issued pursuant to this chapter. See Arizona Laws 6-801
License: means a regular license, renewal license or provisional license issued by the department pursuant to this chapter. See Arizona Laws 36-451
License: means a regular license, renewal license or provisional license issued by the department pursuant to this chapter. See Arizona Laws 36-495
License: means that ordinance or resolution which contains the right, authority or grant, given by a licensing authority enabling a person to construct, operate and maintain a cable television system. See Arizona Laws 9-505
License: means that ordinance or resolution which contains the right, authority or grant given by a licensing authority enabling the license holder to construct, operate and maintain an industrial gas pipeline. See Arizona Laws 9-551
Licensed capacity: means the total number of persons for whom the health care institution is authorized by the department to provide services as required pursuant to this chapter if the person is expected to stay in the health care institution for more than twenty-four hours. See Arizona Laws 36-401
Licensed physician: means any medical doctor or doctor of osteopathy who is either:
(a) Licensed in this state. See Arizona Laws 36-501
Licensee: means a person licensed pursuant to this chapter. See Arizona Laws 6-601
Licensee: means a corporation, company, firm, partnership, association or society, as well as a natural person, licensed by the deputy director to engage in the business of a debt management company pursuant to this chapter. See Arizona Laws 6-701
Licensee: means a person licensed pursuant to this chapter. See Arizona Laws 6-801
Licensing authority: means the board of supervisors of a county or the governing body of an incorporated city, including a charter city, or town. See Arizona Laws 9-505
Licensing authority: means the board of supervisors of a county or the governing body of an incorporated city or town. See Arizona Laws 9-551
Lien: A claim against real or personal property in satisfaction of a debt.
Likely to continue indefinitely: means that the developmental disability has a reasonable likelihood of continuing for a protracted period of time or for life. See Arizona Laws 36-551
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lot: means a unit of identical or similar items that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-441
Manifested before the age of eighteen: means that the disability must be apparent and have a substantially limiting effect on a person's functioning before the age of eighteen. See Arizona Laws 36-551
Medical certification of death: means the opinion of the health care provider who signs the certificate of probable or presumed cause of death that complies with rules adopted by the state registrar of vital records and that is based on any of the following that is reasonably available:
(a) Personal examination. See Arizona Laws 36-301
Medical director of a mental health treatment agency: means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and includes the chief medical officer of the state hospital. See Arizona Laws 36-501
Medical director of an evaluation agency: means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and may include the chief medical officer of the state hospital. See Arizona Laws 36-501
Medical examiner: means a medical examiner or alternate medical examiner as defined in section 11-591. See Arizona Laws 36-301
Medical services: means the services that pertain to medical care and that are performed at the direction of a physician on behalf of patients by physicians, dentists, nurses and other professional and technical personnel. See Arizona Laws 36-401
Medically accepted treatment: means a methodology or protocol recognized by the American medical association, the American college of surgeons or the national cancer institute or taught by an approved school of medicine as defined in section 32-1401 as a treatment that results in the restoration of the human body to a normal or healthy state. See Arizona Laws 36-271
Medication abortion: means the use of any medication, drug or other substance that is intended to cause or induce an abortion. See Arizona Laws 36-449.01
Mental disorder: means a substantial disorder of the person's emotional processes, thought, cognition or memory. See Arizona Laws 36-501
Mental health provider: means any physician or provider of mental health or behavioral health services who is involved in evaluating, caring for, treating or rehabilitating a patient. See Arizona Laws 36-501
Mental health treatment agency: means any of the following:
(a) The state hospital. See Arizona Laws 36-501
Minor: means a person under eighteen years of age. See Arizona Laws 1-215
Modification: means the substantial improvement, enlargement, reduction or alteration of or other change in a health care institution. See Arizona Laws 36-401
Monopole: means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. See Arizona Laws 9-591
Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage credit certificate: means a certificate as described in section 25(c)(1) of the code. See Arizona Laws 35-901
Municipality: means any incorporated city or town, including charter cities, in this state in which a corporation may be organized and in which it is contemplated the corporation will function. See Arizona Laws 35-801
Municipality: means any incorporated city or town. See Arizona Laws 9-521
Name: means a designation that identifies a person, including a first name, middle name, last name or suffix. See Arizona Laws 36-301
Natural causes: means those causes that are due solely or nearly entirely to disease or the aging process. See Arizona Laws 36-301
negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
Nonproprietary institution: means any health care institution that is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, or that is operated by the state or any political subdivision of the state. See Arizona Laws 36-401
Nontreatment personnel: means employees, agents, students, interns or independent contractors who provide services to an outpatient treatment center colocator that do not entail medical, nursing or behavioral health assessment or treatment. See Arizona Laws 36-439
Notice of intent: means the notice of intent to be filed with the authority in the form adopted for use by the authority. See Arizona Laws 35-901
Nursing care institution: means a health care institution that provides inpatient beds or resident beds and nursing services to persons who need continuous nursing services but who do not require hospital care or direct daily care from a physician. See Arizona Laws 36-401
nursing care institution administrator: means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others. See Arizona Laws 36-446
Nursing services: means those services that pertain to the curative, restorative and preventive aspects of nursing care and that are performed at the direction of a physician by or under the supervision of a registered nurse licensed in this state. See Arizona Laws 36-401
Nursing-supported group home: means a health care institution that is a community residential setting as defined in section 36-551 for not more than six persons with developmental disabilities, that is operated by a service provider under contract with the department of economic security and that provides room and board, daily habilitation and continuous nursing support and intervention. See Arizona Laws 36-401
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.
Obligations: means bonds, notes, bond anticipation notes, commercial paper or other evidences of indebtedness or lease, installment purchase or other agreements or purchasing programs or certificates of participation. See Arizona Laws 35-1001
Occupational significant exposure risk: means a significant exposure risk that occurs in the performance of a health care provider's professional duties or a first responder's official duties. See Arizona Laws 36-661
Organized medical staff: means a formal organization of physicians, and dentists if appropriate, with the delegated authority and responsibility to maintain proper standards of medical care and to plan for continued betterment of that care. See Arizona Laws 36-401
Other programming service: means information that a cable operator makes available to all subscribers generally. See Arizona Laws 9-505
Outdoor behavioral health care program: means an agency that provides behavioral health services in an outdoor environment as an alternative to behavioral health services that are provided in a health care institution with facilities. See Arizona Laws 36-401
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Outpatient treatment plan: means a treatment plan that does not require continuous inpatient hospitalization. See Arizona Laws 36-501
Oversight: Committee review of the activities of a Federal agency or program.
Parent: means a student's mother, father, adoptive parent, grandparent or guardian or any person with the duty and authority to make important decisions in matters having a permanent effect on the life and development of a student and to be concerned about the student's general welfare. See Arizona Laws 35-771
Parent: includes a guardian, a legal custodian and a person acting in the place of a parent. See Arizona Laws 36-596.51
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.
Patient: means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. See Arizona Laws 36-501
Peace officers: means sheriffs of counties, constables, marshals and policemen of cities and towns. See Arizona Laws 36-501
Permit: means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole. See Arizona Laws 9-591
Persistent or acute disability: means a severe mental disorder that meets all the following criteria:
(a) Significantly impairs judgment, reason, behavior or capacity to recognize reality. See Arizona Laws 36-501
Person: means any individual, firm, partnership, association or corporation, whether or not organized for profit, or any other form of business enterprise. See Arizona Laws 36-451
Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, corporation, partnership, association, state or political subdivision of a state or the United States government. See Arizona Laws 36-495
Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-441
Person: means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. See Arizona Laws 9-591
Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
Personal care services: means assistance with activities of daily living that can be performed by persons without professional skills or professional training and includes the coordination or provision of intermittent nursing services and the administration of medications and treatments by a nurse who is licensed pursuant to Title 32, Chapter 15 or as otherwise provided by law. See Arizona Laws 36-401
Personal property: All property that is not real property.
Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
Physician: means any person who is licensed pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 36-401
Physician: means a person who is licensed to practice pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 36-551
Placement evaluation: means an interview and evaluation of a person with a developmental disability and a review of the person's prior medical and program histories to determine the appropriate developmental disability programs and services for the person and recommendations for specific program placements for the person. See Arizona Laws 36-551
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
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.
Political subdivision: means a city, town or county, or a special district of a city, town or county. See Arizona Laws 9-581
Pollution control facilities: means real and personal properties including but not limited to machinery and equipment, whether or not now in existence or under construction, which are used in whole or in part to control, prevent, abate, alter, dispose or store, solid waste, thermal, noise, atmospheric or water pollutants, contaminants or products therefrom, whether such facilities serve one or more purposes or functions in addition to controlling, preventing, abating, altering, disposing or storing such pollutants, contaminants or the products therefrom. See Arizona Laws 35-801
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}
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Prepetition screening: means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in the application, an interview with each applicant and an interview, if possible, with the proposed patient. See Arizona Laws 36-501
Prescribed form: means a form established by a court or the rules of the administration in accordance with the laws of this state. See Arizona Laws 36-501
Presumptive death: means a determination by a court that a death has occurred or is presumed to have occurred but the human remains have not been located or recovered. See Arizona Laws 36-301
Private easement: means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns. See Arizona Laws 9-591
Producer: means a person that is engaged in this state in the business of producing or causing citrus fruit to be produced for market in commercial quantities. See Arizona Laws 3-441
Productivity: means engagement in income producing work that is measured through improvements in income level, employment status or job advancement or engagement in work that contributes to a household or community. See Arizona Laws 36-596.51
Professional: means a physician who is licensed pursuant to Title 32, Chapter 13 or 17, a psychologist who is licensed pursuant to Title 32, Chapter 19. See Arizona Laws 36-501
Professional standards of practice: means practicing within the scope of licensure. See Arizona Laws 36-450
Project: means a qualified mortgage credit certificate program or any construction, acquisition, planned expenditure or other activity, including all phases of a multiphased project that requests allocations in the same year and including costs of issuance, capitalized interest and discounts, financed with bonds and located in this state or directly benefiting residents of this state. See Arizona Laws 35-901
Property: includes both real and personal property. See Arizona Laws 1-215
Proposed patient: means a person for whom an application for evaluation has been made or a petition for court-ordered evaluation has been filed. See Arizona Laws 36-501
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prosecuting agency: means the county attorney, attorney general or city attorney who applied or petitioned for an evaluation or treatment pursuant to this chapter. See Arizona Laws 36-501
Protected person: means a person who takes an HIV-related test or who has been diagnosed as having HIV infection, acquired immune deficiency syndrome, HIV-related illness or another communicable disease. See Arizona Laws 36-661
Psychiatric and mental health nurse practitioner: means a registered nurse practitioner as defined in section 32-1601 who has completed an adult or family psychiatric and mental health nurse practitioner program and who is certified as an adult or family psychiatric and mental health nurse practitioner by the state board of nursing. See Arizona Laws 36-501
Psychiatrist: means a licensed physician who has completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association. See Arizona Laws 36-501
Psychologist: means a person who is licensed under Title 32, Chapter 19. See Arizona Laws 36-501
Psychologist: means a person who is licensed pursuant to title 32, chapter 19. See Arizona Laws 36-551
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public monies: means monies belonging to or received or held by officers of public depositors in their official capacity. See Arizona Laws 35-1201
Qualified educational institution: means an educational institution, as defined in paragraph 1 of this section, with a campus and facilities located in this state that offers one or more eligible degrees. See Arizona Laws 35-771
Qualified escrow agent: means any bank or trust company that is qualified to hold collateral pledged to secure public deposits pursuant to section 35-1208. See Arizona Laws 35-1201
Qualified mortgage credit certificate program: means a qualified mortgage credit certificate program as described in section 25(c)(2) of the code. See Arizona Laws 35-901
Qualified mortgage revenue bonds: means an issue of bonds as described in section 143(a) of the code. See Arizona Laws 35-901
Qualified student loan project: means an issue of bonds as described in section 144(b) of the code. See Arizona Laws 35-901
Quorum: The number of legislators that must be present to do business.
Rate: means a recurring charge. See Arizona Laws 9-591
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Recidivism reduction services: means services that are delivered by an adult residential care institution to its residents to encourage lawful behavior and to discourage or prevent residents who are suspected of, charged with or convicted of one or more criminal offenses, or whose mental health and substance use can be reasonably expected to place them at risk for the future threat of prosecution, diversion or incarceration, from engaging in future unlawful behavior. See Arizona Laws 36-401
Recidivism reduction staff: means a person who provides recidivism reduction services. See Arizona Laws 36-401
Records: means all communications that are recorded in any form or medium and that relate to patient examination, evaluation or behavioral or mental health treatment. See Arizona Laws 36-501
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}
Recovery care center: means a health care institution or subdivision of a health care institution that provides medical and nursing services limited to recovery care services. See Arizona Laws 36-448.51
Recovery care services: means postsurgical and postdiagnostic medical and nursing services provided to patients for whom, in the opinion of the attending physician, it is reasonable to expect an uncomplicated recovery. See Arizona Laws 36-448.51
Register: means to assign an official state number and to incorporate into the state registrar's official records. See Arizona Laws 36-301
Registered mail: includes certified mail. See Arizona Laws 1-215
related supportive services: means services other than home health services which may reasonably be expected to help maintain an individual in his home as an alternative to institutionalization. See Arizona Laws 36-151
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).
Request: means the request for allocation to be filed with the authority in the form adopted for use by the authority. See Arizona Laws 35-901
Required collateral: means the amount of eligible collateral required for an eligible depository to secure public deposits set by the policies and procedures of the administrator. See Arizona Laws 35-1201
resident beds: means accommodations with supporting services, such as food, laundry and housekeeping, for patients or residents who generally stay in excess of twenty-four hours. See Arizona Laws 36-401
Residential care institution: means a health care institution other than a hospital or a nursing care institution that provides resident beds or residential units, supervisory care services, personal care services, behavioral health services, directed care services or health-related services for persons who do not need continuous nursing services. See Arizona Laws 36-401
Residential facility: means a community residential setting in which persons with developmental disabilities live and that is licensed, operated, supported or supervised by the department. See Arizona Laws 36-581
Respite services: means services that provide a short-term or long-term interval of rest or relief to the care provider of a person with a developmental disability. See Arizona Laws 36-551
Responsible person: means a person listed in section 36-831. See Arizona Laws 36-301
Responsible person: means the parent or guardian of a minor with a developmental disability, the guardian of an adult with a developmental disability or an adult with a developmental disability who is a client or an applicant for whom no guardian has been appointed. See Arizona Laws 36-551
Retaliatory action: means termination of or other adverse action against a health professional's employment taken by a health care institution because the professional has made a report pursuant to this article. See Arizona Laws 36-450
Right-of-way: means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. See Arizona Laws 9-591
Screening agency: means a health care agency that is licensed by the department and that provides those services required of the agency by this chapter. See Arizona Laws 36-501
Seal: means to bar from access. See Arizona Laws 36-301
Security deposit: means cash, a bank cashier's check, a surety bond, a letter of credit or any other form of security approved by the director in favor of the authority that is received by the authority from an issuer or user to secure or extend an allocation. See Arizona Laws 35-901
Seriously mentally ill: means persons who as a result of a mental disorder as defined in section 36-501 exhibit emotional or behavioral functioning that is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. See Arizona Laws 36-550
Service of process: The service of writs or summonses to the appropriate party.
Service provider: means a person or agency that provides services to clients pursuant to a contract, service agreement or qualified vendor agreement with the division. See Arizona Laws 36-551
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.
Shipper: means a person that ships, transports, sells or markets citrus fruit under the person's registered trademark or label or a person that first markets the citrus fruit on behalf of the producer. See Arizona Laws 3-441
Significant exposure risk: means contact with another person in a manner that, if the other person has a communicable disease, poses an epidemiologically significant risk of transmission of that disease as determined by the department. See Arizona Laws 36-661
Small wireless facility: means a wireless facility that meets both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 9-591
Social worker: means a person who has completed two years of graduate training in social work in a program approved by the council of social work education and who has experience in mental health. See Arizona Laws 36-501
Special taxing district: means a special district formed pursuant to Title 48, Chapter 11, 12, 17, 18, 19, 20 or 22. See Arizona Laws 9-591
State ceiling: means the dollar limit of the aggregate amount of private activity bonds that may be issued in this state pursuant to section 146 of the code for each calendar year, beginning in 1988. See Arizona Laws 35-901
State hospital: means the Arizona state hospital. See Arizona Laws 36-501
State hospital: means Arizona state hospital. See Arizona Laws 36-201
State operated service center: means a state owned or leased facility that is operated by the department and that provides temporary residential care and space for child and adult services that include respite care, crisis intervention and diagnostic evaluation. See Arizona Laws 36-551
State plan: means any of the several state plans administered by the department that meet the federal requirements necessary for federal funding. See Arizona Laws 36-101
State program representative: means the state treasurer or the state treasurer's designee. See Arizona Laws 35-771
Statute: A law passed by a legislature.
Student loan: means a loan to or for the benefit of an eligible student for the purpose of financing all or a part of the eligible student's cost of attending an educational institution in pursuit of an eligible degree or refinancing any such loan previously made. See Arizona Laws 35-771
Subaverage general intellectual functioning: means measured intelligence on standardized psychometric instruments of two or more standard deviations below the mean for the tests used. See Arizona Laws 36-551
Subdivision trust: means an agreement in which title to real property or an interest therein is held for the limited purpose of holding, subdividing, developing or selling real property or an interest therein, or to facilitate any business transaction with respect thereto and under which agreement the trustee acts pursuant to direction of its beneficiaries, and without discretionary powers, with respect to the holding, subdivision, development or sale of real estate or an interest therein or the disposition of the proceeds therefrom. See Arizona Laws 6-801
Submit: means to present, physically or electronically, a certificate, evidentiary document or form provided for in this chapter to a local registrar, a deputy local registrar or the state registrar. See Arizona Laws 36-301
Subpoena: A command to a witness to appear and give testimony.
Substantial compliance: means that the nature or number of violations revealed by any type of inspection or investigation of a health care institution does not pose a direct risk to the life, health or safety of patients or residents. See Arizona Laws 36-401
Superintendent: means the superintendent of the state hospital. See Arizona Laws 36-501
Superintendent: means the superintendent of the state hospital. See Arizona Laws 36-201
Supervision: means directly overseeing and inspecting the act of accomplishing a function or activity. See Arizona Laws 36-401
Supervision: means the process by which the activities of an individual with developmental disabilities are directed, influenced or monitored. See Arizona Laws 36-551
Supervisory care services: means general supervision, including daily awareness of resident functioning and continuing needs, the ability to intervene in a crisis and assistance in self-administering prescribed medications. See Arizona Laws 36-401
Swap agreement: means an agreement, between a governmental entity and a financial institution, including an insurance company, bank indemnity company or a company related to a financial institution, pursuant to which payments are to be made by the governmental entity to the financial institution and are also to be made by the financial institution to the governmental entity, and which is entered into in order to manage interest rate risk, investment risk, or commodity prices or is entered into in connection with carrying or securing of obligations of a governmental entity. See Arizona Laws 35-1001
System of public health statistics: means the processes and procedures for:
(a) Tabulating, analyzing and publishing public health information derived from vital records data and other sources authorized pursuant to Section 36-125. See Arizona Laws 36-301
System of vital records: means the statewide processes and procedures for:
(a) Electronically or physically collecting, creating, registering, maintaining, copying and preserving vital records. See Arizona Laws 36-301
Tax secured bond: means any bond authorized and issued pursuant to both this article and Title 35, Chapter 3, Article 3. See Arizona Laws 9-521
Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Arizona Laws 9-581
Telecommunications corporation: means any public service corporation to the extent that it provides telecommunications services in this state. See Arizona Laws 9-581
Telecommunications services: means the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used. See Arizona Laws 9-581
Temporary license: means a license that is issued by the department to operate a class or subclass of a health care institution at a specific location and that is valid until an initial licensing inspection. See Arizona Laws 36-401
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.
Testify: Answer questions in court.
Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.
treated: includes prescribing medication. See Arizona Laws 36-301
Treatment areas: means portions of licensed outpatient treatment center premises that are used for the provision of health care assessment and treatment of patients. See Arizona Laws 36-439
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Unprofessional conduct: includes :
(a) Dishonesty, fraud, incompetency or gross negligence in performing administrative duties. See Arizona Laws 36-446
Unscheduled medical services: means medically necessary periodic health care services that are unanticipated or cannot reasonably be anticipated and that require medical evaluation or treatment before the next business day. See Arizona Laws 36-401
Uphold: The decision of an appellate court not to reverse a lower court decision.
Urban city: means a city having a population of not less than one hundred thousand persons according to the most recent United States decennial or special census. See Arizona Laws 35-901
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. See Arizona Laws 9-591
Utility undertaking: means any one or combination of the following:
(a) Electric light or power, water, storm water, sewer, gas, common carrier of passengers, garbage, or rubbish plant or system, including but not limited to disposal, treatment or reduction plants, buildings, incinerators, dams and reservoirs. See Arizona Laws 9-521
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Video programming: means programming that is provided by, or generally comparable to programming provided by, a broadcast television station. See Arizona Laws 9-505
Vital record: means a registered birth certificate or a registered death certificate. See Arizona Laws 36-301
Voluntary evaluation: means the ongoing collection and analysis of a person's medical, psychological, psychiatric and social conditions in order to initially determine if a health disorder exists and if there is a need for behavioral health services and, on an ongoing basis, to ensure that the person's service plan is designed to meet the person's and the person's family's current needs and long-term goals. See Arizona Laws 36-501
Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
Wireless infrastructure provider: means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless services provider. See Arizona Laws 9-591
Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 9-591
Wireless services: means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Arizona Laws 9-591
Wireless services provider: means a person that provides wireless services. See Arizona Laws 9-591
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
Writing: includes printing. See Arizona Laws 1-215
Year: means the calendar year. See Arizona Laws 35-901

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Arizona Laws > Title 9 > Chapter 5 – Public Utilities

Terms Used In Arizona Laws > Title 9 > Chapter 5 - Public Utilities

James F. Byrne, Jr. at Byrne & Shaw, P.L.L.C.

Richard Keyt

Booth Udall PLC