7-1001 Short Title
7-1002 Definitions
7-1003 State Tribunal and Support Enforcement Agency
7-1004 Remedies Cumulative
7-1004A Application of Chapter to Resident of Foreign Country and Foreign Support Proceeding
7-1005 Bases for Jurisdiction Over Nonresident
7-1006 Duration of Personal Jurisdiction
7-1007 Initiating and Responding Tribunal of State
7-1008 Simultaneous Proceedings
7-1009 Continuing, Exclusive Jurisdiction to Modify Child Support Order
7-1010 Continuing Jurisdiction to Enforce Child-Support Order
7-1011 Determination of Controlling Child-Support Order
7-1012 Child-Support Orders for Two or More Obligees
7-1013 Credit for Payments
7-1014 Application of Chapter to Nonresident Subject to Personal Jurisdiction
7-1015 Continuing, Exclusive Jurisdiction to Modify Spousal Support Order
7-1016 Proceedings Under This Chapter
7-1017 Proceeding by Minor Parent
7-1018 Application of Law of This State
7-1019 Duties of Initiating Tribunal
7-1020 Duties and Powers of Responding Tribunal
7-1021 Inappropriate Tribunal
7-1022 Duties of Support Enforcement Agency
7-1023 Duty of Attorney General
7-1024 Private Counsel
7-1025 Duties of State Information Agency
7-1026 Pleadings and Accompanying Documents
7-1027 Nondisclosure of Information in Exceptional Circumstances
7-1028 Costs and Fees
7-1029 Limited Immunity of Petitioner
7-1030 Nonparentage as Defense
7-1031 Special Rules of Evidence and Procedure
7-1032 Communications Between Tribunals
7-1033 Assistance With Discovery
7-1034 Receipt and Disbursement of Payments
7-1035 Establishment of Support Order
7-1035A Proceeding to Determine Parentage
7-1036 Employer’S Receipt of Income-Withholding Order of Another State
7-1037 Employer’S Compliance With Income-Withholding Order of Another State
7-1038 Employer’S Compliance With Two or More Income-Withholding Orders
7-1039 Immunity From Civil Liability
7-1040 Penalties for Noncompliance
7-1041 Contest by Obligor
7-1042 Administrative Enforcement of Orders
7-1043 Registration of Order for Enforcement
7-1044 Procedure to Register Order for Enforcement
7-1045 Effect of Registration for Enforcement
7-1046 Choice of Law
7-1047 Notice of Registration of Order
7-1048 Procedure to Contest Validity or Enforcement of Registered Support Order
7-1049 Contest of Registration or Enforcement
7-1050 Confirmed Order
7-1051 Procedure to Register Child-Support Order of Another State for Modification
7-1052 Effect of Registration for Modification
7-1053 Modification of Child-Support Order of Another State
7-1054 Recognition of Order Modified in Another State
7-1055 Jurisdiction to Modify Support Order of Another State When Individual Parties Reside in This State
7-1056 Notice to Issuing Tribunal of Modification
7-1057 Jurisdiction to Modify Child-Support Order of Foreign Country
7-1058 Procedure to Register Child-Support Order of Foreign Country for Modification
7-1059 Definitions
7-1060 Applicability
7-1061 Relationship of Department of Health and Welfare to United States Central Authority
7-1062 Initiation by Department of Health and Welfare of Support Proceeding Under Convention
7-1063 Direct Request
7-1064 Registration of Convention Support Order
7-1065 Contest of Registered Convention Support Order
7-1066 Recognition and Enforcement of Registered Convention Support Order
7-1067 Partial Enforcement
7-1068 Foreign Support Agreement
7-1069 Modification of Convention Child-Support Order
7-1070 Personal Information — Limit On Use
7-1071 Record in Original Language — English Translation
7-1072 Grounds for Rendition
7-1073 Conditions of Rendition
7-1074 Uniformity of Application and Construction
7-1075 Transitional Provision
7-1076 Severability

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Terms Used In Idaho Code > Title 7 > Chapter 10 - Uniform Interstate Family Support Act

  • Aborted infant: means a deceased unborn infant whose death was caused by abortion. See Idaho Code 39-9303
  • Access restrictions: means physical barriers such as fences, barricades, curbs, barrier rocks, trenches, and temporary barriers that restrict access by vehicles, pedestrians, and animals to contaminated areas. See Idaho Code 39-6803
  • Accident: means any event that results in an unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load, a snowmobile, or special mobile equipment. See Idaho Code 39-4703
  • Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;
Idaho Code 28-4-104
  • Action: as used in this chapter , shall include nonaction or the failure to take action. See Idaho Code 41-291
  • Active portion: means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with 40 C. See Idaho Code 39-7403
  • Active unit: means that part of a facility or unit that has received or is receiving wastes and that has not been closed. See Idaho Code 39-7903
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: means the administrator or a member of the board of administrators of the basin environmental improvement fund and financing authority. See Idaho Code 39-8103
  • Administrator: means the administrator of the division of occupational and professional licenses for the state of Idaho. See Idaho Code 39-8603
  • administrators: means the administrator or board of administrators of the basin environmental improvement fund and financing authority. See Idaho Code 39-8103
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Afternoon: means the period of a day between noon and midnight;
  • Idaho Code 28-4-104
  • Agent: means any person authorized by the state tax commission to purchase and affix stamps on packages of cigarettes. See Idaho Code 39-8902
  • Air pollution: means air pollution as defined in section 39-103, Idaho Code. See Idaho Code 39-6705
  • Air quality plan: means the comprehensive air quality management plan for a specified regional area as developed and modified by a regional air quality council. See Idaho Code 39-6705
  • Allegation: something that someone says happened.
  • 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.
  • Animal unit: is a unit of measurement equaling two and one-half (2 1/2) swine, each weighing over twenty-five (25) kilograms (approximately fifty-five (55) pounds), or ten (10) weaned swine, each weighing under twenty-five (25) kilograms. See Idaho Code 39-7903
  • Animal waste: means animal excrement, feed wastes, process wastewater or any other waste associated with the confinement of swine. See Idaho Code 39-7903
  • Animal waste management system: means any structure or system that provides for the collection, treatment, disposal, distribution or storage of animal waste. See Idaho Code 39-7903
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means an entity submitting documents required by the department for the purpose of requesting a grant from the rural health care access and physician incentive program. See Idaho Code 39-5903
  • Applicant: means a health care facility that seeks to employ a physician and is requesting state support of a J-1 visa waiver or national interest waiver. See Idaho Code 39-6105
  • Applicant: means any person, contractor, public utility, government, or other entity that is required to apply for an institutional controls program (ICP) permit. See Idaho Code 39-6803
  • Applicant: means the owner or the operator with the owner’s written consent. See Idaho Code 39-7403
  • Applicant: means the owner or the operator with the owner’s written consent. See Idaho Code 39-7903
  • Application period: means the time period from July 1 to August 30 of the state fiscal year for which funding is requested. See Idaho Code 39-5903
  • 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
  • Aquifer: means a geological formation, group of formations, or a portion of a formation capable of yielding significant quantities of ground water to wells or springs. See Idaho Code 39-7403
  • Aquifer: means a geological formation, group of formations, or a portion of a formation capable of yielding significant quantities of ground water to wells or springs. See Idaho Code 39-7903
  • Area of underservice: means a health professional shortage area in primary care or mental health, a medically underserved area, or a medically underserved population federally designated by the secretary of health and human services. See Idaho Code 39-6105
  • Arrest: Taking physical custody of a person by lawful authority.
  • ASME: means the American society of mechanical engineers. See Idaho Code 39-8603
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means aid in meeting daily living needs. See Idaho Code 39-9801
  • Authorized agencies: shall mean :
  • Idaho Code 41-291
  • Banking day: means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;
  • Idaho Code 28-4-104
  • Bar: means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where: (a) the service of food is incidental to the consumption of such beverages, or (b) no person under the age of twenty-one (21) years is permitted except as provided in section 23-943, Idaho Code, as it pertains to employees, musicians and singers, and all public entrances are clearly posted with signs warning patrons that it is a smoking facility and that persons under twenty-one (21) years of age are not permitted. See Idaho Code 39-5502
  • Barrier: means any physical structure, material, or mechanism that acts to break the pathway between contaminants and human receptors, including but not limited to soil, crushed aggregate/gravel, asphalt and Portland cement concrete, fences, walls, floors, ceilings, access restrictions, or other structure or covering that separates contaminants from contact with people or keeps contaminants in place. See Idaho Code 39-6803
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Basin: means the watershed of Coeur d’Alene Lake within the counties of Shoshone, Kootenai and Benewah in the state of Idaho. See Idaho Code 39-8103
  • basin project: means the environmental and natural resources restoration and related measures regarding heavy metal contamination in the basin undertaken by the commission. See Idaho Code 39-8103
  • 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.
  • Blood relative: means a person’s biologically related parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or first cousin. See Idaho Code 39-8302
  • Board: means the joint health care access and physician incentive grant review board. See Idaho Code 39-5903
  • Board: means the Idaho board of environmental quality. See Idaho Code 39-6803
  • Board: means the board of environmental quality. See Idaho Code 39-7203
  • Board: means the Idaho board of environmental quality. See Idaho Code 39-7403
  • Board: means the Idaho board of environmental quality. See Idaho Code 39-8803
  • Board of trustees: means the board of trustees established in section 41-4904, Idaho Code. See Idaho Code 39-8803
  • Bodily remains: means the physical remains, body parts or tissue of a deceased unborn infant who has been expelled or extracted from the infant’s mother. See Idaho Code 39-9303
  • Building construction: means construction activity to be performed for any new structure involving disturbance of soil in excess of one (1) cubic yard. See Idaho Code 39-6803
  • Building renovation: means construction activity to be performed on any existing structure involving ceiling or insulation removal, work in dirt crawl spaces or basements, or disturbance of soil in basements or crawl spaces in excess of one (1) cubic yard. See Idaho Code 39-6803
  • Business: means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities. See Idaho Code 39-5702
  • Certificate of public advantage: means a document issued by the attorney general to parties to a cooperative agreement, verifying that the attorney general declares that the purposes and objectives of the cooperative agreement meet the standards for such agreements set forth by statute. See Idaho Code 39-4902
  • Certified planner: means a person who has completed the nutrient management certification in accordance with the nutrient management standard. See Idaho Code 39-7903
  • Chambers: A judge's office.
  • Cigarette: means any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material, other than tobacco. See Idaho Code 39-8902
  • Citizens committee: means the committee named by the council consisting of members of the public. See Idaho Code 39-6602
  • Citizens committee: means the committee consisting of members of the public created pursuant to section 39-6704, Idaho Code, by an air quality council established under the provisions of this chapter. See Idaho Code 39-6705
  • City: means the city where the waste tire storage site is located. See Idaho Code 39-6501
  • Claim: means any claim by or on behalf of a natural person as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. See Idaho Code 39-8704
  • Clearing house: means an association of banks or other payors regularly clearing items;
  • Idaho Code 28-4-104
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial solid waste: means all types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes. See Idaho Code 39-7403
  • Commercial solid waste facility: means a facility owned and operated as an enterprise conducted with the intent of making a profit by any individual, association, firm, or partnership for the disposal of solid waste, but excludes a facility owned or operated by a political subdivision, state or federal agency, municipality or a facility owned or operated by any individual, association, firm or partnership exclusively for the disposal of solid waste generated by such individual, association, firm or partnership. See Idaho Code 39-7403
  • commission: means the entity organized by the authority of this chapter and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d’Alene tribe or the state of Washington to implement the basin project. See Idaho Code 39-8103
  • Commissioner: means a member of the board of commissioners of the basin environmental improvement project commission. See Idaho Code 39-8103
  • Committee: means the state hazardous waste management planning committee created in section 39-5805, Idaho Code. See Idaho Code 39-5803
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Community health screening event: means an event sponsored by a school, a church, a civic club or another community organization for the purpose of providing health screenings by health care providers who are not compensated for their volunteer service at the event. See Idaho Code 39-7702
  • Compensation: means any remuneration, whether by way of salary, fee or otherwise, for health care services rendered. See Idaho Code 39-7702
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complication: means any of the following, if it constitutes an abnormal or a deviant process or event arising from the performance or completion of an abortion:
  • Idaho Code 39-9503
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Contaminants: means soil or other material containing, or likely to contain, concentrations of lead, arsenic, or cadmium as identified in the standards for contaminant management pursuant to this chapter. See Idaho Code 39-6803
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conveyance: includes elevators, escalators, moving walks, platform lifts, material lifts, and dumbwaiters. See Idaho Code 39-8603
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative agreement: means a written agreement between two (2) or more health care providers for the sharing, allocation or referral of patients, or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic, therapeutic or procedures or other services customarily offered by health care providers. See Idaho Code 39-4902
  • 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.
  • Council: means the Idaho council on domestic violence and victim assistance created in section 39-5203, Idaho Code. See Idaho Code 39-5202
  • Council: means the "Big Payette Lake Water Quality Council" established in this chapter. See Idaho Code 39-6602
  • Council: means a regional air quality council established pursuant to this chapter. See Idaho Code 39-6705
  • County: means the county where the waste tire storage site is located. See Idaho Code 39-6501
  • County: means any county in the state of Idaho. See Idaho Code 39-7403
  • County: means any county in the state of Idaho. See Idaho Code 39-7903
  • Cover material: means soil or other suitable material that is used to protect the active portion of the MSWLF unit. See Idaho Code 39-7403
  • Crisis line: means an emergency twenty-four (24) hour telephone service staffed by persons able to provide information and referral to community services. See Idaho Code 39-5202
  • Customer: means any person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;
  • Idaho Code 28-4-104
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delivery sale: means to distribute tobacco products or electronic smoking devices to a consumer in a state where either:
  • Idaho Code 39-5702
  • Delivery service: means any person who is engaged in the commercial delivery of letters, packages or other containers. See Idaho Code 39-5702
  • Department: means the department of health and welfare. See Idaho Code 39-4703
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-5102
  • Department: means the department of health and welfare of the state of Idaho. See Idaho Code 39-5602
  • Department: means the state department of health and welfare or its duly authorized representative. See Idaho Code 39-5702
  • Department: means the department of environmental quality. See Idaho Code 39-5803
  • Department: means the department of health and welfare. See Idaho Code 39-5903
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-6105
  • Department: means the department of environmental quality. See Idaho Code 39-6501
  • Department: means the Idaho department of environmental quality. See Idaho Code 39-6803
  • Department: means the department of environmental quality. See Idaho Code 39-7203
  • Department: means the Idaho department of environmental quality. See Idaho Code 39-7903
  • Department: means the Idaho department of environmental quality. See Idaho Code 39-8803
  • Department: means the state department of health and welfare. See Idaho Code 39-9503
  • Dependent: A person dependent for support upon another.
  • 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.
  • design value: means the statistic that describes the air quality status of a given location relative to the level of the national ambient air quality standards. See Idaho Code 39-6705
  • Designee: means the entity responsible for implementing the requirements of this chapter as identified by the department through a formal agreement. See Idaho Code 39-6803
  • Developed recreation areas: means commercial and public recreation areas containing constructed features such as boat ramps, picnic areas, and campgrounds outside the city limits of incorporated communities in the Coeur d’Alene river corridor as defined under ICP administrative area for OU-3. See Idaho Code 39-6803
  • Developmental disability: means a chronic disability of an individual which appears before the age of twenty-two (22) years of age and:
  • Idaho Code 39-5102
  • Devise: To gift property by will.
  • Director: means the director of the Idaho department of health and welfare. See Idaho Code 39-5102
  • Director: means the director of the department of health and welfare. See Idaho Code 39-5602
  • Director: means the director of the department of environmental quality. See Idaho Code 39-5803
  • Director: means the director of the department of health and welfare. See Idaho Code 39-5903
  • Director: means the director of the Idaho department of environmental quality. See Idaho Code 39-6803
  • Director: means the director of the Idaho department of environmental quality. See Idaho Code 39-7403
  • Director: means the director of the Idaho department of environmental quality or his designee. See Idaho Code 39-7903
  • Director: means the director of the Idaho department of environmental quality. See Idaho Code 39-8803
  • 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:
  • Disposal: means the placement of contaminants into an authorized repository. See Idaho Code 39-6803
  • Disposal facility: means a facility or a part of a facility at which managed hazardous waste, as defined by rule, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure. See Idaho Code 39-5803
  • Dispose: means to drop, deposit, dump, spill or permanently place any waste tire onto or under the ground or into the waters of this state, or to own or control property where waste tires are dropped, deposited, dumped, spilled or permanently placed onto or under the ground or into the waters of this state. See Idaho Code 39-6501
  • Distribute: means to give, deliver, sell, offer to give, offer to deliver, offer to sell or cause any person to do the same or hire any person to do the same. See Idaho Code 39-5702
  • Division: means the Idaho division of occupational and professional licenses. See Idaho Code 39-8603
  • DNA: means deoxyribonucleic acid, ribonucleic acid and chromosomes which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis. See Idaho Code 39-8302
  • DNA sample: means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen. See Idaho Code 39-8302
  • Documentary draft: means a draft to be presented for acceptance or payment if specified documents, certificated securities (section 28-8-102) or instructions for uncertificated securities (section 28-8-102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;
  • Idaho Code 28-4-104
  • Domestic violence: means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member. See Idaho Code 39-5202
  • Donor: The person who makes a gift.
  • Draft: means a draft as defined in section 28-3-104 or an item, other than an instrument, that is an order;
  • Idaho Code 28-4-104
  • Drawee: means a person ordered in a draft to make payment;
  • Idaho Code 28-4-104
  • Driver: means every person who drives or is in actual physical control of a vehicle. See Idaho Code 39-4703
  • Elevator: means a hoisting or lowering machine equipped with a car or platform that moves in guides and services two (2) or more floors or landings of a building or structure. See Idaho Code 39-8603
  • Eligible properties: means residential properties and commercial properties within the institutional controls administrative areas for OU-1 and OU-2 that were maintained properties when the ROD for the OU was established, or maintained properties in OU-3 and existing as of March 27, 2007, and requiring remediation, but not yet remediated. See Idaho Code 39-6803
  • Eligible property owner: means any individual, association, partnership, firm, joint stock company, trust, estate, private corporation, or any other nonpublic entity that is the current owner of a contaminated property, but that did not cause, contribute, or consent to the release that led to the contamination or own the property at the time of the release that led to the contamination. See Idaho Code 39-7203
  • Emergency: means a release or threat of release that, in the reasonable judgment of the local emergency response authority in consultation with the office, threatens immediate harm to the environment or the health and safety of any individual and that requires immediate action for the containment or control of a hazardous or potentially hazardous substance to prevent, minimize or mitigate harm to the public health, safety or the environment which may result if action is not taken. See Idaho Code 39-7103
  • Emergency medical responder: means :
  • Idaho Code 39-4703
  • Employer: means any person, partnership, limited liability company, association, corporation or nonprofit entity that employs one (1) or more persons, including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government. See Idaho Code 39-5502
  • Employer: means any person, partnership, limited liability company, association, corporation, labor organization, employment agency or nonprofit entity that employs five (5) or more persons including relatives, and including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government. See Idaho Code 39-8302
  • Employment contract: means a legally binding agreement between the applicant and the physician named in the J-1 visa waiver or national interest waiver application that contains all terms and conditions of employment, including but not limited to the salary, benefits, length of employment and any other consideration owing under the agreement. See Idaho Code 39-6105
  • 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.
  • 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
  • Escalator: means a power-driven, inclined, continuous stairway used for raising and lowering passengers. See Idaho Code 39-8603
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Essential caregiver: means a person or persons designated by a patient or resident to visit the patient or resident in person at a facility. See Idaho Code 39-9801
  • 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.
  • Excavation: means any digging, breaching, or disruption of soil or other protective barrier, not including cultivation of agricultural lands and gardens or mining activities regulated under other state and federal programs, that may release or expose contaminants to the environment. See Idaho Code 39-6803
  • Executive director: means the executive director of the basin environmental improvement project commission. See Idaho Code 39-8103
  • Existing installation: means an installation that has been completed or upon which construction was commenced prior to July 1, 2004. See Idaho Code 39-8603
  • Existing waste tire storage site: means any property storing waste tires prior to recycle, reuse, or final disposal as of July 1, 2003, regardless of whether the owner or operator possesses a permit or other written city or county authorization authorizing the storage of waste tires at the property. See Idaho Code 39-6501
  • experimentation: means the use of bodily remains, including embryonic stem cells, or the use of an unborn infant intended to be aborted, in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis, but does not include:
  • Idaho Code 39-9303
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means all contiguous land and structures, buffer zones, and other appurtenances and improvements on the land used for the disposal of solid waste. See Idaho Code 39-7403
  • Facility: means any place, site or location or part thereof where swine are kept, handled, housed, or otherwise maintained and includes, but is not limited to, all buildings, lots, pens, animal waste management systems, structures, and other appurtenances and improvements on the land. See Idaho Code 39-7903
  • Facility: means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical center or other institution or location where medical care is provided to any person. See Idaho Code 39-9503
  • Facility: means an institution providing health care services, a health care setting, or a setting in which to receive assistance, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, nursing facilities, skilled nursing centers, residential treatment centers, rehabilitation and other therapeutic health settings, or assisted living facilities. See Idaho Code 39-9801
  • 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.
  • Family: means a group of interdependent persons residing in the same household and includes an individual with a developmental disability and one (1) or more of the following:
  • Idaho Code 39-5102
  • Family or household member: means one who is related by blood, marriage, or who resides or has resided with or has been married to the person committing the domestic violence. See Idaho Code 39-5202
  • Federal fiscal year: means the twelve (12) months that commence the first day of October in each year and close on the thirtieth day of September of the following year. See Idaho Code 39-6105
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fetal death: means the death of an unborn infant prior to expulsion or extraction from the unborn infant’s mother, provided that the unborn infant reached a stage of development such that there are cartilaginous structures or fetal or skeletal parts. See Idaho Code 39-9303
  • Fiduciary: A trustee, executor, or administrator.
  • Final disposition: means the burial, cremation or other legal disposition of a deceased unborn infant. See Idaho Code 39-9303
  • Financial loss: includes , but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs and claims payments. See Idaho Code 41-291
  • financing authority: means the entity established by the authority of this chapter, and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d’Alene tribe or the state of Washington to accept and invest funds and finance the activities of the basin project. See Idaho Code 39-8103
  • Fiscal intermediary agency: means an entity that provides services that allow the participant receiving personal assistance services, or his designee or legal representative, to choose the level of control he will assume in recruiting, selecting, managing, training and dismissing his personal assistant and over the manner in which services are delivered. See Idaho Code 39-5602
  • 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.
  • Flex: means the applications that may be submitted six (6) months following the beginning of each federal fiscal year for J-1 visa waiver physicians to work in areas without a federal shortage area designation. See Idaho Code 39-6105
  • Food: means :
  • Idaho Code 39-8704
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Free medical clinic: means a facility other than a hospital or health care provider’s office which is an organized community-based program, registered with the department of health and welfare, at which primary medical care is provided without charge to individuals unable to pay for it, and at which the care provided does not include the use of general anesthesia or require an overnight stay in a health care facility. See Idaho Code 39-7702
  • Full time: means a working week of a minimum of forty (40) hours at one (1) or more health care facilities. See Idaho Code 39-6105
  • Generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption: means an obesity-related condition generally known to result or to likely result from the cumulative effect of consumption and not from a single instance of consumption. See Idaho Code 39-8704
  • genetic test: means the testing or analysis of an identifiable individual’s DNA that results in information that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Idaho Code 39-8302
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant period: means the time immediately following the application period from July 1 through June 30 (state fiscal year) for which funding is granted. See Idaho Code 39-5903
  • Grantor: The person who establishes a trust and places property into it.
  • Ground water: means water below the land surface in a zone of saturation. See Idaho Code 39-7403
  • Ground water: means water below the land surface in a zone of saturation. See Idaho Code 39-7903
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous substance: means :
  • Idaho Code 39-7103
  • Hazardous substance: has the meaning set forth in section 101(14) of the comprehensive environmental, response, compensation and liability act (CERCLA), 42 U. See Idaho Code 39-7203
  • Hazardous substance incident: means an emergency circumstance requiring a response by the state emergency response team or the local emergency response authority to monitor, assess and evaluate a release or threat of a release of a hazardous or potentially hazardous substance. See Idaho Code 39-7103
  • Health care facility: means an entity with an active Idaho taxpayer identification number doing business or proposing to do business in the practice location where the physician would be employed, whose stated purposes include the delivery of primary medical or mental health care. See Idaho Code 39-6105
  • Health care provider: means any person or health care facility licensed, registered, certified, permitted or otherwise officially recognized by the state to provide health care services in this state; or, in the case of a freestanding outpatient facility, one for which a facility fee is charged for health care services performed within. See Idaho Code 39-4902
  • Health care provider: means any physician, dentist, optometrist, physician assistant, nurse, or other person who is licensed, certified, or registered under title 54, Idaho Code, to provide health care or other professional services or who is otherwise authorized to practice in Idaho. See Idaho Code 39-7702
  • Health care services: means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. See Idaho Code 39-9801
  • Health district: means one (1) of the seven (7) district health departments of the state of Idaho. See Idaho Code 39-7403
  • Health screening: means an examination, an evaluation or another health care assessment of a person by a licensed health care provider practicing within the provider’s scope of practice to determine the fitness of an individual to participate in an event or activity or to determine whether an individual needs additional health care evaluation or treatment. See Idaho Code 39-7702
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Holocene fault: means a fault characterized as a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side and holocene being the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present. See Idaho Code 39-7403
  • Holocene fault: means a fault characterized as a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side and holocene being the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present. See Idaho Code 39-7903
  • Hospital: means any institution licensed as a hospital pursuant to chapter 13, title 39, Idaho Code. See Idaho Code 39-9503
  • Household waste: means any solid waste, including garbage, trash and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas. See Idaho Code 39-7403
  • ICP permit: means a permit for the contaminant management authorization for projects subject to this chapter. See Idaho Code 39-6803
  • Immunity: means that no civil action may arise against any person for furnishing information pursuant to section 41-248, 41-258, 41-290, 41-292, 41-296 or 41-297, Idaho Code, where actual malice on the part of the insurance company, department of insurance, state fire marshal, authorized agency, their employees or agents, is not present. See Idaho Code 41-291
  • In-home assistance application: means a written document describing the needs of an individual with developmental disabilities and specifying the services or supports required. See Idaho Code 39-5102
  • 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
  • Individual: means the person from whose body the DNA sample originated. See Idaho Code 39-8302
  • Individual service plan: means a document which outlines all services including, but not limited to, personal assistance services and IADLs, required to maintain the individual in his or her home and community. See Idaho Code 39-5602
  • Industrial solid waste: means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under subtitle C of RCRA. See Idaho Code 39-7403
  • Infrastructure: means facilities such as trails, roads, streets, highways, and bridges; stormwater, drinking water, and wastewater systems; flood prevention systems, including dikes and levees; and utilities, including electrical power and natural gas systems. See Idaho Code 39-6803
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installation: means a complete conveyance including any hoistway, hoistway enclosures and related construction and all machinery and equipment for its operation. See Idaho Code 39-8603
  • Institution: means any public or private residential facility which is licensed in the state of Idaho for the purpose of providing care and treatment for individuals with developmental disabilities. See Idaho Code 39-5102
  • Insurer: shall mean any insurance company contemplated by title 41, Idaho Code, any business operating as a self-insured for any purpose, the state insurance fund, and any self-insured as contemplated by title 72, Idaho Code. See Idaho Code 41-291
  • Intellectual disability: means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two (2) of the following skill areas: communication, self-care, home living, social or interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. See Idaho Code 73-114
  • 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
  • Interested government agency: means an agency that has the authority from the United States department of state to submit requests for J-1 visa waivers of foreign physician petitioners on behalf of public interest. See Idaho Code 39-6105
  • Item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Idaho Code 28-4-104
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • 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.
  • Lake: means the Big Payette Lake and its watershed which shall include all tributaries, and small lakes on those tributaries, to the North Fork of the Payette River above Big Payette Lake. See Idaho Code 39-6602
  • Land application: means the spreading on or incorporation of animal waste into the soil mantle primarily for beneficial purposes. See Idaho Code 39-7903
  • land application unit: means a facility that applies sludges or other solid wastes onto or incorporates solid waste into the soil surface, excluding manure spreading operations, at greater than agronomic rates and soil conditioners and immobilization rates. See Idaho Code 39-7403
  • Landfill: means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well or waste pile. See Idaho Code 39-7403
  • Lateral expansion: means a horizontal expansion of the waste boundaries of an existing MSWLF unit. See Idaho Code 39-7403
  • Leachate: means a liquid that has passed through or emerged from solid waste and contains soluble, suspended or miscible materials removed from such waste. See Idaho Code 39-7403
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local emergency response authority: means those persons designated under section 39-7105, Idaho Code, by the city, county, or the military division to be first responders to hazardous substance incidents. See Idaho Code 39-7103
  • Maintenance: means a process of routine examination, lubrication, cleaning, adjustment, and replacement of parts for the performance in accordance with applicable code requirements. See Idaho Code 39-8603
  • Major alteration: means any change to equipment or other maintenance, repair or replacement where work is defined by any applicable code requirement. See Idaho Code 39-8603
  • Manufacturer: means :
  • Idaho Code 39-8902
  • Medical practitioner: means a licensed medical care provider capable of making a diagnosis within the scope of such provider’s license. See Idaho Code 39-9503
  • Medically underserved area: means a geographic area which the U. See Idaho Code 39-5903
  • Military division: means the military division of the office of the governor. See Idaho Code 39-7103
  • Mining activities: means the recovery of a mineral from mineral-bearing deposits, which includes reclamation, extraction, excavation, overburden placement, disposal of tailings resulting from processing, and disposal of mineral extraction wastes, including tailings that are the result of extraction, waste rock, and other extraction wastes uniquely associated with mining. See Idaho Code 39-6803
  • Minor: means a person under twenty-one (21) years of age. See Idaho Code 39-5702
  • Miscarriage: means the spontaneous or accidental death of an unborn infant in utero other than by induced abortion or stillbirth. See Idaho Code 39-9303
  • Modernization: means the replacing or upgrading of any major operating component(s) of a conveyance. See Idaho Code 39-8603
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • 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.
  • Motor vehicle: means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include bicycles. See Idaho Code 39-6501
  • Moving walks: means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted. See Idaho Code 39-8603
  • National interest waiver: means an exemption from the labor certification process administered by the United States department of labor for foreign physicians whose will to stay in the United States and work in an area of underservice in Idaho is determined to be in the public interest by the Idaho department of health and welfare. See Idaho Code 39-6105
  • New start: means a health care facility, as defined in subsection (8) of this section, that has been in existence for twelve (12) months or less. See Idaho Code 39-6105
  • New waste tire storage site: means any property that is not storing waste tires as of July 1, 2003, and applies for and receives a permit or other written city or county authorization to store waste tires prior to recycle, reuse or final disposal on or after July 1, 2003. See Idaho Code 39-6501
  • Nurse practitioner: means a health care provider licensed pursuant to chapter 14, title 54, Idaho Code. See Idaho Code 39-5903
  • Nutrient management plan: means a plan prepared in compliance with the nutrient management standard or other equally protective standard approved by the director for managing the amount, source, placement, form and timing of the land application of nutrients and soil amendments for plant production and to minimize the potential for environmental degradation, particularly of water quality. See Idaho Code 39-7903
  • Nutrient management standard: means the standard of the United States department of agriculture, natural resource conservation service code 590 or the Idaho agricultural pollution abatement plan, nutrient management standard component practice. See Idaho Code 39-7903
  • Oath: A promise to tell the truth.
  • 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.
  • Office: means the Idaho office of emergency management within the military division. See Idaho Code 39-7103
  • On-site: means on the same or geographically contiguous property that may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing rather than going along the right-of-way. See Idaho Code 39-5803
  • One-time animal unit capacity: means the maximum number of animal units that a facility is capable of housing at any given point in time. See Idaho Code 39-7903
  • Operate: means to confine, feed, propagate, house or otherwise sustain swine. See Idaho Code 39-7903
  • Operator: means the person responsible for the overall operation of a disposal, treatment or storage facility with approval of the director either by contract or permit. See Idaho Code 39-5803
  • Operator: means any person presently, or who was during any period of waste tire storage or disposal, in control of, or having responsibility for a waste tire storage site or a waste tire disposal site. See Idaho Code 39-6501
  • Operator: means the person(s) responsible for the overall operation of a facility or part of a facility. See Idaho Code 39-7403
  • Operator: means the person(s) responsible for the overall operation of a facility or part of a facility. See Idaho Code 39-7903
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • other obligations: means any bonds, notes, debentures, interim certificates or other evidence of financial indebtedness issued by the financing authority pursuant to this chapter. See Idaho Code 39-8103
  • Other responder: means a firefighter, peace officer, or other law enforcement personnel on the scene. See Idaho Code 39-4703
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who owned a waste tire storage site or disposal site at any time waste tires are stored or disposed at the property, and the current owner of the waste tire storage site or waste tire disposal site. See Idaho Code 39-6501
  • Owner: means any person, partnership, or corporation having ownership, title, or dominion over property for which an ICP permit is required. See Idaho Code 39-6803
  • Owner: means the person(s) who owns a facility or part of a facility. See Idaho Code 39-7403
  • Owner: means the person(s) who owns a facility or part of a facility. See Idaho Code 39-7903
  • Owner: includes the designated agent or representative of the owner. See Idaho Code 39-8603
  • Panel: means the site review panel created in section 39-5812, Idaho Code. See Idaho Code 39-5803
  • participant: means an individual determined eligible by the department for Idaho medicaid services, as authorized by title XIX, of the social security act, as amended. See Idaho Code 39-5602
  • 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.
  • Pathological: means the examination of body tissue for diagnostic or forensic purposes and any related activities necessary to perform such a study. See Idaho Code 39-9303
  • patient: means an individual who has a terminal illness and has:
  • Idaho Code 39-9403
  • Patient: means a person receiving health care services at a facility. See Idaho Code 39-9801
  • PCS family alternate care provider: means an individual licensed by the department to provide personal care services to one (1) or two (2) children who are unable to reside in their own home and require assistance with medically oriented tasks related to the child’s physical or functional needs. See Idaho Code 39-5602
  • Peace officer: means any employee of a police or law enforcement agency that is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic, or highway laws of this state or any political subdivision of this state. See Idaho Code 39-4703
  • Permeability: means the capacity of a material to transmit a liquid. See Idaho Code 39-7403
  • Permit: means a permit issued by the department for the sale or distribution of tobacco products or electronic smoking devices. See Idaho Code 39-5702
  • Permit: when used as a noun means a permit issued by the director pursuant to rules of the department. See Idaho Code 39-7903
  • Permittee: means the holder of a valid permit for the sale or distribution of tobacco products or electronic smoking devices. See Idaho Code 39-5702
  • Person: means an individual, public or private corporation, partnership, association, firm, joint stock company, joint venture, trust, estate, municipality, commission, political subdivision of the state, state or federal agency, department or instrumentality, special district, interstate body or any legal entity, which is recognized by law as the subject of rights and duties. See Idaho Code 39-6501
  • Person: means any individual, public or private corporation, partnership, joint venture, association, firm, trust, estate, the United States or any department, institution, or agency thereof, the state or any department, institution, or agency thereof, any municipal corporation, county, city, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. See Idaho Code 39-7103
  • Person: means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties. See Idaho Code 39-7203
  • Person: means an individual, association, firm, partnership, political subdivision, public or private corporation, state or federal agency, municipality, industry, or any other legal entity whatsoever. See Idaho Code 39-7403
  • Person: means an individual, association, firm, partnership, political subdivision, public or private corporation, state or federal agency, municipality, industry or any other legal entity whatsoever, and includes owners and operators. See Idaho Code 39-7903
  • Person: means any person, organization or entity other than the individual. See Idaho Code 39-8302
  • Person: means any individual, partnership, corporation, firm, association, governmental subdivision or agency, public or private organization or other legal entity. See Idaho Code 39-8704
  • Person: means a natural person, company, corporation, unincorporated association, partnership, professional corporation and any other legal entity. See Idaho Code 41-291
  • person: includes a corporation as well as a natural person;
  • Idaho Code 73-114
  • Personal assistance agency: means an entity that recruits, hires, fires, trains, supervises, schedules, oversees quality of work, takes responsibility for services provided, provides payroll and benefits for personal assistants working for them, is the employer of record and in fact. See Idaho Code 39-5602
  • Personal assistance services: includes both attendant care services and personal care services and means services that involve personal and medically oriented tasks dealing with the functional needs of the participant and accommodating the participant’s needs for long-term maintenance, supportive care or IADLs. See Idaho Code 39-5602
  • Personal assistant: means an individual who directly provides personal assistance services. See Idaho Code 39-5602
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Petitioning physician: means the foreign physician, named in the J-1 visa waiver or national interest waiver application, who requires a waiver to remain in the United States to practice medicine. See Idaho Code 39-6105
  • Petroleum: includes petroleum asphalt and crude oil or any part of petroleum asphalt or crude oil that is liquid at standard conditions of temperature and pressure (sixty (60) degrees Fahrenheit and fourteen and seven-tenths (14. See Idaho Code 39-7203
  • Photographic identification: means state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport. See Idaho Code 39-5702
  • Physician assistant: means a health care provider licensed pursuant to chapter 18, title 54, Idaho Code. See Idaho Code 39-5903
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the state hazardous waste management plan prepared under the provisions of section 39-5806, Idaho Code. See Idaho Code 39-5803
  • Plan: means the comprehensive water quality management plan for the lake to be developed after the initial study, and as modified over time. See Idaho Code 39-6602
  • Plan of operation: means the written plan developed by an owner or operator of a MSWLF unit detailing how the facility is to be operated during its active life, during closure, and throughout the post closure period. See Idaho Code 39-7403
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Point of compliance: means a vertical surface located at the hydraulically downgradient intercept with the uppermost aquifer at which a release from a waste management unit measured as change in constituent values will trigger assessment monitoring. See Idaho Code 39-7403
  • Pollution: means water pollution as defined in section 39-103, Idaho Code. See Idaho Code 39-6602
  • Post closure: means the requirements placed upon the MSWLF unit after closure to ensure their environmental safety for a thirty (30) year period or until the site becomes stabilized in accordance with section 39-7416, Idaho Code. See Idaho Code 39-7403
  • Potentially hazardous substance: means any substance which in the reasonable judgment of the local emergency response authority in consultation with the office is likely a hazardous substance. See Idaho Code 39-7103
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means a licensee of this state authorized to practice medicine and surgery, psychology, chiropractic, law or any other licensee of the state whose services are compensated, directly or indirectly, by insurance proceeds, or a licensee similarly licensed in other states and nations or the practitioner of any nonmedical treatment rendered in accordance with a recognized religious method of healing. See Idaho Code 41-291
  • 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.
  • pregnancy: means the reproductive condition of having an unborn child in the uterus. See Idaho Code 39-9503
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Primary care: means a medical doctor or doctor of osteopathy licensed in pediatrics, family medicine, internal medicine, obstetrics, gynecology, general surgery or psychiatry. See Idaho Code 39-6105
  • Private emergency response plan: means a plan designed to respond to emergency releases of hazardous or potentially hazardous substances at a specific facility or under a specific set of conditions. See Idaho Code 39-7103
  • Private genetic information: means any information about an identifiable individual that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained from a genetic test or analysis of the individual’s DNA or from a genetic test or analysis of a person’s DNA of whom the individual is a blood relative. See Idaho Code 39-8302
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process wastewater: means any water used in the facility that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of swine and any products directly or indirectly used in the operation of a facility, such as spillage or overflow from animal watering systems; washing, cleaning, or flushing pens, barns, manure pits, or spray cooling of animals; and dust control and any precipitation which comes into contact with animals or animal waste. See Idaho Code 39-7903
  • Processing: means an operation conducted on solid waste to prepare it for disposal. See Idaho Code 39-7403
  • Program: means all the actions to be performed by the council pursuant to this chapter. See Idaho Code 39-6602
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a personal assistance agency, a fiscal intermediary agency or a PCS family alternate care provider. See Idaho Code 39-5602
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public meeting: means all meetings open to the public. See Idaho Code 39-5502
  • Public place: means any enclosed indoor place of business, commerce, banking, financial service or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the public place have general and regular access or which the public uses including:
  • Idaho Code 39-5502
  • Publicly-owned building or office: means any enclosed indoor place or portion of a place owned, leased or rented by any state, county or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, municipal or county taxes. See Idaho Code 39-5502
  • QEI: means a person who is currently certified by the National Association of Elevator Safety Authorities International (NAESA International) accredited certifying organization as meeting the requirements of the ASME QEI-1 Standard for the Qualification of Elevator Inspectors and who is employed by or under contract to the division of occupational and professional licenses. See Idaho Code 39-8603
  • Qualified medical education debt: means a debt with a financial aid program or financial institution incurred to meet the educational costs of attending a medical school. See Idaho Code 39-5903
  • Qualified professional: means a licensed professional geologist or licensed professional engineer, as appropriate, holding current professional registration in compliance with applicable provisions of the Idaho Code. See Idaho Code 39-7403
  • Qualifying remediation costs: means reasonable costs incurred performing remediation activities integral to achieving the cleanup goals identified in a remediation work plan approved by the department. See Idaho Code 39-7203
  • Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See Idaho Code 39-8902
  • Quorum: The number of legislators that must be present to do business.
  • Random unannounced inspection: means an inspection of retail outlets by a law enforcement agency or by the department, with or without the assistance of a minor, to monitor compliance of this chapter. See Idaho Code 39-5702
  • RCRA: means the resource conservation and recovery act (42 U. See Idaho Code 39-7403
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record of compliance: means the record maintained pursuant to this chapter for small projects. See Idaho Code 39-6803
  • 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
  • Refuge: means a place available on a twenty-four (24) hour, seven (7) days a week basis, to provide temporary residence to victims of domestic violence and their children. See Idaho Code 39-5202
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Release: means any excavation, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing of contaminants into the environment. See Idaho Code 39-6803
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, dumping or disposing of a hazardous or potentially hazardous substance, or the threat of the same, into the environment. See Idaho Code 39-7103
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discarding of barrels, containers, or other closed receptacles containing any hazardous substance or petroleum. See Idaho Code 39-7203
  • Relevant: means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence. See Idaho Code 41-291
  • 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.
  • Remediation: means any of the following:
  • Idaho Code 39-7203
  • Repair: means the process of rehabilitation, upgrading or replacement of parts that are basically the same as the originals for the purpose of ensuring performance in accordance with the applicable code requirements. See Idaho Code 39-8603
  • Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time. See Idaho Code 39-8902
  • Replacement: means the substitution of a device or component in its entirety with a new unit that is basically the same as the original for the purpose of ensuring performance in accordance with the applicable code requirements. See Idaho Code 39-8603
  • Repository: means an authorized disposal location for contaminants that has been established by the department and the United States environmental protection agency. See Idaho Code 39-6803
  • Representative: means an employee of the department of health and welfare. See Idaho Code 39-5602
  • 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.
  • Resident: means a person receiving assistance at a facility. See Idaho Code 39-9801
  • Restaurant: means an eating establishment including, but not limited to, coffee shops, cafes, cafeterias, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. See Idaho Code 39-5502
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail dealer: means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See Idaho Code 39-8902
  • Retail tire dealer: means any person actively engaged in the business of selling new, used, or retread replacement tires at the retail level. See Idaho Code 39-6501
  • ROD: means the decision document identifying the selected remedy under CERCLA. See Idaho Code 39-6803
  • Run-off: means any rainwater, leachate, or other liquid that drains over land from any part of a facility. See Idaho Code 39-7403
  • Run-on: means any rainwater, leachate, or other liquid that drains over land onto any part of a facility. See Idaho Code 39-7403
  • Runner: means a person who procures, or persons working in conjunction with each other who procure, clients at the direction of, or in cooperation with, a person who, with the intent to deceive or defraud, performs or obtains a service or benefit under a contract of insurance or asserts a claim against an insured. See Idaho Code 41-291
  • Rural health care access and physician incentive program: means the program that administers the rural health care access and physician incentive funds. See Idaho Code 39-5903
  • Rural health care access grant: means a grant awarded pursuant to this chapter. See Idaho Code 39-5903
  • Rural physician incentive fee: means the fee assessed by the state to students preparing to be physicians in the fields of medicine or osteopathic medicine who are supported by the state pursuant to an interstate compact for professional education in those fields, as those fields are defined by the compact. See Idaho Code 39-5903
  • Rural physician incentive fund: means the special revenue account in the state treasury created pursuant to section 39-5902, Idaho Code, relating to the rural health care access and physician incentive grant program. See Idaho Code 39-5903
  • Safe haven: means :
  • Idaho Code 39-8202
  • Safe house: means a place available on an as needed basis for temporary residence to victims of domestic violence and their children. See Idaho Code 39-5202
  • Sale: means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. See Idaho Code 39-8902
  • seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
  • Seller: means the person who physically sells or distributes tobacco products or electronic smoking devices. See Idaho Code 39-5702
  • Service coordination: means a case management activity that assists individuals eligible for medicaid in gaining and coordinating access to necessary care and services appropriate to the needs of the individual. See Idaho Code 39-5602
  • 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.
  • Site: means the geographic area that includes the institutional controls administrative areas for OU-1, OU-2, and OU-3 within the Bunker Hill superfund site. See Idaho Code 39-6803
  • Site: means a parcel of real estate for which an application has been submitted under section 39-7204, Idaho Code. See Idaho Code 39-7203
  • Sludge: means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial waste water treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a waste water treatment plant. See Idaho Code 39-7403
  • Small project: means a project where less than one (1) cubic yard of soil containing contaminants is disturbed or means interior work that is not building renovation. See Idaho Code 39-6803
  • Smoking: includes the possession of any lighted tobacco product in any form. See Idaho Code 39-5502
  • Solid waste: means any garbage or refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U. See Idaho Code 39-7403
  • Specialist: means a medical doctor or doctor of osteopathy in any specialty or subspecialty other than pediatrics, family medicine, internal medicine, obstetrics, gynecology, general surgery or psychiatry. See Idaho Code 39-6105
  • Specified regional area: means a county or counties, or a defined geographical area, where air quality is threatened. See Idaho Code 39-6705
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • State emergency response team: means one (1) of the state emergency response teams authorized by the military division to respond to hazardous substance incidents. See Idaho Code 39-7103
  • Statement: includes , but is not limited to, any of the following regardless of how it is made and in what format it is contained:
  • Idaho Code 41-291
  • Statistically significant: means significant as determined by ANOVA analysis of variance as applied within 40 C. See Idaho Code 39-7403
  • Statute: A law passed by a legislature.
  • storage: means to accumulate more than two hundred (200) waste tires at any time, in a manner that does not constitute final disposal at a waste tire disposal site, or to own or control property on which more than two hundred (200) waste tires accumulate at any given time, in a manner that does not constitute final disposal at a waste tire disposal site. See Idaho Code 39-6501
  • Storage facility: means a facility or part of a facility at which managed hazardous waste, as defined by rule and regulation, is subject to storage. See Idaho Code 39-5803
  • Study: means the comprehensive, scientifically-based study of water quality in the lake. See Idaho Code 39-6602
  • Study: means the comprehensive, scientifically based study of air quality in a specified regional area. See Idaho Code 39-6705
  • study: includes any study or test, genetic or otherwise, to determine paternity or the cause of death. See Idaho Code 39-9303
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Technical committee: means the advisory committee named by the council pursuant to this chapter. See Idaho Code 39-6602
  • Technical professional: means a professional geologist or professional engineer registered in the state of Idaho. See Idaho Code 39-7203
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Terminal illness: means a progressive disease or medical or surgical condition that:
  • Idaho Code 39-9403
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Threat of release: means the release of a hazardous or potentially hazardous substance is likely. See Idaho Code 39-7103
  • Tire: has the meaning provided in section 49-121, Idaho Code. See Idaho Code 39-6501
  • Tire retreader: means any person actively engaged in the business of retreading tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire. See Idaho Code 39-6501
  • Tobacco product or electronic smoking device: means :
  • Idaho Code 39-5702
  • 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.
  • transporting: means picking up or hauling waste tires. See Idaho Code 39-6501
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Underground storage tank system: means underground storage tank as defined by 42 U. See Idaho Code 39-8803
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unmet need: means a vacancy or shortage of primary care or specialist physicians experienced by a community or population, as defined by federally designated health professional shortage areas or medically underserved areas/populations or as demonstrated by additional data and information required by the department. See Idaho Code 39-6105
  • Uppermost aquifer: means the geological formation nearest the natural ground surface that is an aquifer as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility’s property boundary. See Idaho Code 39-7403
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Vacancy: means a full-time physician practice opportunity in the delivery of health care services. See Idaho Code 39-6105
  • vehicle: means every vehicle that is self-propelled and, for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. See Idaho Code 39-4703
  • Vendor-assisted sales: means any sale or distribution in which the customer has no access to the product except through the assistance of the seller. See Idaho Code 39-5702
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • Voluntary provision of health care services: means providing professional services by a health care provider without compensation. See Idaho Code 39-7702
  • Waste management unit boundary: means a vertical surface located at the hydraulically downgradient limit of the unit. See Idaho Code 39-7403
  • waste pile: means any noncontainerized solid, nonflowing waste that is accumulated for treatment or storage. See Idaho Code 39-7403
  • Waste tire: means a motor vehicle tire originally used for operation of a vehicle on a public roadway which is no longer suitable for its original intended purpose because of wear, damage or defect. See Idaho Code 39-6501
  • Waste tire disposal site: means a public or private municipal solid waste landfill operating in compliance with section 39-6503, Idaho Code. See Idaho Code 39-6501
  • Waste tire storage site: means a new or existing waste tire storage site. See Idaho Code 39-6501
  • Waters of the state: means all the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state. See Idaho Code 39-7903
  • Wholesale dealer: means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one (1) or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person. See Idaho Code 39-8902
  • Wholesale tire dealer: means any person engaged in the business of selling new replacement tires to tire retailers. See Idaho Code 39-6501
  • Without a permit: means a business that has failed to obtain a permit or a business whose permit is suspended or revoked. See Idaho Code 39-5702
  • Wrecking salvage business: means any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. See Idaho Code 39-6501
  • yellow dot program: means the program established pursuant to this chapter. See Idaho Code 39-4703