Terms Used In Delaware Code > Title 16 > Chapter 1 - Department of Health and Social Services

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aftercare: means assistance provided by a lay caregiver to a patient in a residence after the patient's discharge from a hospital that does not require the lay caregiver to be a health-care provider. See Delaware Code Title 16 Sec. 3001J
• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See Delaware Code Title 17 Sec. 1603
• Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this chapter. See Delaware Code Title 17 Sec. 1603
• Applicant: means any person who submits an application and is a wireless provider. See Delaware Code Title 17 Sec. 1603
• Application: means a request submitted by an applicant to the Department for a permit:

  a. See Delaware Code Title 17 Sec. 1603

• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Automobile graveyard: means any establishment or place of business which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. See Delaware Code Title 17 Sec. 1202
• 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}
• Benign tumor: means any nonmalignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors. See Delaware Code Title 16 Sec. 3203
• Cancer: means any malignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors. See Delaware Code Title 16 Sec. 3203
• Collocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a small wireless support structure or utility pole. See Delaware Code Title 17 Sec. 1603
• 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.
• Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• controlled area: means , and "controlled areas" includes, any area inside the boundaries of this State which is adjacent to and within 1,000 feet of the nearest edge of the right-of-way of a highway of the interstate system or the primary system. See Delaware Code Title 17 Sec. 1202
• Controlled areas: means and includes any area inside the boundaries of this State which is adjacent to the right-of-way of a highway of the interstate or primary systems, except that areas beyond 660 feet of the right-of-way inside urban areas shall be excluded from this chapter. See Delaware Code Title 17 Sec. 1102
• controlled areas: includes , any area inside the boundaries of this State which is adjacent to and within 1,000 feet of the nearest edge of the right-of-way of a highway of the interstate system or the primary system. See Delaware Code Title 17 Sec. 1202
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delaware byway: is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeological qualities and for which such transportation route is managed in order to protect such characteristics and to encourage development of tourism and recreational resources. See Delaware Code Title 17 Sec. 101
• Delaware savings and loan holding company: means a savings and loan holding company (as defined in the Home Owners' Loan Act, as amended, at 12 U. See Delaware Code Title 5 Sec. 861
• Delaware savings bank: means a savings bank organized and existing under the laws of this State that is not a bank as defined in § 2(c) of the Bank Holding Company Act of 1956, as amended, 12 U. See Delaware Code Title 5 Sec. 861
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3002D
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 16 Sec. 3001K
• Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 3203
• Department: means the Delaware Department of Transportation. See Delaware Code Title 17 Sec. 1603
• Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
• Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 1102
• Department pole: means a pole owned or operated by the Department in the state right-of-way (ROW), including, a camera pole, roadway lighting pole, traffic signal strain pole and overhead sign structure. See Delaware Code Title 17 Sec. 1603
• Devise: To gift property by will.
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Discharge: means a patient's exit or release from a hospital following an inpatient stay. See Delaware Code Title 16 Sec. 3001J
• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• Drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either humans or other animals. See Delaware Code Title 16 Sec. 3301
• 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}
• Fee: means a 1-time charge. See Delaware Code Title 17 Sec. 1603
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Food: includes all articles used for food, drink, ice, confectionery or condiment by humans or other animal, whether simple, mixed or compound. See Delaware Code Title 16 Sec. 3301
• Gateway sign: means any sign, display, or device intended for its purpose to provide information to the travelling public advising motorists that they are entering the boundaries of a political subdivision or established nonincorporated area of the State. See Delaware Code Title 17 Sec. 1102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Health-care provider: means as defined in § 2501 of this title. See Delaware Code Title 16 Sec. 3001J
• highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
• Hospital: means as defined in § 1001 of this title. See Delaware Code Title 16 Sec. 3001J
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interface: means training the lay caregiver in aftercare tasks contained in the discharge plan in a manner that is consistent with current accepted practices and provided through 1 of the following methods agreed to by the lay caregiver and the hospital: telehealth, as defined in § 3370 of Title 18, telemedicine, as defined in § 3370 of Title 18, or in-person. See Delaware Code Title 16 Sec. 3001J
• Interstate system: means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Department, and approved by the Secretary of Transportation pursuant to Title 23, United States Code, "Highways. See Delaware Code Title 17 Sec. 1202
• Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. See Delaware Code Title 17 Sec. 1202
• Junkyard: means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard. See Delaware Code Title 17 Sec. 1202
• Law: means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. See Delaware Code Title 17 Sec. 1603
• laws of this State: includes a provision of the Constitution or statutes of this State, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes. See Delaware Code Title 17 Sec. 1202
• Lay caregiver: includes direct support professionals and shared living providers who are paid staff in a neighborhood group home or shared or community living arrangement, as approved by the Division of Developmental Disabilities Services, and attendant caregivers, as provided for in § 1921(a)(14) and (15) of Title 24. See Delaware Code Title 16 Sec. 3001J
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Main-traveled way: means the traveled way of a highway on which through traffic is carried. See Delaware Code Title 17 Sec. 1202
• Maintain: means to allow to exist in accordance with state law. See Delaware Code Title 17 Sec. 1102
• misbranded: as used in this chapter , applies to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which bears any statement, design or device regarding such article or the ingredients or substances contained therein which is false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. See Delaware Code Title 16 Sec. 3307
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means a written authorization required by the Department to perform an action or initiate, continue, or complete a project. See Delaware Code Title 17 Sec. 1603
• Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the Department. See Delaware Code Title 17 Sec. 1603
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Primary system: means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department, and approved by the Secretary of Transportation, pursuant to Title 23, United States Code, "Highways. See Delaware Code Title 17 Sec. 1202
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public lands: includes federal, state, county, municipal, or other government-owned lands. See Delaware Code Title 16 Sec. 3001K
• Quorum: The number of legislators that must be present to do business.
• Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
• Rate: means a recurring charge. See Delaware Code Title 17 Sec. 1603
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Recess: A temporary interruption of the legislative business.
• Residence: means a dwelling considered by a patient to be the patient's home. See Delaware Code Title 16 Sec. 3001J
• Rest area: means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public. See Delaware Code Title 17 Sec. 1102
• ROW: means the area on, below, or above or across public roads, causeways, highways, bridges in the State which have been or may hereafter be constructed, acquired, or accepted by the Department. See Delaware Code Title 17 Sec. 1603
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Secretary: means the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 16 Sec. 3001K
• Secretary: means the Secretary of Transportation. See Delaware Code Title 17 Sec. 101
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Small wireless facility: means a wireless facility that meets both of the following qualifications:

  a. See Delaware Code Title 17 Sec. 1603

• Small wireless support structure: means : a freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or, other existing or proposed structure that complies with the height restrictions in § 1606(g) of this title designed to support or capable of supporting wireless facilities. See Delaware Code Title 17 Sec. 1603
• State highway: includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. See Delaware Code Title 17 Sec. 101
• Statute: A law passed by a legislature.
• Unzoned industrial areas: means those areas not zoned by any state, county or local authority, but used primarily for industrial purposes as determined by the Department. See Delaware Code Title 17 Sec. 1202
• Urban areas: means and includes those areas designated as such by the Bureau of the Census and whose boundaries have been approved by the Secretary of the United States Department of Transportation. See Delaware Code Title 17 Sec. 1102
• Utility pole: means a pole or similar structure owned by a public utility located in the ROW. See Delaware Code Title 17 Sec. 1603
• Visible: means capable of being seen without visual aid by a person of normal visual acuity. See Delaware Code Title 17 Sec. 1202
• Visible: means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. See Delaware Code Title 17 Sec. 1102
• Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

  1. See Delaware Code Title 17 Sec. 1603

• Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, pursuant to an agreement with a wireless service provider. See Delaware Code Title 17 Sec. 1603
• Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Delaware Code Title 17 Sec. 1603
• Wireless services: means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Delaware Code Title 17 Sec. 1603
• Wireless services provider: means a person who provides wireless services. See Delaware Code Title 17 Sec. 1603