Terms Used In Delaware Code > Title 24 > Chapter 51 - Cosmetology and Barbering and Licensure of Aestheticians

• Aesthetician: is a n individual who practices any of the following:

  a. See Delaware Code Title 24 Sec. 5101

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• 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.
• Apprentice: means any person who is engaged in the learning of any or all the practices of cosmetology, barbering, nail technology or electrology from a practitioner licensed in the profession the apprentice is studying. See Delaware Code Title 24 Sec. 5101
• 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.
• Barber: means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massages, or treats beards or scalps with preparations made for this purpose. See Delaware Code Title 24 Sec. 5101
• Board: means the state Board of Cosmetology and Barbering under this chapter. See Delaware Code Title 24 Sec. 5101
• 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
• Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• 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
• 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.
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cosmetologist: means any person licensed under this chapter who is not an apprentice or student practicing cosmetology, who shall have the qualifications provided for by this chapter. See Delaware Code Title 24 Sec. 5101
• Cosmetology: means performing any of the following services for compensation:

  a. See Delaware Code Title 24 Sec. 5101

• Cosmetology shop: means any place or part thereof wherein cosmetology, barbering, electrology, nail technology, aesthetics, or any of their practices, are performed for compensation, whether or not the establishment holds itself out as a cosmetology shop. See Delaware Code Title 24 Sec. 5101
• Council: shall mean the Combative Sports Advisory Council. See Delaware Code Title 28 Sec. 102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Director: shall mean the Director of the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
• Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 5101
• Division: shall mean the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
• Docket: A log containing brief entries of court proceedings.
• dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
• Electrologist: means any person licensed under this chapter who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles. See Delaware Code Title 24 Sec. 5101
• Electronic mail: means communication delivered by electronic means as set forth in § 107(a)(1)a. See Delaware Code Title 25 Sec. 4902
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Instructor: means any person who teaches cosmetology, barbering, electrology or nail technology. See Delaware Code Title 24 Sec. 5101
• 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}
• Last-known address: means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. See Delaware Code Title 25 Sec. 4902
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Master barber: means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, gives facial or scalp massages, treats beards or scalps with preparations made for this purpose, or embellishes, cleans or beautifies human hair, which includes arranging, dressing, curling, permanent waving, cutting, singeing, pressing, chemically bleaching or coloring, chemically straightening, or similar work. See Delaware Code Title 24 Sec. 5101
• 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
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Nail technician: means any person licensed under this chapter who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person. See Delaware Code Title 24 Sec. 5101
• Oath: A promise to tell the truth.
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• 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.
• Occupant: means a person, that person's sublessee, successor or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Delaware Code Title 25 Sec. 4902
• Owner: means the owner, operator, lessor or sublessor of a self-service storage facility, such person's agent or any other person authorized by the owner, operator, lessor or sublessor of a self-storage facility to manage the facility or to receive rent from an occupant under a rental agreement. See Delaware Code Title 25 Sec. 4902
• 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 corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 5101
• 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
• Personal property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items. See Delaware Code Title 25 Sec. 4902
• Personal property: All property that is not real property.
• 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-in-charge: means a licensee who is responsible for the operation of a cosmetology shop, including ensuring that all employees are licensed, where required by law. See Delaware Code Title 24 Sec. 5101
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility. See Delaware Code Title 25 Sec. 4902
• 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).
• school of barbering: means any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether or not such place holds itself out as such. See Delaware Code Title 24 Sec. 5101
• Secretary: means the Secretary of State or designee. See Delaware Code Title 28 Sec. 102
• Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. See Delaware Code Title 25 Sec. 4902
• Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
• 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.
• State: means the State of Delaware. See Delaware Code Title 24 Sec. 5101
• Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to cosmetology, barbering, electrology, nail technology or aesthetics. See Delaware Code Title 24 Sec. 5101
• Summons: Another word for subpoena used by the criminal justice system.
• 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.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Verdict: The decision of a petit jury or a judge.
• Verified mail: means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing. See Delaware Code Title 25 Sec. 4902
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302