Terms Used In Delaware Code > Title 24 > Chapter 44 - Manufactured Home Installation

• agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division or unit of the State, including those within the legislative and judicial branches of state government. See Delaware Code Title 29 Sec. 6002
• Amateur boxing: shall mean any boxing event, as herein defined, which is sanctioned by an amateur boxing association recognized by the Director, such as, but not limited to, the International Amateur Boxing Association, Golden Gloves USA Boxing, Inc. See Delaware Code Title 28 Sec. 102
• 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.
• Applicant: means any person, individual, natural person who seeks to become licensed as a manufactured housing installer. See Delaware Code Title 24 Sec. 4403
• 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
• Approval decal: means the decal approved by and purchased from the Board on which an installer shall inscribe the date of setup, the name of the installer, and the number of the installer's license. See Delaware Code Title 24 Sec. 4403
• Authorized inspection agency: means a state, county, or municipal administrative department or agency, or other instrumentality of the State of Delaware, that has been assigned the function of inspecting manufactured home installations to ensure compliance with this chapter and the Board's rules and regulations or inspectors hired by the State, county or municipal administrative department or agency on a contract basis to perform inspections. See Delaware Code Title 24 Sec. 4403
• Board: shall mean the Plans Management Board pursuant to § 2722 of this title. See Delaware Code Title 29 Sec. 6052
• Board: means the Manufactured Home Installation Board. See Delaware Code Title 24 Sec. 4403
• Bout: shall mean 1 combative sports match, as defined herein. See Delaware Code Title 28 Sec. 102
• Boxing: shall mean the act, activity, or sport of attack and defense in which a participant delivers blows with that participant's fists, especially according to rules requiring the use of boxing gloves and limiting legal blows to those striking above the waist and on the front or sides of the opponent. See Delaware Code Title 28 Sec. 102
• Boxing match: shall mean a single boxing bout wherein participants use their best efforts to prevail through knockout, technical knockout, judges' decision or any other manner of determining victory which are consistent with the rules governing boxing and authorized by the rules and regulations of the Division. See Delaware Code Title 28 Sec. 102
• Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
• Carrier: shall mean any person or entity offering to the public telecommunications service that originates or terminates within the State; provided, however, that the term "carrier" shall not include:

  a. See Delaware Code Title 26 Sec. 923

• Change order: shall mean any order changing a customer's designated carrier for local exchange service, intraLATA intrastate toll service or both. See Delaware Code Title 26 Sec. 923
• Combative fighting: shall include , but not be limited to such terms as "toughman fighting" "toughwoman fighting" "badman fighting" "extreme fighting" and all such similar terms or names, and shall mean any unsanctioned combative sports or wrestling match, contest or exhibition between 2 or more participants and where members of the public are selected from the audience to participate with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament, championship or exhibition is not recognized or sanctioned by any international, national or regional professional sanctioning organization recognized by the Director. See Delaware Code Title 28 Sec. 102
• Combative sports: shall include all professional boxing and mixed martial arts and all amateur boxing and mixed martial arts. See Delaware Code Title 28 Sec. 102
• Combative sports entertainment: include d but not limited to "celebrity boxing" "entertainment boxing" and all such similar terms or names shall mean a display of skill for the purpose of entertaining an audience, consisting of choreographed or simulated combat in which techniques commonly used in combative sports are employed by participants. See Delaware Code Title 28 Sec. 102
• Commission: shall mean the Delaware Public Service Commission. See Delaware Code Title 26 Sec. 923
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contest: shall mean a bout or group of bouts involving contestants competing in a professional or amateur combative sports or permitted combative sports entertainment event. See Delaware Code Title 28 Sec. 102
• Contestant: shall mean a person who competes in any licensed combative sports event or permitted combative sports entertainment event. See Delaware Code Title 28 Sec. 102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
• Conviction: A judgement of guilt against a criminal defendant.
• Council: shall mean the Combative Sports Advisory Council. See Delaware Code Title 28 Sec. 102
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Customer: shall mean a person who subscribes to local exchange services, intraLATA intrastate toll service or both. See Delaware Code Title 26 Sec. 923
• Deferred compensation: means income earned as a public officer or employee of the State which, pursuant to a written agreement between the State and the employee, is set aside for retirement purposes. See Delaware Code Title 29 Sec. 6052
• Deferred compensation program: means such plans to allow deferred compensation pursuant to §§ 457, 403(b) and 401(a) of the Internal Revenue Code [26 U. See Delaware Code Title 29 Sec. 6052
• Director: shall mean the Director of the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
• Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures, including both national and state disasters. See Delaware Code Title 29 Sec. 6002
• Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 4403
• Division: shall mean the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
• Employee: includes an officer of a state or political subdivision thereof. See Delaware Code Title 29 Sec. 5701
• employee: includes employees of the Delaware Transit Corporation and Delaware Solid Waste Authority. See Delaware Code Title 29 Sec. 6052
• employee tax: means the tax imposed by § 1400 of such Code of 1939 and § 3101 of such Code of 1954 [26 U. See Delaware Code Title 29 Sec. 5701
• Employment: means any service performed by an employee in the employ of the State, local government, housing authority or any other political subdivision thereof, for such employer, except (i) service which in the absence of an agreement entered into under this chapter would constitute "employment" as defined in the Social Security Act [42 U. See Delaware Code Title 29 Sec. 5701
• Event: shall mean an organized series of contests and/or individual matches presented as a single occasion. See Delaware Code Title 28 Sec. 102
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executing carrier: shall mean a carrier that effects a request that a customer's carrier be changed. See Delaware Code Title 26 Sec. 923
• Federal Insurance Contributions Act: means subchapter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and subchapters A and B of Chapter 21 of the Federal Internal Revenue Code of 1954 [26 U. See Delaware Code Title 29 Sec. 5701
• Federal Security Administrator: includes any individual to whom the Federal Security Administrator has delegated any of the Administrator's functions under the Social Security Act [42 U. See Delaware Code Title 29 Sec. 5701
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Delaware Code Title 6 Sec. 2A-103
• 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.
• Installation: means the assembly of manufactured homes on site and the process of affixing manufactured homes to the land by the use of a foundation, footings, utilities, or to an existing building. See Delaware Code Title 24 Sec. 4403
• Installation instructions: means written instructions provided by the manufacturer in the installation manual, or equivalent, which accompanies each manufactured home when it leaves the factory, and that detail the manufacturers requirements for ground support, anchoring systems, and other work to be completed on site during the installation process. See Delaware Code Title 24 Sec. 4403
• Installer: means any person who is engaged in the business of performing manufactured housing installations as they are defined above. See Delaware Code Title 24 Sec. 4403
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Delaware Code Title 6 Sec. 2A-103
• Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Delaware Code Title 6 Sec. 2A-103
• Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Delaware Code Title 6 Sec. 2A-103
• Lessee: means a person who acquires the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
• Letter of agency: shall mean a separate document, or easily separable document, signed and dated by the customer or prospective customer, the sole purpose of which is to authorize a carrier to initiate a preferred carrier change. See Delaware Code Title 26 Sec. 923
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means any person who has completed the required training and who has paid the applicable fee for and received a license, under this chapter, for the installation of manufactured housing. See Delaware Code Title 24 Sec. 4403
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manufactured home installation inspector: means any person who holds a manufactured home installation inspector's certificate issued pursuant to this chapter. See Delaware Code Title 24 Sec. 4403
• Mixed martial arts: shall mean combative discipline in which a combination of controls, takedowns, submissions and striking techniques are employed by trained practitioners. See Delaware Code Title 28 Sec. 102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 4403
• Personal property: All property that is not real property.
• Political subdivisions: includes an instrumentality of a state and 1 or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision; the housing authority continued under Chapter 43 of Title 31 shall be construed to be a political subdivision. See Delaware Code Title 29 Sec. 5701
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preferred carrier: shall mean any carrier providing service to a customer at the time this subchapter is enacted, or such carrier as the customer thereafter designates as the customer's preferred carrier. See Delaware Code Title 26 Sec. 923
• Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Delaware Code Title 6 Sec. 2A-103
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional: shall mean a person who engages in a match or contest where a purse of cash or other article of value is awarded for that person's participation or victory which is greater than the maximum amount permitted by the Division to be awarded to an amateur, as defined in the Division's rule and regulations. See Delaware Code Title 28 Sec. 102
• Professional boxing: shall mean a boxing match as herein defined, which is sanctioned by a professional boxing association recognized by the Director, such as, but not limited to, the World Boxing Association or the World Boxing Conference of the North American Boxing Association, and for which the boxers are compensated financially. See Delaware Code Title 28 Sec. 102
• Promoter: shall mean any person, regardless of job title, who arranges, advertises, produces, stages or conducts a combative sports or combative sports entertainment event. See Delaware Code Title 28 Sec. 102
• Public utility: includes every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate for public use within this State, (however, electric cooperatives shall not be permitted directly or through an affiliate to engage in the production, sale or distribution of propane gas or heating oil), any natural gas, electric (excluding electric suppliers as defined in § 1001 of this title), electric transmission by other than a public utility over which the Commission has no supervisory or regulatory jurisdiction pursuant to § 202(a) or (g) of this title, water, wastewater (which shall include sanitary sewer charge), telecommunications (excluding telephone services provided by cellular technology or by domestic public land mobile radio service) service, system, plant or equipment. See Delaware Code Title 26 Sec. 102
• Quorum: The number of legislators that must be present to do business.
• Recreational vehicle: means a travel trailer, camping trailer, park model trailer, campers, or motor homes which are primarily designed as temporary living quarters for recreational camping, seasonal or travel use and which either have their own motor power or are mounted on or drawn by another vehicle. See Delaware Code Title 24 Sec. 4403
• 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.
• Secretary: means the Secretary of State or designee. See Delaware Code Title 28 Sec. 102
• Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
• 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.
• Social Security Act: means the act of Congress approved August 14, 1935, Chapter 531, 49 Stat. See Delaware Code Title 29 Sec. 5701
• State Agency: means the State Treasurer. See Delaware Code Title 29 Sec. 5701
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Submitting carrier: shall mean any carrier that requests on behalf of a customer that the customer's carrier be changed, and seeks to provide retail services to an end user customer. See Delaware Code Title 26 Sec. 923
• Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the person's fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a manufactured home installer. See Delaware Code Title 24 Sec. 4403
• Supervision: means managing the acts of another by overseeing the performance or operation of the person and by taking full responsibility for acts or omissions of the person that are being performed at the direction of a licensee or under the authority of a licensee's license. See Delaware Code Title 24 Sec. 4403
• Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Delaware Code Title 6 Sec. 2A-103
• system: shall mean a facility within this State which is constructed in whole or in part in, on, under or over any highway, road, street, alley, or other public place and which is operated to perform the service of receiving and amplifying the signals of 1 or more radio and/or television broadcasting stations and distributing such signals by cable, wire or other means to members of the public who subscribe to such service; provided that nothing herein is intended to prohibit any system from engaging in any other activity not expressly prohibited by law; except that such definition shall not include (i) any system which serves fewer than 50 subscribers; or (ii) any system which serves only the residents of 1 or more apartment dwellings or mobile home or trailer parks under common ownership, control or management, and commercial establishments located on the premises of such dwellings; or (iii) telephone, telegraph or electric utilities in those cases where the activity of such utility in connection with a cable system is limited to leasing or renting to cable systems, cables, wires, poles, towers or other electronic equipment or rights to use real property as part of, or for use in connection with, the operation of a cable system. See Delaware Code Title 26 Sec. 102
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• 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.
• Unauthorized practitioner: means any person, who engages in the occupational practices regulated by the Board, and who is not licensed or certified by the Board to do so. See Delaware Code Title 24 Sec. 4403
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• volunteer: means any person who has completed the necessary training for and been certified as a disaster service specialist by the American Red Cross. See Delaware Code Title 29 Sec. 6002
• Wages: means all remuneration for employment as defined in this section, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of such Act. See Delaware Code Title 29 Sec. 5701
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302