Michigan Laws > Chapter 290 > Act 283 of 1964 – Weights and Measures Act
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Terms Used In Michigan Laws > Chapter 290 > Act 283 of 1964 - Weights and Measures Act
- 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.
- ALI: means a 9-1-1 service feature provided by the service supplier that automatically provides the name and service address or, for a CMRS service supplier, the location associated with the calling party's telephone number as identified by automatic number identification to a 9-1-1 public safety answering point. See Michigan Laws 484.1102
- ANI: means a 9-1-1 service feature provided by the service supplier that automatically provides the calling party's telephone number to a 9-1-1 public safety answering point. See Michigan Laws 484.1102
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Broker: means that term as defined in 49 USC 13102. See Michigan Laws 475.1
- Certificate of authority: means a certificate issued under this act to a motor carrier authorizing a transportation service. See Michigan Laws 475.1
- Certificate of conformance: means a document issued by the NCWM based on testing by a participating laboratory that constitutes evidence of conformance of a type. See Michigan Laws 290.602
- CMRS: means commercial mobile radio service regulated under section 3 of title I and section 332 of title III of the communications act of 1934, chapter 652, 48 Stat 1064, 47 USC 153 and 332, and the rules of the Federal Communications Commission or provided under the wireless emergency service order. See Michigan Laws 484.1102
- Commercial motor vehicle: means that term as defined in 49 USC 14504a. See Michigan Laws 475.1
- Commission: means the Michigan public service commission. See Michigan Laws 475.1
- Commission: means the Michigan public service commission. See Michigan Laws 484.1102
- Committee: means the emergency 9-1-1 service committee created under section 712. See Michigan Laws 484.1102
- Commodity in package form: means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale including an individual item or lot of any commodity not in a form as described in this subdivision but upon which there is marked a selling price based on an established price per unit of weight or measure. See Michigan Laws 290.602
- common network: means the elements of a service supplier's network that are not exclusive to the supplier or technology capable of accessing the 9-1-1 system. See Michigan Laws 484.1102
- Common network costs: means the costs associated with the common network required to deliver a 9-1-1 call with ALI and ANI from a selective router or emergency services routing proxy to the proper PSAP and the costs associated with the 9-1-1 database and data distribution system of the primary 9-1-1 service supplier identified in a county 9-1-1 plan. See Michigan Laws 484.1102
- Communication service: means a service capable of accessing, connecting with, or interfacing with a 9-1-1 system, exclusively through the numerals 9-1-1, by dialing, initializing, or otherwise activating the 9-1-1 system through the numerals 9-1-1 by means of a local telephone device, cellular telephone device, wireless communication device, interconnected voice over the internet device, or any other means. See Michigan Laws 484.1102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consumer package: means a package that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption or use by individuals for the purposes of personal care or in performance of services ordinarily rendered in or about the household or in connection with personal possessions. See Michigan Laws 290.602
- 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.
- 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.
- Department: means the department of agriculture and rural development. See Michigan Laws 290.602
- Direct dispatch method: means that the agency receiving the 9-1-1 call at the public safety answering point decides on the proper action to be taken and dispatches the appropriate available public safety service unit located closest to the request for public safety service. See Michigan Laws 484.1102
- Director: means the director of the department or his or her designee. See Michigan Laws 290.602
- Docket: A log containing brief entries of court proceedings.
- Emergency: means that term as defined in 49 C. See Michigan Laws 475.1
- Emergency telephone operational charge: means a charge allowed under section 401 for nonnetwork technical equipment and other costs directly related to the dispatch facility and the operation of 1 or more PSAPs including, but not limited to, the costs of dispatch personnel and radio equipment necessary to provide 2-way communication between PSAPs and a public safety agency. See Michigan Laws 484.1102
- Emergency telephone technical charge: means a charge as allowed under section 401 or 401d for costs directly related to 9-1-1 service including plant-related costs associated with the use of the public switched telephone network or IP-based 9-1-1 transport network from the end user to the selective router or emergency services routing proxy, the network start-up costs, customer notification costs, common network costs, administrative costs, database management costs, and network nonrecurring and recurring installation, maintenance, service, and equipment charges of a service supplier providing 9-1-1 service under this act. See Michigan Laws 484.1102
- 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.
- Exchange access facility: means the access from a particular service user's premises to the communication service. See Michigan Laws 484.1102
- 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.
- For hire: means for remuneration or reward of any kind, paid or promised, either directly or indirectly. See Michigan Laws 475.1
- Fraud: Intentional deception resulting in injury to another.
- Freight forwarder: means that term as defined in 49 USC 13102. See Michigan Laws 475.1
- General rate: means a rate applicable to 2 or more motor carriers that is filed under section 6b of article V. See Michigan Laws 475.1
- Household goods: means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of that dwelling. See Michigan Laws 475.1
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inspector: means an employee or agent of the department authorized to enforce this act. See Michigan Laws 290.602
- Intrastate motor vehicle: means a motor vehicle that is operated by 1 of the following:
(i) An intrastate-only motor carrier of property. See Michigan Laws 475.1Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Leasing company: means that term as defined in 49 USC 14504a. See Michigan Laws 475.1 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Motor carrier: means a motor carrier of general commodities or a motor carrier of household goods. See Michigan Laws 475.1 Motor carrier of general commodities: means a person that is an authorized for-hire motor carrier, either directly or through any device or arrangement, of property other than household goods upon or over a public highway. See Michigan Laws 475.1 Motor carrier of household goods: means a person that, either directly or through any device or arrangement, packs, loads, unloads, or transports household goods upon or over a public highway for the general public in exchange for payment. See Michigan Laws 475.1 Motor private carrier: means that term as defined in 49 USC 13102. See Michigan Laws 475.1 Motor vehicle: means an automobile, truck, trailer, semitrailer, truck tractor, road tractor, or a self-propelled or motor or mechanically driven vehicle, or a vehicle attached to, connected with, or drawn by a self-propelled or motor or mechanically driven vehicle, used upon a public highway of this state. See Michigan Laws 475.1 MSAG: means a perpetual database that contains information continuously provided by a service district that defines the geographic area of the service district and includes an alphabetical list of street names, the range of address numbers on each street, the names of each community in the service district, the emergency service zone of each service user, and the primary service answering point identification codes. See Michigan Laws 484.1102 NCWM: means the national conference on weights and measures, inc. See Michigan Laws 290.602 Net weight: means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. See Michigan Laws 290.602 NIST: means the United States Department of Commerce, National Institute of Standards and Technology. See Michigan Laws 290.602 NTEP: means the national type evaluation program administered by the NCWM, in cooperation with the states, the private sector, and the NIST for determining on a uniform basis conformance of a type. See Michigan Laws 290.602 Obligations: means bonds, notes, installment purchase contracts, or lease purchase agreements to be issued by a public agency under a law of this state. See Michigan Laws 484.1102 Oversight: Committee review of the activities of a Federal agency or program. Participating laboratory: means a state measurement laboratory that is accredited by NCWM to conduct a type evaluation under the NTEP and determined otherwise acceptable to the director. See Michigan Laws 290.602 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, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 290.602 Person: means an individual, partnership, association, or corporation, and their lessees, trustees, or receivers appointed by a court. See Michigan Laws 475.1 Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 484.1102 Placed-in-service report: means the approved form issued to registered servicepersons and registered service agencies for their use in accordance with the requirements of section 9b. See Michigan Laws 290.602 Prime rate: means the average predominant prime rate quoted by not less than 3 commercial financial institutions as determined by the department of treasury. See Michigan Laws 484.1102 Private safety entity: means a nongovernmental organization that provides emergency fire, ambulance, or medical services. See Michigan Laws 484.1102 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. public: means the part or portion of the general public that a motor carrier is ready, able, willing, and equipped to serve. See Michigan Laws 475.1 Public agency: means a village, township, charter township, or city within the state and any special purpose district located in whole or in part within the state. See Michigan Laws 484.1102 Public highway: means a public highway, road, street, avenue, alley, or thoroughfare of any kind, or a bridge, tunnel, or subway used by the public. See Michigan Laws 475.1 Public safety agency: means a functional division of a public agency, county, or the state that provides fire fighting, law enforcement, ambulance, medical, or other emergency services. See Michigan Laws 484.1102 Registered service agency: means an agency, firm, company, or corporation that installs, services, repairs, reconditions, or places into service commercial weights and measures and that holds a registration issued by the director. See Michigan Laws 290.602 Registered serviceperson: means an individual who installs, services, repairs, reconditions, or places into service commercial weights and measures and who holds a registration issued by the director. See Michigan Laws 290.602 Registration audit: means an official inspection of a registered service agency's or registered serviceperson's accounts, paperwork, and offices. See Michigan Laws 290.602 Relay method: means that a PSAP notes pertinent information and relays it by a communication service to the appropriate public safety agency or other provider of emergency services that has an available emergency service unit located closest to the request for emergency service for dispatch of an emergency service unit. See Michigan Laws 484.1102 Rule: means an administrative rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 290.602 sale: means sale, barter, or exchange. See Michigan Laws 290.602 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nService supplier: means a person providing a communication service to a service user in this state. See Michigan Laws 484.1102 Service user: means a person receiving a communication service. See Michigan Laws 484.1102 shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Subpoena: A command to a witness to appear and give testimony. Tariff: means the rate approved by the public service commission for 9-1-1 service provided by a particular service supplier. See Michigan Laws 484.1102 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. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transfer method: means that a PSAP transfers the 9-1-1 call directly to the appropriate public safety agency or other provider of emergency service that has an available emergency service unit located closest to the request for emergency service for dispatch of an emergency service unit. See Michigan Laws 484.1102 Type: means a model or models of a particular device measurement system, instrument, element, or a field standard that positively identifies the design and that may vary in its measurement ranges, size, performance, and operating characteristics as specified in the certificate of conformance. See Michigan Laws 290.602 Type evaluation: means the testing, examination, and evaluation of a type by a participating laboratory under the NTEP. See Michigan Laws 290.602 UCR motor carrier: means a person that is required to pay fees and file information under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 Unified carrier registration agreement: means the interstate agreement developed under the unified carrier registration plan governing the collection and distribution of registration and financial responsibility information provided and fees paid by UCR motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 Unified carrier registration plan: means the organization of state, federal, and industry representatives responsible for developing, implementing, and administering the unified carrier registration agreement under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Weighing and measuring device: means all instruments and devices of every kind used to determine the quantity of any commodity and includes weights and measures and any appliance and accessories associated with any of these instruments and devices, except meters, appliances, and accessories that are part of a public utility regulated by the Michigan public service commission. See Michigan Laws 290.602 Weights and measures: means weights and measures of every kind, instruments and devices for weighing and measuring, grain moisture meters, and any appliances and accessories associated with any or all of those instruments and devices. See Michigan Laws 290.602 Wireless emergency service order: means the order of the Federal Communications Commission, FCC docket No. See Michigan Laws 484.1102