Indiana Code > Title 4 > Article 1 – Miscellaneous Provisions
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Terms Used In Indiana Code > Title 4 > Article 1 - Miscellaneous Provisions
- Advisory body: means an authority, a board, a commission, a committee, a task force, or other body designated by any name of the executive department that is authorized only to make nonbinding recommendations. See Indiana Code 4-2-6-1
- affected area: means the area of land:
Indiana Code 14-36-1-4
- 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.
- Agency: means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. See Indiana Code 4-2-6-1
- Agency: means any executive or administrative department, commission, council, board, bureau, division, service, office, officer, administration, or other establishment in the executive or administrative branch of the state government not provided for by the constitution. See Indiana Code 4-3-6-2
- Agency of the state: means any officer, agency, department, board, bureau, commission, division or institution of the state of Indiana, the trustees or board of directors of any corporation of the state or body politic of the state supported in whole or in part by appropriations from the state, and the trustees of any state-supported university. See Indiana Code 4-3-9-1
- agricultural products: includes horticultural, viticultural, forestry, dairy, livestock, grain, poultry, bee, and any other farm product. See Indiana Code 15-12-1-3
- all terrain vehicle: has the meaning set forth in Indiana Code 15-12-3-2
- 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.
- Appointing authority: means the following:
Indiana Code 4-2-6-1
- 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
- approximate original contour: means the surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including terracing or access roads:
Indiana Code 14-34-10-1
- aquaculture: means a form of agriculture that is the controlled cultivation and harvest of aquatic plants and animals. See Indiana Code 15-11-7-1
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assist: means to:
Indiana Code 4-2-6-1
- association: means any corporation organized under or governed by this chapter. See Indiana Code 15-12-1-4
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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.
- 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.
- bond pool: refers to the surface coal mine reclamation bond pool established by this chapter. See Indiana Code 14-34-8-1
- breach of the security of the system: means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a state or local agency. See Indiana Code 4-1-11-2
- Business relationship: includes the following:
Indiana Code 4-2-6-1
- carbon dioxide: means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules. See Indiana Code 14-39-1-1
- carbon dioxide transmission pipeline: means the part of a pipeline in Indiana, including appurtenant facilities, property rights, and easements, that is used exclusively for the purpose of transporting carbon dioxide to a carbon management application, including sequestration, enhanced oil recovery, and deep saline injection, within or outside Indiana. See Indiana Code 14-39-1-2
- carbon sequestration pilot project: refers to the pilot project described in section 3. See Indiana Code 14-39-1-2.4
- cast overburden: means a bank or deposit of overburden after removal from the overburden's natural state. See Indiana Code 14-36-1-5
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- collateral: means the actual or constructive deposit, as appropriate, with the director of one (1) or more of the following types of property in support of a self-bond:
Indiana Code 14-34-7-0.5
- Commission: refers to the state ethics commission created under section 2 of this chapter. See Indiana Code 4-2-6-1
- commission: refers to the Indiana grown commission established by section 3 of this chapter. See Indiana Code 15-11-12-1
- committee: refers to the surface coal mine reclamation bond pool committee established by this chapter. See Indiana Code 14-34-8-2
- 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.
- comparative balance sheet: means item accounts from a number of the operator's successive yearly balance sheets arranged side by side in a single statement. See Indiana Code 14-34-7-0.6
- comparative income statement: means an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement. See Indiana Code 14-34-7-0.7
- Compensation: means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another. See Indiana Code 4-2-6-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Confidential: means information which has been so designated by statute or by promulgated rule or regulation based on statutory authority. See Indiana Code 4-1-6-1
- 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.
- council: refers to the Indiana land resources council established by section 3 of this chapter. See Indiana Code 15-12-5-1
- current net price: means :
Indiana Code 15-12-3-3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Data subject: means an individual about whom personal information is indexed or may be located under the individual's name, personal number, or other identifiable particulars, in a personal information system. See Indiana Code 4-1-6-1
- 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: refers to the Indiana department of administration created by IC 4-13-1-2. See Indiana Code 4-2-8-2
- Dependent: A person dependent for support upon another.
- Devise: To gift property by will.
- Direct line of supervision: means the chain of command in which the superior affects, or has the authority to affect, the terms and conditions of the subordinate's employment, including making decisions about work assignments, compensation, grievances, advancements, or performance evaluation. See Indiana Code 4-2-6-1
- director: means the director of the Indiana state department of agriculture. See Indiana Code 15-12-2-1
- director: refers to the director of the Indiana state department of agriculture. See Indiana Code 15-12-5-2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- diversified farming: means new, emerging, and small scale agricultural markets, including alternative and niche agricultural markets. See Indiana Code 15-11-7-1.3
- Donor: The person who makes a gift.
- Employee: means an individual, other than a state officer, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. See Indiana Code 4-2-6-1
- Employer: means any person from whom a state officer or employee or the officer's or employee's spouse received compensation. See Indiana Code 4-2-6-1
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- 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.
- farm or industrial machinery: means any of the following:
Indiana Code 15-12-3-4
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Financial interest: means an interest:
Indiana Code 4-2-6-1
- 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.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- fund: refers to the natural resources reclamation division fund established by this chapter. See Indiana Code 14-34-14-1
- fund: refers to the oil and gas environmental fund established by this chapter. See Indiana Code 14-37-10-1
- fund: refers to the livestock industry promotion and development fund established by section 4(a) of this chapter. See Indiana Code 15-11-5-2
- 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,
- 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.
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Information of a confidential nature: means information:
Indiana Code 4-2-6-1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- interest in land: means both legal and equitable title and interest in land. See Indiana Code 4-3-9-1
- 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
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- inventory: means farm or industrial machinery held by a retailer. See Indiana Code 15-12-3-5
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- 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.
- Land: means both unimproved and improved land. See Indiana Code 4-3-9-1
- land: means ground, soil, or solid materials of the earth:
Indiana Code 14-36-2-2
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- liabilities: means obligations to transfer assets or provide services to other entities in the future as a result of past transactions. See Indiana Code 14-34-7-1
- 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.
- livestock: includes the following:
Indiana Code 15-11-5-1
- member: means the following:
Indiana Code 15-12-1-5
- mineral: means coal, clay, or shale, including oil shale. See Indiana Code 14-36-1-6
- mining: means the following:
Indiana Code 14-36-2-3
- mining refuse: means all waste material directly connected with the cleaning and preparation of substances mined by surface mining. See Indiana Code 14-36-1-7
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
- 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.
- net cost: means :
Indiana Code 15-12-3-6
- Oath: A promise to tell the truth.
- Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
- 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.
- operation: means the premises, facilities, nonpublic roads, and equipment used in the process of producing minerals from a surface mine. See Indiana Code 14-36-1-8
- operator: means a person engaged in carrying on surface mining operations. See Indiana Code 14-36-1-9
- overburden: means the soil and other materials that lie above a mineral deposit. See Indiana Code 14-36-1-10
- 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.
- Patient Protection and Affordable Care Act: refers to the federal Patient Protection and Affordable Care Act (P. See Indiana Code 4-1-12-1
- person: means an individual, a corporation, a limited liability company, a partnership, or other legal entity. See Indiana Code 4-1-10-1.5
- Person: means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision. See Indiana Code 4-2-6-1
- person: means the following:
Indiana Code 14-38-1-2
- person: includes a political body, a corporate body, and the state of Indiana. See Indiana Code 14-39-1-2.6
- person: includes the following:
Indiana Code 15-12-1-6
- person: means an individual, a corporation, a limited liability company, a partnership, a trust, or an unincorporated association. See Indiana Code 15-12-3-7
- Personal information: means any information that describes, locates, or indexes anything about an individual or that affords a basis for inferring personal characteristics about an individual including, but not limited to, the individual's education, financial transactions, medical history, criminal or employment records, finger and voice prints, photographs, or the individual's presence, registration, or membership in an organization or activity or admission to an institution. See Indiana Code 4-1-6-1
- personal information: means :
Indiana Code 4-1-11-3
- Personal information system: means any recordkeeping process, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject. See Indiana Code 4-1-6-1
- Personal property: All property that is not real property.
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- petroleum: means any liquid or gaseous hydrocarbon occurring in nature beneath the surface of the earth. See Indiana Code 14-38-1-3
- Plaintiff: The person who files the complaint in a civil lawsuit.
- plugging: means the stopping of the flow or migration of oil, gas, water, or other fluid or material up or down a test hole. See Indiana Code 14-38-2-3
- political subdivision: shall mean any county, township, city, and town. See Indiana Code 4-1-4-1
- Political subdivision: means a county, city, town, township, school district, municipal corporation, special taxing district, or other local instrumentality. See Indiana Code 4-2-6-1
- pore space: means subsurface cavities or voids that can be used as a storage space for carbon dioxide. See Indiana Code 14-39-1-2.7
- 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.
- 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.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- prior law: refers to the statutes concerning agriculture and animals that are repealed or amended in the recodification act of the 2008 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2008 regular session of the general assembly. See Indiana Code 15-10-1-1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- program: refers to the Indiana grown initiative program established by section 8 of this chapter. See Indiana Code 15-11-12-2
- Property: has the meaning set forth in Indiana Code 4-2-6-1
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- proven territory: means territory so situated with reference to known producing wells as to establish the general opinion that, because of the territory's relation to the producing wells, petroleum is contained in the territory. See Indiana Code 14-38-1-4
- public land: means land and area belonging to or subsequently acquired by the state or any of the state's institutions. See Indiana Code 14-38-1-5
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- reclamation: means the rehabilitation of the area of land affected by surface mining under an approved reclamation plan. See Indiana Code 14-36-1-11
- reclamation: means rehabilitation under IC 14-36-1. See Indiana Code 14-36-2-4
- reclamation plan: means the operator's written proposal approved by the commission for reclamation of the affected area. See Indiana Code 14-36-1-12
- Relative: means any of the following:
Indiana Code 4-2-6-1
- 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.
- Reorganization: means :
Indiana Code 4-3-6-2
- Represent: means to do any of the following on behalf of a person:
Indiana Code 4-2-6-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- restoration: means rehabilitation under IC 14-36-1. See Indiana Code 14-36-2-5
- retailer: means a person engaged in the business of selling, at retail, farm or industrial machinery. See Indiana Code 15-12-3-8
- retainage: refers to various purchase, invoice, and other discounts held by the supplier and due the retailer at a later time. See Indiana Code 15-12-3-9
- 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.
- sister: include a brother or sister by the half blood. See Indiana Code 4-2-6-1
- Special state appointee: means a person who is:
Indiana Code 4-2-6-1
- specialty crop: means any fruit, vegetable, tree nut, dried fruit, and nursery crop, including floriculture. See Indiana Code 15-11-7-1.6
- State agency: means every agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government, except those which are the responsibility of the state comptroller, treasurer of state, secretary of state, attorney general, and excepting the department of state police and state educational institutions. See Indiana Code 4-1-6-1
- state agency: means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of the executive, including the administrative, department of state government. See Indiana Code 4-1-10-2
- state agency: has the meaning set forth in IC 4-1-10-2. See Indiana Code 4-1-11-4
- state agency: means every agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government. See Indiana Code 4-1-13-1
- State officer: means any of the following:
Indiana Code 4-2-6-1
- state officer: means an individual who holds one (1) of the following elected offices:
Indiana Code 4-2-9-1
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- substantial legal and financial commitments in a surface coal mining operation: means significant investments that have been made on the basis of a long term coal contract in power plants, railroads, coal handling facilities, preparation facilities, extraction facilities, or storage facilities and other capital intensive activities, such as the following:
Indiana Code 14-34-18-2
- Summons: Another word for subpoena used by the criminal justice system.
- Surface Mining Control and Reclamation Act: means the federal Surface Mining Control and Reclamation Act of 1977 (Indiana Code 14-34-7-2.5
- tangible net worth: means :
Indiana Code 14-34-7-3
- 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.
- test hole: means an exploratory hole, except for coal exploration, drilled for the purpose of obtaining information and data on the character, composition, sequence, thickness, age, and correlation of underground strata and formations for at least one (1) of the following and no other purposes:
Indiana Code 14-38-2-4
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transfer: means a gift, grant, conveying, exchange, lease, or sale. See Indiana Code 4-3-9-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- underground storage of carbon dioxide: means the injection of carbon dioxide into, and storage of carbon dioxide in, underground strata and formations at the site of the carbon sequestration pilot project, as described in section 3. See Indiana Code 14-39-1-2.5
- 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
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- United States of America: shall include the United States government and any agency or entity thereof. See Indiana Code 4-3-9-1
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5