Terms Used In Louisiana Revised Statutes > Title 17 > Chapter 29 - Louisiana Educational Employees Professional Improvement Program

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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 the Louisiana Rehabilitation Services program of the office of workforce development within the Louisiana Workforce Commission, which licenses blind vendors. See Louisiana Revised Statutes 23:3042
• Ambulatory surgical center: means an establishment in this state as defined in and licensed under the provisions of Louisiana Revised Statutes 22:1202
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Articles: means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only. See Louisiana Revised Statutes 6:201
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assets: means all of a state bank's property and rights of every kind. See Louisiana Revised Statutes 6:201
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail enforcement: means the apprehension or surrender of a person who is released on bail or who has failed to appear at any stage of the proceedings to answer the charge before the court in which he may be prosecuted. See Louisiana Revised Statutes 22:1582
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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}
• Benefits: means the money payments payable to an individual, as provided in this Chapter, with respect to his unemployment. See Louisiana Revised Statutes 23:1472
• Benefits plan: means the coverages offered by the plan to eligible persons as defined by Louisiana Revised Statutes 22:1202
• Bequest: Property gifted by will.
• Biosciences: means any of the branches of natural science dealing with the structure and behavior of living organisms, including but not limited to research, development, manufacture, testing, marketing and/or distribution of pharmaceuticals, biotechnology products, and medical devices that will eventually be used by healthcare providers to treat, cure, prevent, or mitigate disease or conditions. See Louisiana Revised Statutes 33:9039.65
• Blind vendors: means those individuals who are classified under state and federal regulations as legally blind and who are licensed to and have a permit to operate vending facilities on state, federal, or other property. See Louisiana Revised Statutes 23:3042
• Board: means Louisiana Gaming Control Board. See Louisiana Revised Statutes 27:353
• Board: means the board of directors of the plan. See Louisiana Revised Statutes 22:1202
• boards: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors for the University of Louisiana System, and the Board of Supervisors of Community and Technical Colleges, or any of these boards. See Louisiana Revised Statutes 17:3202
• Bond: means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper, capital leases, revenue bonds, or other obligations or evidences of indebtedness authorized to be issued by the district. See Louisiana Revised Statutes 33:9039.65
• Bond: means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper, capital leases, revenue bonds, or other obligations or evidences of indebtedness authorized to be issued by a district. See Louisiana Revised Statutes 33:9039.103
• booting: means the act of placing on a parked motor vehicle a mechanical device that is designed to be attached to the wheel or tire or other part of such vehicle so as to prohibit its usual manner of movement. See Louisiana Revised Statutes 32:1741
• Capital: means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by Louisiana Revised Statutes 6:201
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Chambers: A judge's office.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1
• Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:1132
• Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:1202
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Community college: means any postsecondary institution which offers an associate academic degree as well as vocational-technical and other educational programs, but which is not approved to offer a baccalaureate degree. See Louisiana Revised Statutes 17:3202
• Contracting entity: means any person or entity, including a third-party administrator and a dental carrier, that enters into a direct contract with a provider for the delivery of dental services in the ordinary course of business. See Louisiana Revised Statutes 22:1171
• Conviction: A judgement of guilt against a criminal defendant.
• Coverage area: means the parish, parishes, or other geographical area within the jurisdiction of a local early learning enrollment coordinator. See Louisiana Revised Statutes 17:407.91
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dental benefit plan: means a benefit plan which pays or provides dental expense benefits for covered dental services and is delivered or issued for delivery by or through a dental carrier on a stand-alone basis. See Louisiana Revised Statutes 22:1171
• Dental carrier: means a dental insurance company, dental service corporation, dental plan organization authorized to provide dental benefits, or a health insurance plan that includes coverage for dental services. See Louisiana Revised Statutes 22:1171
• Dental services: means services for the diagnosis, prevention, treatment, or cure of a dental condition, illness, injury, or disease. See Louisiana Revised Statutes 22:1171
• Dentist: means any person lawfully licensed by the Louisiana State Board of Dentistry to practice dentistry in this state. See Louisiana Revised Statutes 22:1171
• Department: means the Department of Education. See Louisiana Revised Statutes 17:3602
• Department: means Louisiana Rehabilitation Services. See Louisiana Revised Statutes 23:3042
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.82
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.91
• Department: means the Department of Insurance. See Louisiana Revised Statutes 22:1202
• Dependent: A person dependent for support upon another.
• Dependent: means a resident spouse or resident unmarried child under the age of twenty-one years, a child who is a student under the age of twenty-four years and who is financially dependent upon the parent, or a child of any age who is disabled and dependent upon the parent. See Louisiana Revised Statutes 22:1202
• Designated gaming area: means the contiguous area of an eligible live racing facility at which gaming may be conducted in accordance with the provisions of this Chapter, determined by measuring the area, in square feet, inside the interior walls of the licensed eligible facility, excluding any space therein in which gaming activities may not be conducted, such as bathrooms, stairwells, cage and beverage areas, and emergency evacuation routes of any width that meet or exceed the minimum size required by law. See Louisiana Revised Statutes 27:353
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means the BioDistrict New Orleans as further defined in Louisiana Revised Statutes 33:9039.65
• District: means a local or regional economic development district created pursuant to this Chapter. See Louisiana Revised Statutes 33:9039.103
• Donor: The person who makes a gift.
• Early learning staff: means a person employed as a full-time staff member in a licensed early learning center or a registered family child day care home. See Louisiana Revised Statutes 17:407.82
• 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 facility: means no more than one facility in St. See Louisiana Revised Statutes 27:353
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• expansion project: means a project or projects for the acquisition, construction, installation, and equipping of additions or improvements to the Ernest N. See Louisiana Revised Statutes 33:4710.24
• 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.
• FDIC: means the Federal Deposit Insurance Corporation, and includes any successor to the corporation or other agency or instrumentality of the United States which may undertake to discharge the purposes of the corporation. See Louisiana Revised Statutes 6:381
• Federally defined eligible individual: means an individual as defined by Louisiana Revised Statutes 22:1202
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fraud: Intentional deception resulting in injury to another.
• front footage: as used in this Chapter shall mean the footage of each lot or parcel of real estate abutting the right of way or street along which the distribution line is constructed. See Louisiana Revised Statutes 33:4160.5
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• 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 and accident insurance: means hospital and medical expense incurred policies, nonprofit service plan corporation contracts, and coverages provided by health maintenance organizations, individual practices, associations, the Office of Group Benefits, and other similar entities and self-insurers. See Louisiana Revised Statutes 22:1202
• Health care provider: means a person licensed by this state to provide health care or professional services under the provisions of Title 37 of the Louisiana Revised Statutes of 1950 or any professional corporation, as a health care provider, authorized to form under the provisions of Title 12 of the Louisiana Revised Statutes of 1950 or such a person licensed by the appropriate laws of another state. See Louisiana Revised Statutes 22:1202
• Health insurance plan: means any hospital or medical insurance policy or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, contract providing benefits for dental care whether such contract is pursuant to a medical insurance policy or certificate, stand-alone dental plan, health maintenance provider contract, or managed healthcare plan. See Louisiana Revised Statutes 22:1171
• Health insurer: means any entity or person that issues health insurance plans as described in this Section. See Louisiana Revised Statutes 22:1171
• Health maintenance organization: means an organization as defined in Louisiana Revised Statutes 22:1202
• Hospital: means any facility as defined in Louisiana Revised Statutes 22:1202
• hotel: as used in this Chapter shall mean and include any establishment, either public or private, engaged in the business of furnishing or providing rooms and overnight camping facilities intended or designed for dwelling, lodging, or sleeping purposes to transient guests when such establishment consists of two or more guest rooms and does not encompass any hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in connection with a hospital or medical clinic providing rooms exclusively for patients and their families. See Louisiana Revised Statutes 33:9039.124
• Insurance arrangement: means any plan, program, contract, or any other arrangement under which one or more natural or juridical persons provide to their employees or participants, whether directly or indirectly, health care services or benefits other than through an insurer. See Louisiana Revised Statutes 22:1202
• Insured: means any natural person domiciled in this state, other than a member of the plan, who is eligible to receive benefits from any insurer or insurance arrangement as defined in this Section. See Louisiana Revised Statutes 22:1202
• Insurer: means any insurance company or other entity authorized to transact and transacting health and accident insurance business in this state. See Louisiana Revised Statutes 22:1202
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• 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}
• Legatee: A beneficiary of a decedent
• 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.
• License: means the authorization applied for by or issued to the owner of an eligible facility by the board to conduct slot machine gaming at an eligible facility issued pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 27:353
• Licensee: means any person issued a license by the board. See Louisiana Revised Statutes 27:353
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local early learning enrollment coordinator: means an approved entity that conducts a process for informing families about publicly funded and Type III licensed early childhood care and education programs in the coverage area; collects family preferences; develops and uses a common application process; annually determines demand for publicly funded early childhood care and education within the coverage area; and makes recommendations to the department for the distribution of available publicly funded early childhood care and education slots for children who are economically disadvantaged as defined by the state board within its coverage area. See Louisiana Revised Statutes 17:407.91
• Manufacturer: means any person who manufactures or assembles and programs slot machines for use in this state. See Louisiana Revised Statutes 27:353
• Medicaid: means coverage provided under the state plan for Title XIX of the Social Security Act, 42 USC 1396 et seq. See Louisiana Revised Statutes 22:1202
• Medical care: means amounts paid for as defined in Louisiana Revised Statutes 22:1202
• Medicare: means coverage under both Parts A and B of Title XVIII of the Social Security Act, Louisiana Revised Statutes 22:1202
• Member: means a person covered by the plan. See Louisiana Revised Statutes 22:1202
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Net slot machine proceeds: means the total of all cash and property received by a licensee from slot machine gaming operations minus the amount of cash or prizes paid to winners and five million dollars annually directly attributable to promotional play wagers. See Louisiana Revised Statutes 27:353
• Oath: A promise to tell the truth.
• Obligation: means any bond and any cooperative endeavor agreement, financing or loan agreement, lease, sublease, or other agreement creating a duty to repay borrowed money or for another duty to be performed. See Louisiana Revised Statutes 33:9039.65
• Obligation: means any bond and any cooperative endeavor agreement, financing or loan agreement, lease, sublease, or other agreement creating an obligation to repay borrowed money or for a duty to be performed. See Louisiana Revised Statutes 33:9039.103
• Overhead: means salaries, rent, and other operating expenses of the district exclusive of program or development expenses. See Louisiana Revised Statutes 33:9039.103
• Participating parish or municipality: means any parish or municipal governing authority in the state undertaking to form a district under this Chapter. See Louisiana Revised Statutes 33:9039.103
• Person: as used in this Chapter shall have the same definition as that contained in Louisiana Revised Statutes 33:4710.15
• Personal property: All property that is not real property.
• Persons: means any individual, partnership, corporation, association, firm, or other business entity. See Louisiana Revised Statutes 32:1741
• PIPS: means units by which the effort and quality of improvement activities are measured. See Louisiana Revised Statutes 17:3602
• Plan: means an uncompleted professional improvement program. See Louisiana Revised Statutes 17:3602
• Plan: means the Louisiana Health Plan as created in Louisiana Revised Statutes 22:1202
• Plan of operation: means the plan of operation of the plan, including articles, bylaws, and operating rules, adopted by the board pursuant to Louisiana Revised Statutes 22:1202
• Private property: means any privately owned parking facility at any location or any parking lot or street which is privately owned and is located near or contiguous to premises having one or more stores or business establishments which is used for the parking of motor vehicles or for vehicular travel by the owner or customers of such establishments and those having express or implied permission of the owner. See Louisiana Revised Statutes 32:1741
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Program: means a completed five-year professional improvement program, or refers to the subject of this Chapter. See Louisiana Revised Statutes 17:3602
• Program: means the Louisiana Guaranteed Benefits Pool. See Louisiana Revised Statutes 22:1132
• Project: means a project as defined in Louisiana Revised Statutes 33:9039.65
• Project: means a capital improvement project including capital equipment funding as more particularly described in Louisiana Revised Statutes 33:9039.103
• Provider: means an individual or entity which, acting within the scope of licensure or certification, provides dental services or supplies defined by the health insurance plan or dental benefit plan. See Louisiana Revised Statutes 22:1171
• Provider network contract: means a contract between a contracting entity and a provider that specifies the rights and responsibilities of the contracting entity and provides for the delivery and payment of dental services to an enrollee. See Louisiana Revised Statutes 22:1171
• Public entities: means (a) state boards, agencies or commissions, parishes, municipalities, city, parish, and other local school boards and districts, levee boards and districts, port boards and commissions, port, harbor, terminal and industrial districts, drainage and land reclamation districts, all special service districts including but not limited to road, water, sewerage, fire protection, recreation, hospital service, and gas utility districts; (b) all other political subdivisions, special authorities, commissions, public trusts, and boards heretofore or hereafter created by or pursuant to the constitution or statutes of the state, any laws incorporated into or ratified or confirmed by the constitution, or general or special charters of any parish or municipality; and (c) all other units of local government created by or governed by the governing authorities of parishes or municipalities. See Louisiana Revised Statutes 33:9039.103
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public program: means any public assistance program which provides funding for health care services rendered by a health care provider that is directly subsidized by the federal government. See Louisiana Revised Statutes 22:1202
• Public school: means any public elementary, middle, junior high, or high school in this state. See Louisiana Revised Statutes 17:3602
• Quorum: The number of legislators that must be present to do business.
• Randolph-Sheppard Act: means the federal law which enables the Blind Enterprise Program under the authority of Louisiana Revised Statutes 23:3042
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiver: means the person liquidating a state bank pursuant to Part II of this Subchapter. See Louisiana Revised Statutes 6:381
• Receivership court: means the district court for the parish in which the state bank is domiciled. See Louisiana Revised Statutes 6:381
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• 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.
• Self-insurer: means a natural or juridical person which provides health care services or reimbursement for all or any part of the costs of health care for its employees or participants in this state other than through an insurer. See Louisiana Revised Statutes 22:1202
• Service technician: means any person other than a licensee or manufacturer who repairs, services, inspects, or examines slot machines. See Louisiana Revised Statutes 27:353
• 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.
• Shares: means the units into which the stockholders' rights to participate in the control of the state bank, in its profits, or in the distribution of corporate assets are divided. See Louisiana Revised Statutes 6:201
• Slot machine: means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the payoff is made automatically from the machine or in any other manner. See Louisiana Revised Statutes 27:353
• Slot machine gaming: means the use, operation, offering, or conducting of slot machines at an eligible facility in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:353
• Small employer: means any person, firm, corporation, partnership, or association actively engaged in business which, on at least fifty percent of its working days during the preceding year, employed not less than one nor more than twenty-five eligible employees. See Louisiana Revised Statutes 22:1202
• State: means the state of Louisiana. See Louisiana Revised Statutes 33:9039.103
• State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:407.91
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• system: means and refers to the programs and institutions under the jurisdiction of the respective management boards for postsecondary education created by or under authority of the Constitution of Louisiana. See Louisiana Revised Statutes 17:3202
• Teacher: means any public school classroom teacher, librarian, school counselor, secondary vocational instructor, principal, assistant principal, or other personnel for whom a valid Louisiana teaching certificate is required for employment; any teacher in an institution which offers thirteenth and fourteenth grade instruction; any speech therapist who possesses a valid Louisiana ancillary certificate issued by the State Board of Elementary and Secondary Education; and any instructor seeking to continue in the program who has been transferred from the Department of Public Safety and Corrections to vocational-technical schools under the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3602
• Teaching certificate: means a certificate issued by the department to school personnel pursuant to the requirements fixed by the department or by law. See Louisiana Revised Statutes 17:3602
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party: means a person or entity that enters into a contract with a contracting entity or with another third party to gain access to the dental services or contractual discounts of a provider network contract. See Louisiana Revised Statutes 22:1171
• 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 voting power: means the entirety of the voting power. See Louisiana Revised Statutes 6:201
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Venue: The geographical location in which a case is tried.
• Voting power: means the right vested by law or by the articles or the bylaws in the stockholder or in one or more classes of stockholder to vote in the determination of any particular question or matter coming before meetings of the stockholders. See Louisiana Revised Statutes 6:201
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.