Terms Used In Indiana Code > Title 4 > Article 23 > Chapter 29 - Governor's Council for People With Disabilities

• act: refers to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Indiana Code 4-23-29-1
• 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
• automatic dialing-announcing device: means a device that:

  Indiana Code 24-5-14-1

• board: refers to the board of directors of the council. See Indiana Code 4-23-29-2
• bureau: refers to the bureau of motor vehicles created by IC 9-14-7-1. See Indiana Code 24-5-13.5-2
• business day: means a day other than Sunday or a legal holiday (as defined in IC 1-1-9-1). See Indiana Code 24-5-13-2
• buyback vehicle: means a motor vehicle that has been replaced or repurchased by a manufacturer or a nonresident manufacturer's agent or an authorized dealer, either under this chapter or IC 24-5-13 by judgment, decree, arbitration award, settlement agreement, or voluntary agreement in Indiana or another state, but does not include a motor vehicle that was repurchased pursuant to a guaranteed repurchase or satisfaction program advertised by the manufacturer and was not alleged or found to have a nonconformity as defined in IC 24-5-13-6. See Indiana Code 24-5-13.5-3
• buyer: means any person who, for purposes other than resale or sublease, enters into an agreement or contract within Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter. See Indiana Code 24-5-13-3
• buyer: means any person who, for purposes of a personal, noncommercial use, enters into an agreement or contract within Indiana for the purchase of a converted motor vehicle covered under this chapter. See Indiana Code 24-5-13.1-1
• buyer: means a person who, for purposes other than resale or sublease, enters into an agreement or a contract within Indiana for the transfer, lease, or purchase of a buyback vehicle. See Indiana Code 24-5-13.5-4
• buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Indiana Code 24-5-15-1
• buyer: means a person who buys goods from a seller. See Indiana Code 24-5-16-1
• caller: means an individual, corporation, limited liability company, partnership, unincorporated association, or the entity that attempts to contact, or contacts, a subscriber in Indiana by using a telephone or telephone line. See Indiana Code 24-5-14-2
• caller identification information: means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or interconnected VOIP service. See Indiana Code 24-5-14.5-2
• caller identification service: means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or interconnected VOIP service. See Indiana Code 24-5-14.5-3
• commercial telephone solicitation: means any unsolicited call to a subscriber when:

  Indiana Code 24-5-14-3

• consumer: means a person that owns, leases, or rents the residential real property that is the subject of a real property improvement contract. See Indiana Code 24-5-11-2
• Contract: A legal written agreement that becomes binding when signed.
• conversion: means the:

  Indiana Code 24-5-13.1-2

• converted motor vehicle: means a new motor vehicle that has a conversion. See Indiana Code 24-5-13.1-3
• 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 governor's council for people with disabilities established by section 7 of this chapter. See Indiana Code 4-23-29-3
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• credit services organization: means a person that, with respect to the extension of credit by another person, sells, provides, performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration, any of the following services:

  Indiana Code 24-5-15-2

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dealer: has the meaning set forth in Indiana Code 24-5-13-3.1
• dealer: has the meaning set forth in Indiana Code 24-5-13.1-4
• dealer: means a person engaged in the business of buying, selling, leasing, or exchanging motor vehicles. See Indiana Code 24-5-13.5-5
• debt: has the meaning set forth in Indiana Code 24-5-15.5-2
• debt buyer: means a person that is regularly engaged in the business of purchasing debt for collection purposes, regardless of whether the person:

  Indiana Code 24-5-15.5-3

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• developmental disability: means a severe, chronic disability that:

  Indiana Code 4-23-29-4

• direct loan agreement: means an agreement between a lender and a purchaser by which the lender has advanced funds under a loan secured by the vehicle that the purchaser has purchased. See Indiana Code 24-5-16-2
• disability: means a physical or mental impairment that substantially limits one (1) or more major life activities. See Indiana Code 4-23-29-5
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• division: means the consumer protection division of the office of the attorney general. See Indiana Code 24-5-12-1
• 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}
• 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.
• extension of credit: means the right to:

  Indiana Code 24-5-15-3

• exterior improvement: means any alteration, repair, replacement, reconstruction, or other modification made to the exterior of residential real property, including the exterior of any structure on or fixture or improvement to the property. See Indiana Code 24-5-11-2.5
• 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}
• Forbearance: A means of handling a delinquent loan. A
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• initial resale: means the first time a dealer sells a buyback vehicle to a buyer after it has been repurchased by a manufacturer under this chapter or IC 24-5-13. See Indiana Code 24-5-13.5-5.5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• installer: means any person who is engaged in the business of:

  Indiana Code 24-5-13.1-5

• insurance policy: refers to a:

  Indiana Code 24-5-11-2.6

• insured consumer: refers to a person:

  Indiana Code 24-5-11-2.7

• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• interconnected VOIP service: has the meaning set forth in Indiana Code 24-5-14.5-4
• 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}
• interior improvement: means any alteration, repair, replacement, reconstruction, or other modification made to the interior of real property, including the interior of any structure on or fixture or improvement to the property. See Indiana Code 24-5-11-2.8
• item: means tangible or intangible property or services. See Indiana Code 24-5-12-2
• 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
• 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}
• lease: means a contract in the form of a lease or bailment for the use of a motor vehicle by a person for more than four (4) months, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease. See Indiana Code 24-5-13-3.4
• lease contract: means a lease contract for or in contemplation of a lease for the use of a vehicle, and the purchase of services incidental to the lease, by an individual for a term exceeding four (4) months primarily for personal, family, household, business, commercial, or agricultural use. See Indiana Code 24-5-16-4
• lessor: means a person who:

  Indiana Code 24-5-13-3.7

• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• major life activity: includes the following:

  Indiana Code 4-23-29-6

• manufacturer: means any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles. See Indiana Code 24-5-13-4
• manufacturer: means :

  Indiana Code 24-5-13.1-6

• manufacturer: has the meaning set forth in IC 24-5-13-4. See Indiana Code 24-5-13.5-6
• methamphetamine vehicle: means any motor vehicle subject to registration and certificate of title provisions in which methamphetamine has been manufactured within the previous two (2) years. See Indiana Code 24-5-13-4.1
• 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.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• motor vehicle: means any self-propelled vehicle that:

  Indiana Code 24-5-13.1-7

• motor vehicle: has the meaning set forth in IC 24-5-13-5. See Indiana Code 24-5-13.5-7
• nonconformity: means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

  Indiana Code 24-5-13-6

• nonconformity: means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

  Indiana Code 24-5-13.1-8

• nonconformity: has the meaning set forth in IC 24-5-13-6. See Indiana Code 24-5-13.5-8
• 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.
• owner: means a person who owns or controls ten percent (10%) or more of the equity of a seller, or otherwise has a claim to ten percent (10%) or more of the net income of a seller. See Indiana Code 24-5-12-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, or a cooperative or any other legal entity. See Indiana Code 24-5-11-7
• person: means an individual, an incorporated or unincorporated organization or association, or any other legal entity. See Indiana Code 24-5-12-4
• person: means an individual, a corporation, a partnership, a joint venture, or any other entity. See Indiana Code 24-5-15-4
• person: has the meaning set forth in Indiana Code 24-5-15.5-4
• person: means an individual, a company, a firm, an association, a partnership, a trust, a corporation, or other legal entity. See Indiana Code 24-5-16-5
• place of primary use: means the street address representative of where a subscriber's use of a telecommunications service or interconnected VOIP service primarily occurs, which must be:

  Indiana Code 24-5-14.5-5

• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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}
• principal: means an owner, an officer, a general partner, a trustee, or other individual with supervisory functions usually exercised by those persons. See Indiana Code 24-5-12-5
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• prospect: means a person solicited by a seller. See Indiana Code 24-5-12-6
• provider: means a person that offers telecommunications service or interconnected VOIP service. See Indiana Code 24-5-14.5-6
• purchaser: has the meaning set forth in IC 26-1-1-201(33). See Indiana Code 24-5-16-6
• 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
• real property improvement: means any alteration, repair, replacement, reconstruction, or other modification of residential real property. See Indiana Code 24-5-11-3
• real property improvement contract: means an agreement, oral or written, between a real property improvement supplier and a consumer to make a real property improvement and for which the real property improvement contract price exceeds one hundred fifty dollars ($150). See Indiana Code 24-5-11-4
• real property improvement contract price: means the amount actually charged for the services, materials, and work to be performed under the real property improvement contract but does not include financing costs, loan consolidation amounts, taxes, and governmental fees paid by or on behalf of the consumer, amounts returned to or on behalf of the consumer, or similar costs not related to the real property improvement. See Indiana Code 24-5-11-5
• real property improvement supplier: means a person who engages in or solicits real property improvement contracts whether or not the person deals directly with the consumer. See Indiana Code 24-5-11-6
• responsible manufacturer or installer: means the manufacturer or installer that is liable for the:

  Indiana Code 24-5-13.1-9

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• roof system: includes roof coverings, roof sheathing, roof weatherproofing, and insulation. See Indiana Code 24-5-11-7.7
• salesperson: means a person employed, authorized, or appointed by a seller, including an independent contractor, who solicits a sale on behalf of the seller. See Indiana Code 24-5-12-7
• secured party: has the meaning set forth in Indiana Code 24-5-16-7
• security agreement: has the meaning set forth in Indiana Code 24-5-16-8
• security interest: has the meaning set forth in IC 26-1-1-201(37). See Indiana Code 24-5-16-9
• seller: means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs:

  Indiana Code 24-5-12-8

• seller: means a person who:

  Indiana Code 24-5-13-6.1

• seller: has the meaning set forth in IC 26-1-2-103(1)(d). See Indiana Code 24-5-16-10
• 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.
• solicitation: means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for money or other consideration. See Indiana Code 24-5-12-9
• specifications: means the plans, detailed drawings, lists of materials, or other methods customarily used in the residential building industry as a whole to describe with particularity the work, workmanship, materials, and quality of materials for each project. See Indiana Code 24-5-11-8
• Statute: A law passed by a legislature.
• subscriber: means :

  Indiana Code 24-5-14-4

• subscriber: means a person:

  Indiana Code 24-5-14.5-7

• telecommunications service: has the meaning set forth in Indiana Code 24-5-14.5-8
• term of protection: means a period of time that:

  Indiana Code 24-5-13-7

• term of protection: means a period of time that:

  Indiana Code 24-5-13.1-10

• 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.
• Trustee: A person or institution holding and administering property in trust.
• 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
• vehicle: means any self-propelled vehicle that:

  Indiana Code 24-5-13-5

• vehicle: has the meaning set forth in IC 24-4-9-8. See Indiana Code 24-5-16-11
• warranty: means :

  Indiana Code 24-5-13.5-9

• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5