Idaho Code > Title 7 > Chapter 14 – Family Law License Suspensions
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Terms Used In Idaho Code > Title 7 > Chapter 14 - Family Law License Suspensions
- Actuarial certification: means a written statement by a member of the American academy of actuaries or other individual acceptable to the director that an individual carrier is in compliance with the provisions of section 41-5206, Idaho Code, based upon the person’s examination and including a review of the appropriate records and the actuarial assumptions and methods used by the individual carrier in establishing premium rates for applicable health benefit plans. See Idaho Code 41-5203
- 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 one (1) or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person. See Idaho Code 41-5203
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agent: means a producer as defined in section 41-1003(8), Idaho Code. See Idaho Code 41-5203
- 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.
- 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.
- 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.
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authorized consumptive use: means the maximum consumptive use that may be made of a water right. See Idaho Code 42-202B
- Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Idaho Code 28-7-102
- 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 , as to a rating period, the lowest premium rate charged or that could have been charged under a rating system by the individual carrier to individuals with similar case characteristics for health benefit plans with the same or similar coverage. See Idaho Code 41-5203
- 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
- Beneficiary: means a policyholder, subscriber, member, employer or other person who is eligible for benefits under a contract providing hospital, surgical, or medical expense coverage or a managed care organization policy or agreement under which a third party payer agrees to reimburse for covered health care services rendered to beneficiaries in accordance with the benefits contract. See Idaho Code 41-5601
- Board: means the board of directors of the Idaho individual high risk reinsurance pool established in this chapter and the Idaho small employer health reinsurance program established in section 41-4711, Idaho Code. See Idaho Code 41-5501
- Board: means the Idaho immunization assessment board created by section 41-6003, Idaho Code. See Idaho Code 41-6002
- Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. See Idaho Code 41-5802
- Carrier: means any entity that provides health insurance in this state. See Idaho Code 41-5203
- Carrier: means any entity that provides, or is authorized to provide, health insurance in this state. See Idaho Code 41-5501
- carrier: includes an insurance company, a hospital or professional service corporation, a fraternal benefit society, a managed care organization, entities that provide excess or stop-loss insurance, and persons or entities required to be registered with the director under chapter 9, title 41, Idaho Code. See Idaho Code 41-6002
- Carrier: means a person that issues a bill of lading. See Idaho Code 28-7-102
- Case characteristics: means demographic or other objective characteristics of an individual that are considered by the individual carrier in the determination of premium rates for the individual, provided that claim experience, health status and duration of coverage shall not be case characteristics for the purposes of this chapter. See Idaho Code 41-5203
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- CGAD: means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter. See Idaho Code 41-6402
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Idaho Code 28-7-102
- Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Idaho Code 28-7-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corrective order: means an order issued by the director specifying corrective actions which the director has determined are required. See Idaho Code 41-5401
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Department: means the department of insurance. See Idaho Code 41-5601
- Dependent: A person dependent for support upon another.
- Dependent: means a spouse, a child or any other individual listed as having coverage under the primary policy holder’s or subscriber’s health benefit plan. See Idaho Code 41-5501
- Devise: To gift property by will.
- Digital boundary: means the boundary encompassing and defining an area consisting of or incorporating the place of use or permissible place of use for a water right prepared and maintained by the department of water resources using a geographic information system in conformance with the national standard for spatial data accuracy or succeeding standard. See Idaho Code 42-202B
- Director: means the director of the department of insurance of the state of Idaho. See Idaho Code 41-5203
- Director: means the director of the department of insurance of the state of Idaho. See Idaho Code 41-5501
- Director: means the director of the department of insurance. See Idaho Code 41-5601
- Director: means the director of the department of insurance of the state of Idaho. See Idaho Code 41-6002
- Director: means the director of the Idaho department of insurance;
Idaho Code 41-6203Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Domestic insurer: means any insurer domiciled in this state. See Idaho Code 41-5401 Electronic claim: means a claim that is transmitted through the use of electronic media, which includes the internet, extranet, leased lines, dial-up lines, private networks, and those transmissions that are physically moved from one (1) location to another using magnetic tape, disk or compact disk media. See Idaho Code 41-5601 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Eligible individual: means an Idaho resident individual or dependent of an Idaho resident:
Idaho Code 41-5203Eligible individual: means an Idaho resident individual or dependent of an Idaho resident who is:
Idaho Code 41-5501Enhanced short-term plan: means an individual health benefit plan that:
Idaho Code 41-5203Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Established geographic service area: means a geographic area, as approved by the director 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 Idaho Code 41-5203 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. Fingerprints: means an impression of the lines on the finger taken for purpose of identification. See Idaho Code 41-5802 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. Foreign insurer: means any insurer not domiciled in this state. See Idaho Code 41-5401 Fraud: Intentional deception resulting in injury to another. Fund: means the Idaho immunization dedicated vaccine fund created in section 41-6007, Idaho Code. See Idaho Code 41-6002 Germane: On the subject of the pending bill or other business; a strict standard of relevance. Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Idaho Code 28-7-102 Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Idaho Code 28-7-102 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. Health benefit plan: means any hospital or medical policy or certificate, any subscriber contract provided by a hospital or professional service corporation, or health maintenance organization subscriber contract and includes enhanced short-term plans. See Idaho Code 41-5203 Health benefit plan: means any hospital or medical policy or certificate, any subscriber contract provided by a hospital or professional service corporation, or health maintenance organization subscriber contract. See Idaho Code 41-5501 Health organization: means any hospital service corporation or professional service corporation licensed under chapter 34, title 41, Idaho Code. See Idaho Code 41-5401 High risk medical condition: means a medical condition or diagnosis identified by the board in its plan of operation as making an individual eligible for reinsurance through the pool. See Idaho Code 41-5501 High risk pool plan: means an individual basic, standard, catastrophic A, catastrophic B, or HSA compatible health benefit plan issued pursuant to this chapter prior to April 1, 2017. See Idaho Code 41-5501 Home state: means the District of Columbia or any state or territory of the United States in which the public adjuster’s principal place of residence or principal place of business is located. See Idaho Code 41-5802 Idaho immunization program: means that program administered by the Idaho department of health and welfare to provide vaccinations against diseases to Idaho children consistent with Idaho and federal law. See Idaho Code 41-6002 Incidental costs: means expenses specified in a theft protection program warranty that are incurred by the warranty holder due to the failure of a theft protection program to perform as provided in the contract. See Idaho Code 41-6203 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 , as to a rating period for individuals with similar case characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. See Idaho Code 41-5203 Individual: means a natural person. See Idaho Code 41-5802 Individual carrier: means a carrier that offers health benefit plans covering eligible individuals and their dependents. See Idaho Code 41-5203 Individual standard health benefit plan: means a health benefit plan developed pursuant to chapter 55, title 41, Idaho Code, prior to April 1, 2017. See Idaho Code 41-5203 Insurance group: means those insurers and affiliates included within an insurance holding company system as that term is defined in chapter 38, title 41, Idaho Code. See Idaho Code 41-6402 Insurer: means any insurance company authorized to transact insurance business in this state and includes a fraternal benefit society and a health organization unless the context otherwise requires. See Idaho Code 41-5401 Insurer: means any insurer that sells hospital, medical, long-term care, or vision insurance policies or certificates and managed care organizations. See Idaho Code 41-5601 insurer: includes , but is not limited to:
Idaho Code 41-6402Interest 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 Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Idaho Code 28-7-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC 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. Liability insurance policy: means a policy of insurance providing coverage for all contractual obligations incurred by a motor vehicle service contract provider under the terms of a motor vehicle service contract issued or sold by the motor vehicle service contract provider;
Idaho Code 41-6203licensee: as used in this chapter , includes the heirs, successors, or assigns of the person to whom the department issued a water right license. See Idaho Code 42-350 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. Mechanical breakdown insurance: means a policy, contract or agreement that undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle due to defect in materials or workmanship or normal wear and tear and that is issued by an insurance company authorized to do business in this state;
Idaho Code 41-6203Month: 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 service contract: means a contract or agreement given for separately stated consideration that undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle due to defect in materials or workmanship or normal wear and tear but shall not include mechanical breakdown insurance. See Idaho Code 41-6203 Motor vehicle service contract holder: means a person who purchases a motor vehicle service contract or is a permitted transferee;
Idaho Code 41-6203Motor vehicle service contract provider: means a person who is contractually obligated to a motor vehicle service contract holder under the terms of a motor vehicle service contract;
Idaho Code 41-6203Municipal provider: means :
Idaho Code 42-202BMunicipal purposes: refers to water for residential, commercial, industrial, irrigation of parks and open space, and related purposes, excluding use of water from geothermal sources for heating, which a municipal provider is entitled or obligated to supply to all those users within a service area, including those located outside the boundaries of a municipality served by a municipal provider. See Idaho Code 42-202B Municipality: means a city incorporated under section 50-102, Idaho Code, a county, or the state of Idaho acting through a department or institution. See Idaho Code 42-202B NAIC: means the national association of insurance commissioners. See Idaho Code 41-5401 Negative trend: means , with respect to a life and/or health insurer or a fraternal benefit society, a negative trend over a period of time, as determined in accordance with the "Trend Test Calculation" included in the life or fraternal RBC instructions. See Idaho Code 41-5401 New business premium rate: means , as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the individual carrier to individuals with similar case characteristics for newly issued health benefit plans with the same or similar coverage. See Idaho Code 41-5203 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. Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. permittee: as used in this chapter , includes the heirs, successors, or assigns of the person to whom the department issued a water right permit. See Idaho Code 42-311 Person: means an individual or a business entity. See Idaho Code 41-5802 Person: means an individual, company, association, organization, partnership, business trust, corporation or any other form of legal entity;
Idaho Code 41-6203person: includes a corporation as well as a natural person;
Idaho Code 73-114Personal 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 Plan of operation: means the plan of operation of the individual high risk reinsurance pool established pursuant to this chapter. See Idaho Code 41-5501 Plan of operation: means the plan of operation of the fund as established by the board. See Idaho Code 41-6002 Planning horizon: refers to the length of time that the department determines is reasonable for a municipal provider to hold water rights to meet reasonably anticipated future needs. See Idaho Code 42-202B Pool: means the Idaho [individual] high risk reinsurance pool. See Idaho Code 41-5501 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 or facility: means any physician, hospital or other person or facility licensed or otherwise authorized to furnish health care services. See Idaho Code 41-5601 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. Premium: means all moneys paid by an individual and eligible dependents as a condition of receiving coverage from a carrier, including any fees or other contributions associated with the health benefit plan. See Idaho Code 41-5203 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. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Property: includes both real and personal property. See Idaho Code 73-114 Property and casualty insurer: means any insurer licensed under chapter 3, title 41, Idaho Code, to transact property and casualty insurance, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers, title insurers, farm and county mutuals and domestic reciprocal insurers with fewer than seven (7) subscribers which insure only worker’s compensation risk in this state and which only issue fully assessable policies. See Idaho Code 41-5401 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public adjuster: means any person who, for compensation or any other thing of value on behalf of the insured:
Idaho Code 41-5802Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Rating period: means the calendar period for which premium rates established by a carrier are assumed to be in effect. See Idaho Code 41-5203 RBC: means risk-based capital. See Idaho Code 41-5401 RBC instructions: means the RBC report, including risk-based capital instructions adopted by the NAIC, as such RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Idaho Code 41-5401 RBC plan: means a comprehensive financial plan containing the elements specified in section 41-5403(2), Idaho Code. See Idaho Code 41-5401 RBC report: means the report required in section 41-5402, Idaho Code. See Idaho Code 41-5401 Reasonably anticipated future needs: refers to future uses of water by a municipal provider for municipal purposes within a service area which, on the basis of population and other planning data, are reasonably expected to be required within the planning horizon of each municipality within the service area not inconsistent with comprehensive land use plans approved by each municipality. See Idaho Code 42-202B Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Idaho Code 28-7-102 Registered mail: includes certified mail. See Idaho Code 73-114 Reinsurance premium: means the premium set by the board pursuant to section 41-5506, Idaho Code, to be paid by a reinsuring carrier for eligible individuals ceded to the pool. See Idaho Code 41-5501 Reinsuring carrier: means a carrier participating in the Idaho individual high-risk reinsurance pool established in chapter 55, title 41, Idaho Code. See Idaho Code 41-5203 Reinsuring carrier: means a carrier participating in the individual high risk reinsurance pool established by this chapter. See Idaho Code 41-5501 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. 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. 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 to provide health care services to covered individuals. See Idaho Code 41-5203 Risk-assuming carrier: means a carrier whose application is approved by the director pursuant to section 41-5210, Idaho Code. See Idaho Code 41-5203 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 Service area: means that area within which a municipal provider is or becomes entitled or obligated to provide water for municipal purposes. See Idaho Code 42-202B 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. Shipper: means a person that enters into a contract of transportation with a carrier. See Idaho Code 28-7-102 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 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Theft protection program: means a device or system that:
Idaho Code 41-6203Theft protection program warranty: means a written agreement by a warrantor that provides, if a theft protection program fails to prevent loss or damage to a motor vehicle from theft, the warrantor will pay to or on behalf of the warranty holder specified incidental costs as a result of the failure of the theft protection program to perform pursuant to the terms of the theft protection program warranty. See Idaho Code 41-6203 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. Total adjusted capital: means the sum of:
Idaho Code 41-5401Transcript: 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. Trend Test Calculation: include d in the life or fraternal RBC instructions. See Idaho Code 41-5401 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 Uphold: The decision of an appellate court not to reverse a lower court decision. Vaccine: means any preparations of killed microorganisms, living attenuated organisms or living fully virulent organisms that are approved by the federal food and drug administration and recommended by the federal advisory committee on immunization practices of the centers for disease control and prevention. See Idaho Code 41-6002 Warehouse: means a person engaged in the business of storing goods for hire. See Idaho Code 28-7-102