Terms Used In Delaware Code > Title 5 > Chapter 17 - Regulation

• Active: means either of the following:

  a. See Delaware Code Title 18 Sec. 6701B

• Actuarial certification: means a written statement by a member of the American Academy of Actuaries, or other individual acceptable to the Commissioner, that a small employer carrier is in compliance with the provisions of § 7205 of this title, based upon an examination and including a review of the appropriate records and the actuarial assumptions and methods used by the small employer carrier in establishing premium rates for applicable health benefit plans. See Delaware Code Title 18 Sec. 7202
• Advanced-stage cancer: means a diagnosis by a board certified physician in the medical specialty appropriate for the type of cancer diagnosed that there are 1 or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that there is metastasis and:

  a. See Delaware Code Title 18 Sec. 6701B

• Advertising: means any written, electronic or printed communication, or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media, including film strips, motion pictures, and videos, which are published, disseminated, circulated, or placed directly before the public in this State for the purpose of creating an interest in or inducing a person to purchase, sell, assign, devise, bequest, or transfer the death benefit or ownership of a life insurance policy pursuant to a viatical settlement contract. See Delaware Code Title 18 Sec. 7502
• 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.
• affiliated: means any entity or person who directly or indirectly through 1 or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person. See Delaware Code Title 18 Sec. 7202
• Affiliation period: means a period of time not to exceed 2 months (3 months for late enrollees) during which a health maintenance organization does not collect premiums and coverage issued is not effective. See Delaware Code Title 18 Sec. 7202
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Age: as used in this subchapter means the age of 40 or more years of age. See Delaware Code Title 19 Sec. 710
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: shall mean :

  a. See Delaware Code Title 18 Sec. 7103

• 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
• Association: means a mutual benefit association as defined in this section. See Delaware Code Title 18 Sec. 5502
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: as used in this chapter , refers to the attorney-in-fact of a reciprocal insurer. See Delaware Code Title 18 Sec. 5705
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• 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.
• Base premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or that could have been charged under a rating system for that class of business by the small employer carrier to small employers with similar case characteristics for health benefit plans with the same or similar coverage. See Delaware Code Title 18 Sec. 7202
• Basic health benefit plan: means a lower cost health benefit plan developed pursuant to § 7211 of this title. See Delaware Code Title 18 Sec. 7202
• Basic health services: means a range of services including at least the following: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services and out-of-area coverage. See Delaware Code Title 18 Sec. 6403
• 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 program established pursuant to § 7210 of this title [repealed]. See Delaware Code Title 18 Sec. 7202
• Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
• Bona fide association: means , with respect to health insurance coverage offered in Delaware, an association which:

  a. See Delaware Code Title 18 Sec. 7202

• Business of viatical settlements: means an activity involved in, but not limited to, the offering, soliciting, negotiating, procuring, effectuating, purchasing, investing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating or in any other manner, acquiring an interest in a life insurance policy by means of a viatical settlement contract. See Delaware Code Title 18 Sec. 7502
• Cancer: means a malignant tumor characterized by the uncontrolled and abnormal growth and spread of malignant cells and invasion of normal tissue. See Delaware Code Title 18 Sec. 6701B
• Carrier: means any entity that provides health insurance in this State. See Delaware Code Title 18 Sec. 7202
• Case characteristics: means demographic or other objective characteristics of a small employer that are considered by the small employer carrier in the determination of premium rates for the small employer, provided that claim experience, health status and duration of coverage shall not be case characteristics for the purposes of this chapter. See Delaware Code Title 18 Sec. 7202
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certificate: shall mean , for the purposes of this chapter, any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this State. See Delaware Code Title 18 Sec. 7103
• Certified managed care organization: means a managed care organization which has been issued a certificate of authority under this title. See Delaware Code Title 18 Sec. 6403
• Charging party: means any individual or the Department who initiates proceedings by the filing of a verified charge of discrimination, and who preserves a cause of action in Superior Court by exhausting the administrative remedies pursuant to the provisions of § 714 of this title. See Delaware Code Title 19 Sec. 710
• Child: includes stepchildren and adopted children and children to whom the deceased stood in loco parentis if members of the decedent's household at the time of the decedent's death, and includes posthumous children but not married children. See Delaware Code Title 19 Sec. 2301
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Class of business: means all of a carrier's business unless more than 1 class is established pursuant to § 7204 of this title. See Delaware Code Title 18 Sec. 7202
• College or university: shall mean any nonprofit college in the State which is accredited by the appropriate regional accrediting agency. See Delaware Code Title 18 Sec. 6601
• Commissioner: shall mean the Insurance Commissioner of this State. See Delaware Code Title 18 Sec. 7103
• Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 18 Sec. 7202
• Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 18 Sec. 7502
• Committee: means the Health Benefit Plan Committee created pursuant to § 7211 of this title. See Delaware Code Title 18 Sec. 7202
• 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.
• Compensable occupational diseases: includes all occupational diseases arising out of and in the course of employment only when the exposure stated in connection therewith has occurred during employment. See Delaware Code Title 19 Sec. 2301
• Competitive employment: means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities. See Delaware Code Title 19 Sec. 742
• Continuance: Putting off of a hearing ot trial until a later time.
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Creditable coverage: means , with respect to an individual, health benefits or coverage provided under any of the following:

  a. See Delaware Code Title 18 Sec. 7202

• Cutting operation: shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera) singly or together occur and constitute 25 percent or more of the live trees on each acre. See Delaware Code Title 3 Sec. 1052
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Death in the line of duty: shall mean any death of a covered person under this chapter, arising out of and in the course of that person's assigned duty, including all normal and special assignments as ordered by his or her superiors or assignments undertaken while acting as a law-enforcement officer under rules, directions or regulations promulgated by the appropriate employing authority, within or outside of normal duty hours; provided, however, that death of a covered person occurring while that person is on active duty shall create a rebuttable presumption that such death was a death in the line of duty and that the burden of proof shall be on the employer to demonstrate by a preponderance of the evidence that such death was not a death in the line of duty. See Delaware Code Title 18 Sec. 6601
• Decedent: A deceased person.
• Department: means the Delaware Department of Insurance. See Delaware Code Title 18 Sec. 6403
• Department: means the Department of Labor. See Delaware Code Title 19 Sec. 2301
• Dependent: A person dependent for support upon another.
• Dependent: means a spouse, a child under the age of 26 years, and an unmarried child of any age who is medically certified as totally disabled and dependent upon the parent. See Delaware Code Title 18 Sec. 7202
• Dependent: includes all persons other than the injured employee who are entitled to compensation under the elective schedule set forth in this chapter, and wherever the context requires it, includes the personal representatives and the surviving spouse of the deceased, and guardians of infants or trustees for incompetent persons. See Delaware Code Title 19 Sec. 2301
• Dependent children: shall include stepchildren, adopted children and children to whom the deceased stood in loco parentis, if members of the decedent's household at the time of death. See Delaware Code Title 18 Sec. 6601
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Diameter: shall mean the diameter outside bark of a standing tree measured 4. See Delaware Code Title 3 Sec. 1052
• Disability: means any condition or characteristic that renders a person a person with a disability as defined in this section. See Delaware Code Title 19 Sec. 722
• Disability: means , with respect to an individual:

  a. See Delaware Code Title 19 Sec. 742

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Domestic violence: means the same as defined in § 1041 of Title 10, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a domestic violence or domestic abuse service provider, or health-care provider. See Delaware Code Title 19 Sec. 710
• Eligible employee: means an employee who works on a full-time basis and has a normal work week of 30 or more hours. See Delaware Code Title 18 Sec. 7202
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• employee: means any police officer or firefighter employed by a public employer except those determined by the Board to be inappropriate for inclusion in the bargaining unit; provided, however, that for the purposes of this chapter with respect to any state employee covered under the State Merit System, position classification, health care and other benefit programs established pursuant to Chapters 52 and 96 of Title 29, workers' compensation, disability programs and pension programs shall not be deemed to be compensation. See Delaware Code Title 19 Sec. 1602
• Employee: means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer's contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker's own home, or on the premises not under the control or management of the employer. See Delaware Code Title 19 Sec. 2301
• Employee: means an individual employed by an employer, but does not include:

  a. See Delaware Code Title 19 Sec. 710

• Employee: means any person currently employed, laid off with reemployment rights or on leave of absence. See Delaware Code Title 19 Sec. 731
• employer: includes the Town of Delmar, Delaware. See Delaware Code Title 19 Sec. 1602
• Employer: includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31. See Delaware Code Title 19 Sec. 2301
• Employer: means any person employing 4 or more employees within the State at the time of the alleged violation, including the State or any political subdivision or board, department, commission or school district thereof. See Delaware Code Title 19 Sec. 710
• Employer: means a person qualifying as an employer under § 710 of this title. See Delaware Code Title 19 Sec. 722
• Employer: shall mean any individual, person, partnership, association, corporation, the State, any of its political subdivisions or any agency, authority, board or commission created by them. See Delaware Code Title 19 Sec. 731
• Employment agency: means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. See Delaware Code Title 19 Sec. 710
• equity security: when used in this chapter means any stock or similar security or any security convertible, with or without consideration, into such a security or carrying any warrant or right to subscribe to or purchase such a security, or any such warrant or right, or any other security which the Commissioner deems to be of similar nature and considers necessary or appropriate, by such rules and regulations as the Commissioner may prescribe in the public interest or for the protection of investors, to treat as an equity security. See Delaware Code Title 18 Sec. 5102
• Established geographic service area: means a geographic area, as approved by the Commissioner and based on the carrier's certificate of authority to transact insurance in this State, within which the carrier is authorized to provide coverage. See Delaware Code Title 18 Sec. 7202
• Executor: A male person named in a will to carry out the decedent
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Family responsibilities: means the obligations of an employee to care for any family member who would qualify as a covered family member under the Family and Medical Leave Act [26 U. See Delaware Code Title 19 Sec. 710
• Fiduciary: A trustee, executor, or administrator.
• Financing entity: means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a viatical settlement provider, credit enhancer, or any person that has a direct ownership in a policy or certificate that is the subject of a viatical settlement contract and all of the following:

  a. See Delaware Code Title 18 Sec. 7502

• Fire company: means a company in the State comprised of volunteer firefighters, fire police, paid employees of volunteer fire companies, volunteer ambulance companies, volunteer ambulance company members, paid employees of volunteer ambulance companies, and firefighters who are a part of an all-paid force. See Delaware Code Title 18 Sec. 6701B
• Fire department: means a department in the State comprised of volunteer firefighters, fire police, paid employees of volunteer fire companies, volunteer ambulance companies, volunteer ambulance company members, paid employees of volunteer ambulance companies, and firefighters who are a part of an all-paid force. See Delaware Code Title 18 Sec. 6701B
• Fire instructor: means an individual who actively teaches and holds a certificate to teach firefighter training courses, issued by and employed by the Delaware State Fire School. See Delaware Code Title 18 Sec. 6701B
• Fire marshal: means a person who is an official responsible for enforcing fire regulations or investigating fires in the State under § 6612 of Title 16. See Delaware Code Title 18 Sec. 6701B
• Fire police: means a member of a fire company who has taken the oath to perform police duties at fires, fire drills, and any emergencies or functions covered by the fire company. See Delaware Code Title 18 Sec. 6701B
• 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.
• Fit test: means the self-contained breathing apparatus fit test conducted yearly pursuant to requirements of 29 CFR § 1910. See Delaware Code Title 18 Sec. 6701B
• 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).
• Free to grow: shall mean to increase the stem and crown diameter, basal area, height, volume and quality of an individual tree. See Delaware Code Title 3 Sec. 1052
• Full age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Gender identity: means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. See Delaware Code Title 19 Sec. 710
• Group long-term care insurance: shall mean a long-term care insurance policy which is delivered or issued for delivery in this State and issued to:

  a. See Delaware Code Title 18 Sec. 7103

• Health benefit plan: means any hospital or medical expense policy or certificate, hospital or medical service corporation contract, health maintenance organization or health service corporation subscriber contract or any other similar health contract, including a high deductible medical expense policy used in conjunction with a medical savings account, subject to the jurisdiction of the Commissioner available for use, offered or sold to an individual in the State of Delaware. See Delaware Code Title 18 Sec. 7202
• Health status-related factor: means any of the following factors:

  a. See Delaware Code Title 18 Sec. 7202

• Health-care services: means any service included in the furnishing to any individual of medical or dental care, or hospitalization or incidental to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability. See Delaware Code Title 18 Sec. 6403
• Hearing officer: means a hearing officer appointed pursuant to § 2301B of this title. See Delaware Code Title 19 Sec. 2301
• Immediate family: means a parent, spouse, child or sibling of a sole proprietor or partner. See Delaware Code Title 19 Sec. 2301
• 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}
• Index rate: means , for each class of business as to a rating period for small employers, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. See Delaware Code Title 18 Sec. 7202
• 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.
• Insurance carrier: means any insurance corporation, mutual association or company or interinsurance exchange which insures employers against liability under this chapter or against liability at common law for accidental injuries to employees. See Delaware Code Title 19 Sec. 2301
• insurance policy: means an individual or group policy, group certificate, contract, or arrangement of life insurance owned by a resident of this State, regardless of whether delivered or issued for delivery in this State. See Delaware Code Title 18 Sec. 7502
• Integrated setting: means with respect to an employment outcome, a setting typically found in the community in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities in comparable positions interact with other persons. See Delaware Code Title 19 Sec. 742
• Ionizing radiation: means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter. See Delaware Code Title 19 Sec. 2301
• Labor organization: includes any organization of any kind, any agency or employee representation committee, group, association or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization. See Delaware Code Title 19 Sec. 710
• Landowner: shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon. See Delaware Code Title 3 Sec. 1052
• Late enrollee: means an eligible employee or dependent who requests enrollment in a group health benefit plan following the initial enrollment period during which such individual is entitled to enroll under the terms of the health benefit plan, if such initial enrollment period is a period of at least 30 days. See Delaware Code Title 18 Sec. 7202
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Life insurance producer: means any person licensed in this State as a resident or nonresident insurance producer who has received qualification or authority for life insurance coverage or a life line of coverage pursuant to Chapter 17 of this title. See Delaware Code Title 18 Sec. 7502
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Long-term care insurance: shall mean any insurance policy or rider advertised, marketed, offered or designed to provide coverage for not less than 12 consecutive months for each covered person on an expense incurred, indemnity, prepaid or other basis, for 1 or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance or personal care services, provided in a setting other than an acute care unit of a hospital. See Delaware Code Title 18 Sec. 7103
• Major life activities: includes caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. See Delaware Code Title 19 Sec. 722
• Managed care organization: means a public or private organization, organized under the laws of any state, which:

  a. See Delaware Code Title 18 Sec. 6403

• Medical care: means amounts paid for:

  a. See Delaware Code Title 18 Sec. 7202

• Minority leader: See Floor Leaders
• 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.
• Mutual benefit association: means a corporation, society, order or association which has no capital stock, which issues certificates of membership providing for payment of benefits in case of sickness, disability or death of its members and which accumulates funds by the collection of fees or dues from its members, at either stated or irregular intervals, with which to discharge its liabilities on its membership certificates and with which to pay the administrative expenses, but fraternal benefit societies as defined in Chapter 62 of this title shall not be deemed to be mutual benefit associations. See Delaware Code Title 18 Sec. 5502
• New business premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage. See Delaware Code Title 18 Sec. 7202
• No cause determination: means that the Department has completed its investigation and found that there is no reasonable cause to believe that an unlawful employment practice has occurred or is occurring. See Delaware Code Title 19 Sec. 710
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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, including a landowner, who conducts any cutting operation. See Delaware Code Title 3 Sec. 1052
• Operator: shall mean any person that operates or exercises control over any silvicultural activity. See Delaware Code Title 3 Sec. 1072
• Owner: shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs. See Delaware Code Title 3 Sec. 1072
• Paid firefighter: means a person who has been approved by the Delaware Fire School as a firefighter, as evidenced by an annual fit test, and who is faithfully and actually performing service in the protection of life and property from fire or other emergency, accident, or calamity in connection with which the service of the fire department or company is required. See Delaware Code Title 18 Sec. 6701B
• Paramedic: means a person who is employed by a county paramedic service as defined in § 9802(7) of Title 16, has been approved by the National Registry of Emergency Medical Technicians or the Commission on Accreditation of Allied Health Education Programs (CAAHEP), maintains Delaware certification, and is faithfully and actually performing service in the State. See Delaware Code Title 18 Sec. 6701B
• Permanent disability: shall mean a permanent physical condition arising out of and in the course of actions in the line of duty, but shall not include permanent disability from an injury or disease, which, although aggravated in the line of duty, was not originally sustained in the line of duty; provided, however, that said permanent disability must be sufficient to disable the covered firefighter so that the firefighter is unable to do the work normally required for the job or employment which he or she held at the time he or she was disabled. See Delaware Code Title 18 Sec. 6701
• Person: means a legal entity, including an individual, partnership, limited liability company, association, trust, corporation, or other legal entity. See Delaware Code Title 18 Sec. 7502
• Person: shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity. See Delaware Code Title 3 Sec. 1052
• Person: includes 1 or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers. See Delaware Code Title 19 Sec. 710
• Person with a disability: means any person who satisfies any 1 of the following:

  a. See Delaware Code Title 19 Sec. 722

• Personal property: All property that is not real property.
• Personnel file: means , if maintained by the employer, any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records, performance evaluations and medical records. See Delaware Code Title 19 Sec. 731
• Pine: shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina). See Delaware Code Title 3 Sec. 1052
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan of operation: means the plan of operation of the program established pursuant to § 7210 of this title [repealed]. See Delaware Code Title 18 Sec. 7202
• Policy: means a contract between the insurer and the insured which determines the claims which the insurer is legally required to pay based on the benefits outlined in § 6702B of this title. See Delaware Code Title 18 Sec. 6701B
• Policy: shall mean , for the purposes of this chapter, any policy, contract, subscriber agreement, rider or endorsement delivered or issued for delivery in this State by an insurer; fraternal benefit society; nonprofit health, hospital or medical service corporation; prepaid health plan; health maintenance organization or any similar organization. See Delaware Code Title 18 Sec. 7103
• Pollution: shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as a present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses. See Delaware Code Title 3 Sec. 1072
• Pregnancy: means pregnancy, childbirth, or a related condition, including, but not limited to, lactation. See Delaware Code Title 19 Sec. 710
• Premium: means all moneys paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan. See Delaware Code Title 18 Sec. 7202
• 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.
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Producer: means agent and/or broker. See Delaware Code Title 18 Sec. 7202
• Program: means the Delaware Small Employer Reinsurance Program created by § 7210 of this title [repealed]. See Delaware Code Title 18 Sec. 7202
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective hairstyle: includes braids, locks, and twists. See Delaware Code Title 19 Sec. 710
• Public employer: means the State of Delaware, its agencies, or political subdivisions. See Delaware Code Title 19 Sec. 710
• Qualified person with a disability: means a person with a disability who, with or without reasonable accommodation, can satisfactorily perform the essential functions of the job in question:

  a. See Delaware Code Title 19 Sec. 722

• qualifying existing coverage: means benefits or coverage provided under:

  a. See Delaware Code Title 18 Sec. 7202

• Quorum: The number of legislators that must be present to do business.
• Race: includes traits historically associated with race, including hair texture and a protective hairstyle. See Delaware Code Title 19 Sec. 710
• Rating period: means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect. See Delaware Code Title 18 Sec. 7202
• 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
• Reasonable accommodation: has the meaning given this term in § 722 of this title, except that all references to disability shall instead be references to known limitations of a person related to pregnancy, childbirth, or a related condition. See Delaware Code Title 19 Sec. 710
• Reasonable accommodation: means making reasonable changes in the work place, including, but not limited to, making facilities accessible, modifying equipment and providing mechanical aids to assist in operating equipment, or making reasonable changes in the schedules or duties of the job in question that would accommodate the known disability of a person with a disability by enabling such person to satisfactorily perform the essential duties of the job in question; provided that "reasonable accommodation" unless otherwise prescribed by applicable law, does not require that an employer:

  a. See Delaware Code Title 19 Sec. 722

• Reasonable cause determination: means that the Department has completed its investigation and found reasonable cause to believe that an unlawful employment practice has occurred or is occurring. See Delaware Code Title 19 Sec. 710
• Recess: A temporary interruption of the legislative business.
• Recklessly: means engaging in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct. See Delaware Code Title 18 Sec. 7502
• 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}
• Reinsuring carrier: means a small employer carrier participating in the reinsurance program pursuant to § 7210 of this title [repealed]. See Delaware Code Title 18 Sec. 7202
• Related provider trust: means a titling trust or other trust established by a licensed viatical settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction. See Delaware Code Title 18 Sec. 7502
• Religion: as used in this subchapter includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. See Delaware Code Title 19 Sec. 710
• 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.
• Reproductive health decision: means any decision related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy. See Delaware Code Title 19 Sec. 710
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Respondent: means any person named in the Charge of Discrimination, including but not limited to employers, employment agencies, labor organizations, joint labor-management committees, controlling apprenticeship or other training programs including on-the-job training programs. See Delaware Code Title 19 Sec. 710
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted network provision: means any provision of a health benefit plan that conditions the payment of benefits, in whole or in part, on the use of health-care providers that have entered into a contractual arrangement with the carrier pursuant to Chapter 64 of this title or otherwise to provide health-care services to covered individuals. See Delaware Code Title 18 Sec. 7202
• returning from: shall include the time encompassed by the firefighters', auxiliary members' or volunteer ambulance and rescue company members' entrance into their personal vehicle or company emergency vehicle in response to the alarm or emergency call until their first disembarkation from their personal vehicle at their home, place of employment or other location. See Delaware Code Title 18 Sec. 6601
• returning from: shall include the time encompassed by the firefighter's, ladies auxiliary members' or volunteer ambulance and rescue company members' entrance into their personal vehicle or company emergency vehicle in response to the alarm or emergency call until their first disembarkation from their personal vehicle at their home, place of employment or other location. See Delaware Code Title 18 Sec. 6701
• Risk-assuming carrier: means a small employer carrier whose application is approved by the Commissioner pursuant to § 7209 of this title. See Delaware Code Title 18 Sec. 7202
• Secretary: shall mean the Secretary of the Department of Agriculture. See Delaware Code Title 3 Sec. 1052
• Secretary: means the Secretary of the Department of Labor or the Secretary's designee. See Delaware Code Title 19 Sec. 710
• Seedling: shall mean a young pine or yellow-poplar plant less than 1 inch in diameter. See Delaware Code Title 3 Sec. 1052
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• 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.
• Sexual offense: means the same as defined in § 761 of Title 11, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a domestic violence or domestic abuse service provider, or health-care provider. See Delaware Code Title 19 Sec. 710
• Sexual orientation: includes heterosexuality, homosexuality, or bisexuality. See Delaware Code Title 19 Sec. 710
• Silvicultural activity: shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. See Delaware Code Title 3 Sec. 1072
• Small employer: means any person, firm, corporation, partnership or association that is actively engaged in business that, on at least 50% of its working days during the preceding calendar quarter, employed no more than 50 eligible employees, the majority of whom were employed within this State. See Delaware Code Title 18 Sec. 7202
• Small employer carrier: means a carrier that offers health benefit plans covering eligible employees of 1 or more small employers in this State. See Delaware Code Title 18 Sec. 7202
• Special purpose entity: means a corporation, partnership, trust, limited liability company or other similar entity formed solely to provide either directly or indirectly access to institutional capital markets:

  a. See Delaware Code Title 18 Sec. 7502

• Stalking: means the same as in § 1312 of Title 11, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a sexual assault service provider, or health-care provider. See Delaware Code Title 19 Sec. 710
• Standard health benefit plan: means a health benefit plan developed pursuant to § 7211 of this title. See Delaware Code Title 18 Sec. 7202
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• subsidiaries: shall include , in addition to those such corporations where the insurer owns a majority of their stock, those corporations formed or acquired by an insurer where it owns less than a majority of such corporation's voting stock due to the laws of a foreign national which require the insurer to own less than a majority of the voting stock of such subsidiary insurance corporation if it is to operate in that nation. See Delaware Code Title 18 Sec. 1313
• Substantially limits: means that the impairment so affects a person as to create a likelihood that such person will experience difficulty in securing, retaining or advancing in employment because of a disability. See Delaware Code Title 19 Sec. 722
• timber: shall mean any tree of a currently commercially valuable species that is 6 inches or more in diameter. See Delaware Code Title 3 Sec. 1052
• 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.
• 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.
• Undue hardship: means an action requiring significant difficulty or expense when considered in light of factors such as: the nature and cost of the accommodation; the overall financial resources of the employer; the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer. See Delaware Code Title 19 Sec. 710
• Unhealthy lifestyle choices: means smoking or maintaining excessive weight, blood pressure or cholesterol, other than due to organic causes that are being treated by a physician, as those conditions or actions may be more fully defined by regulation by the Commissioner. See Delaware Code Title 18 Sec. 7202
• 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.
• Viatical settlement broker: means a person, including a life insurance producer as provided for in § 7503 of this title, who working exclusively on behalf of a viator and for a fee, commission or other valuable consideration offers or attempts to negotiate viatical settlement contracts between a viator and 1 or more viatical settlement providers or 1 or more viatical settlement brokers. See Delaware Code Title 18 Sec. 7502
• Viatical settlement contract: includes a premium finance loan made for a life insurance policy by a lender to viator on, before, or after the date of issuance of the policy where any of the following are met:

  1. See Delaware Code Title 18 Sec. 7502

• Viatical settlement provider: means a person, other than a viator, that enters into or effectuates a viatical settlement contract with a viator resident in this State. See Delaware Code Title 18 Sec. 7502
• Viatical settlement purchaser: means a person who provides a sum of money as consideration for a life insurance policy or an interest in the death benefits of a life insurance policy, or a person who owns or acquires or is entitled to a beneficial interest in a trust that owns a viatical settlement contract or is the beneficiary of a life insurance policy that has been or will be the subject of a viatical settlement contract, for the purpose of deriving an economic benefit. See Delaware Code Title 18 Sec. 7502
• Viaticated policy: means a life insurance policy or certificate that has been acquired by a viatical settlement provider pursuant to a viatical settlement contract. See Delaware Code Title 18 Sec. 7502
• Viator: means the owner of a life insurance policy or a certificate holder under a group policy who resides in this State and enters or seeks to enter into a viatical settlement contract. See Delaware Code Title 18 Sec. 7502
• Volunteer firefighter: means a firefighter who is faithfully and actually performing service in the protection of life and property from fire or other emergency, accident, or calamity in connection with which the service of the fire department or company is required. See Delaware Code Title 18 Sec. 6701B
• Waiting period: means , with respect to a group health plan and an individual who is a potential participant in or beneficiary of the plan, the period that must pass with respect to the individual before the individual is eligible for benefits under the terms of the plan. See Delaware Code Title 18 Sec. 7202
• Working age: means 14 years of age or older in accordance with § 505 of this title. See Delaware Code Title 19 Sec. 742