Terms Used In Iowa Code > Chapter 6A - Eminent Domain Law (Condemnation)

• advisory committee: means the congenital and inherited disorders advisory committee created in this chapter. See Iowa Code 136A.2
• 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.
• agency: means an agency that contracts with a health care entity in this state to provide agency workers for temporary or temporary-to-hire employee placements. See Iowa Code 135Q.1
• agency worker: means an individual who contracts with or is employed by a health care employment agency to provide nursing services to health care entity consumers. See Iowa Code 135Q.1
• AIDS: means acquired immune deficiency syndrome as defined by the centers for disease control and prevention of the United States department of health and human services. See Iowa Code 141A.1
• Ambulatory surgical center: includes a facility certified or seeking certification as an ambulatory surgical center under the federal Medicare program or under the medical assistance program established pursuant to chapter 249A. See Iowa Code 135R.1
• 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.
• 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.
• 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
• Attending health care provider: means a licensed physician, nurse practitioner, certified nurse midwife, or physician assistant. See Iowa Code 136A.2
• Blood bank: means a facility for the collection, processing, or storage of human blood or blood derivatives, including blood plasma, or from which or by means of which human blood or blood derivatives are distributed or otherwise made available. See Iowa Code 141A.1
• Board: means the board of hearing aid specialists. See Iowa Code 154A.1
• Care provider: means an individual who is trained and authorized by federal or state law to provide health care services or services of any kind in the course of the individual's official duties, for compensation or in a voluntary capacity, who is a health care provider, emergency medical care provider as defined in section 147A. See Iowa Code 141A.1
• Child: includes child by adoption. See Iowa Code 4.1
• City board: means a city board of health in existence prior to July 1, 2010. See Iowa Code 137.102
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent: means a mutual acknowledgment by a restaurant and a food delivery platform, which may be obtained electronically. See Iowa Code 137G.1
• 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: means the council on health and human services. See Iowa Code 137.102
• County board: means a county board of health. See Iowa Code 137.102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 154A.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 137D.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 135Q.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 135R.1
• Department: means the department of health and human services. See Iowa Code 136A.2
• department: means the department of health and human services. See Iowa Code 137.102
• Department: means the department of health and human services. See Iowa Code 141A.1
• department: means the department of health and human services. See Iowa Code 136B.1
• Department: means the department of health and human services. See Iowa Code 136C.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 136D.2
• Director: means the director of health and human services. See Iowa Code 137.102
• Director: means the director of health and human services or the director's designee. See Iowa Code 136C.1
• Director: means the director of the department of inspections, appeals, and licensing, or the director's designee. See Iowa Code 136D.2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disorder: means a congenital or inherited disorder. See Iowa Code 136A.2
• District: means any two or more geographically contiguous counties. See Iowa Code 137.102
• District board: means a board of health representing at least two geographically contiguous counties formed with approval of the state department in accordance with this chapter, or any district board of health in existence prior to July 1, 2010. See Iowa Code 137.102
• District health department: refers to the personnel and property under the jurisdiction of a district board. See Iowa Code 137.102
• Division: means the Iowa title guaranty division in the authority, the director of the division, or a designee of the director. See Iowa Code 16.92
• 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.
• Exposure: means a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious bodily fluids. See Iowa Code 141A.1
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Food: means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale in whole or in part for human consumption. See Iowa Code 137D.1
• Genetics: means the study of inheritance and how genes contribute to health conditions and the potential for disease. See Iowa Code 136A.2
• Genomics: means the functions and interactions of all human genes and their variation within human populations, including their interaction with environmental factors, and their contribution to health. See Iowa Code 136A.2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means objectively reasonable and not in violation of clearly established statutory rights or other rights of a person which a reasonable person would know or should have known. See Iowa Code 141A.1
• 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 care entity: means a facility, agency, or program licensed or certified by the department or by the centers for Medicare and Medicaid services of the United States department of health and human services. See Iowa Code 135Q.1
• Health care provider: means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, chiropractic, podiatry, nursing, dentistry, or optometry, or as a physician assistant, dental hygienist, or acupuncturist. See Iowa Code 141A.1
• Health facility: means a hospital, health care facility, clinic, blood bank, blood center, sperm bank, laboratory organ transplant center and procurement agency, or other health care institution. See Iowa Code 141A.1
• HIV: means the human immunodeficiency virus identified as the causative agent of AIDS. See Iowa Code 141A.1
• HIV-related condition: means any condition resulting from human immunodeficiency virus infection. See Iowa Code 141A.1
• HIV-related test: means a diagnostic test conducted by a laboratory approved pursuant to the federal Clinical Laboratory Improvement Amendments for determining the presence of HIV or antibodies to HIV. See Iowa Code 141A.1
• Home food processing establishment: means a business on the premises of a residence in which homemade food items are produced for sale or resale, for consumption off the premises, if the business has gross annual sales of less than fifty thousand dollars. See Iowa Code 137D.1
• Homemade food item: includes all of the following:
   (1) Food that is not time/temperature control for safety food, but does not include such food if produced and sold under section 137F. See Iowa Code 137D.1
• Infectious bodily fluids: means bodily fluids capable of transmitting HIV as determined by the centers for disease control and prevention of the United States department of health and human services and adopted by rule of the department. See Iowa Code 141A.1
• Inherited disorder: means a condition caused by an abnormal change in a gene or genes passed from a parent or parents to their child. See Iowa Code 136A.2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• 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.
• 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}
• Legal guardian: means a person appointed by a court pursuant to chapter 633 or an attorney in fact as defined in section 144B. See Iowa Code 141A.1
• lessee: means a nonresident alien, foreign business, or foreign government, or an agent, trustee, or fiduciary acting on behalf of the nonresident alien, foreign business, or foreign government, or any other trade or business which is under the lessee's common control as provided in 26 U. See Iowa Code 9I.3
• License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
• Licensed professional: means a person licensed or otherwise authorized by law to practice medicine, osteopathic medicine, podiatry, chiropractic, dentistry, dental hygiene, or veterinary medicine. See Iowa Code 136C.1
• Licensing board: means a party state's regulatory body responsible for advanced practice registered nurse licensure or authority to practice. See Iowa Code 152E.3
• Likeness: means a mark or trade name. See Iowa Code 137G.1
• Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
• Local board of health: means a city, county, or district board of health. See Iowa Code 137.102
• Managing entity: includes an individual who, directly or indirectly, holds a beneficial interest in a corporation, partnership, or other business entity that constitutes a managing entity. See Iowa Code 135Q.1
• Mark: means a trademark or service mark, regardless of whether the trademark or service mark is actually registered with the state or other entity. See Iowa Code 137G.1
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Nursing services: includes services performed by a registered nurse, a licensed practical nurse, a certified nurse aide, a certified medication aide, a home health aide, a medication manager, or by noncertified or nonlicensed staff providing personal care as defined in section 231C. See Iowa Code 135Q.1
• 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.
• Officers: means a local board of health chairperson, vice chairperson, and secretary, and other officers which may be named at the discretion of the local board of health. See Iowa Code 137.102
• 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 a natural person. See Iowa Code 154A.1
• person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
• Phototherapy device: means a piece of equipment that emits ultraviolet radiation and that is used by a health care professional in the treatment of disease. See Iowa Code 136D.2
• platform: means a business that acts as a third-party intermediary by taking and arranging for the delivery or pickup of orders from multiple restaurants for consumers, not including delivery or pickup orders placed directly with, and fulfilled by, a restaurant. See Iowa Code 137G.1
• property: includes personal and real property. See Iowa Code 4.1
• Quorum: The number of legislators that must be present to do business.
• Radiation: means energy forms capable of causing ionization including alpha particles, beta particles, gamma rays, X rays, neutrons, high-speed protons, and other atomic particles, but does not include sound or radio waves, or visible light, or infrared or ultraviolet light. See Iowa Code 136C.1
• Radiation machine: means a device capable of producing radiation except those that produce radiation solely from radioactive material. See Iowa Code 136C.1
• Radioactive material: means a solid, liquid, or gaseous material that emits radiation spontaneously including accelerator-produced and naturally occurring material, and byproduct, source, and special nuclear material as defined in the Atomic Energy Act of 1954 as amended to July 1, 1984. See Iowa Code 136C.1
• Release of test results: means a written authorization for disclosure of HIV-related test results which is signed and dated, and which specifies to whom disclosure is authorized and the time period during which the release is to be effective. See Iowa Code 141A.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.
• Restaurant: means a business in the state that operates its own permanent food service facilities with commercial cooking equipment on its premises and prepares and offers to sell multiple entrees for consumption on or off the premises. See Iowa Code 137G.1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
• Rule: includes "regulation". See Iowa Code 4.1
• sell: means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
• Significant exposure: means a situation in which there is a risk of contracting HIV through exposure to a person's infectious bodily fluids in a manner capable of transmitting HIV as determined by the centers for disease control and prevention of the United States department of health and human services and adopted by rule of the department. See Iowa Code 141A.1
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
• 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 said district and territories. See Iowa Code 4.1
• Statute: A law passed by a legislature.
• Stillbirth: means an unintended fetal death occurring after a gestation period of twenty completed weeks, or an unintended fetal death of a fetus with a weight of three hundred fifty or more grams. See Iowa Code 136A.2
• Subpoena: A command to a witness to appear and give testimony.
• Tanning device: means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, such as tanning booths or tanning beds. See Iowa Code 136D.2
• Tanning facility: means a location, place, area, structure, or business, or a part thereof, which provides access to a tanning device for compensation. See Iowa Code 136D.2
• 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.
• Trade name: means a name used by a person or entity to identify a person or entity's vocation. See Iowa Code 137G.1
• United States: includes all the states. See Iowa Code 4.1
• year: means twelve consecutive months. See Iowa Code 4.1