Terms Used In Delaware Code > Title 26 > Chapter 8 - Underground Utility Damage Prevention and Safety

• Amortization: Paying off a loan by regular installments.
• Appraisal: A determination of property value.
• 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 notification center: shall mean an organization identified by § 807 of this title and which complies with the requirements of § 807 of this title and is otherwise operated in accordance with the Federal Pipeline Safety Regulations codified at 49 C. See Delaware Code Title 26 Sec. 802
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized player: means an individual, who is not prohibited by this subchapter, that participates in an interactive fantasy sports contest offered by a registrant. See Delaware Code Title 29 Sec. 4862
• 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}
• Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Commission: means the Public Service Commission. See Delaware Code Title 26 Sec. 102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• contest: means an online simulated game of skill wherein 1 or more contestants compete against each other by using their knowledge and understanding of athletic events and athletes to select and manage rosters of players whose performance directly corresponds with the actual performance of competitors on sports teams and in sports contests. See Delaware Code Title 29 Sec. 4862
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damage: shall mean , but is not limited to:

  a. See Delaware Code Title 26 Sec. 802

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Designer: shall mean any architect, engineer or other person, acting either as an employer or employee, who prepares a drawing for a construction or other project which requires excavation or demolition. See Delaware Code Title 26 Sec. 802
• Director: means the Director of the Delaware Division of Gaming Enforcement. See Delaware Code Title 29 Sec. 4862
• DNREC Regulated Site: shall mean any parcel of land or portion thereof for which a final permit, remediation plan, institutional or administrative control, use restriction or similar limitation is imposed under the authority granted to the Department of Natural Resources and Environmental Control under Title 7 and for which due process opportunities have been provided. See Delaware Code Title 26 Sec. 802
• Emergency: shall mean any condition constituting a clear and present danger to life, health or property by reason of escaping gas or petroleum products, exposed or broken wires, other breaks or defects in an operator's utility line or by reason of any disaster of artificial or natural causes. See Delaware Code Title 26 Sec. 802
• 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.
• 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.
• excavation: shall mean any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced or disturbed by means of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, dredging, ditching, drilling, augering, tunnelling, boring, backfilling, post pounding, driving objects into the ground, installation of form pins, hammering, scraping, cable or pipe plowing or driving, but does not include the surface cultivation of the soil for agricultural purposes, such as tilling, or patch-type paving where the same, including cutback, does not exceed 12 inches in depth measured from the surface of the pavement being patched. See Delaware Code Title 26 Sec. 802
• Excavator: shall mean any person, including those acting either as an employer or employee, intending to perform or performing excavation or demolition work. See Delaware Code Title 26 Sec. 802
• 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.
• 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.
• Highly experienced player: means an authorized player who has done 1 of the following:

  a. See Delaware Code Title 29 Sec. 4862

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Minor: means any person under the age of 18 years. See Delaware Code Title 29 Sec. 4862
• 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.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: shall mean any person who furnishes or transports materials or services by means of a utility line. See Delaware Code Title 26 Sec. 802
• operator: means any person or entity that offers any interactive fantasy sports contest to any player through any interactive fantasy sports platform. See Delaware Code Title 29 Sec. 4862
• 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.
• Person: shall mean any individual, firm, joint venture, partnership, corporation, association, municipality, other political subdivision, state or federal governmental unit, department or agency, state cooperative association, joint stock association and shall include any assignee, trustee, receiver or personal representative thereof. See Delaware Code Title 26 Sec. 802
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• platform: means any online method by which access to an interactive fantasy sports contest is provided. See Delaware Code Title 29 Sec. 4862
• 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.
• 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.
• Prohibited sports event: means any collegiate sporting event that involves a Delaware college or university, or any high school sport or athletic event, or any horse racing event. See Delaware Code Title 29 Sec. 4862
• 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.
• registrant: means an operator that is registered by the Director. See Delaware Code Title 29 Sec. 4862
• 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.
• 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.
• Sports event: shall mean any amateur or professional sport or athletic event, except a prohibited sports event. See Delaware Code Title 29 Sec. 4862
• Trustee: A person or institution holding and administering property in trust.
• Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• Utility line: shall mean any item of personal property which shall be buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, electronic, cable television, telephonic or telegraphic communications, electric energy, oil, petroleum products, gas or other substances, and shall include, but not be limited to, pipes, sewers, conduits, cables, fiber optic conductors, valves, lines, wires, manholes, vaults, attachments and those portions of poles, pylons or other supports below ground or submerged. See Delaware Code Title 26 Sec. 802
• written notice: shall mean notice in writing which is hand-delivered or mailed by certified mail, to the person who is to be given notice. See Delaware Code Title 26 Sec. 102