Minnesota Statutes > Chapter 123B – School District Powers and Duties
Terms Used In Minnesota Statutes > Chapter 123B - School District Powers and Duties
- Academic Health Center: means the seven professional schools in health care related disciplines at the University of Minnesota. See Minnesota Statutes 352F.02
- Accumulated deductions: means the total of the sums deducted from the salary of a member and the total amount of assessments paid by a member in lieu of such deductions, credited to the member's individual fund, less amounts paid to the member or any person in the member's behalf in the form of refundments, annuity payments or benefit payments and less any other amounts deducted pursuant to law. See Minnesota Statutes 354.05
- Actuarial equivalent: means the condition of one annuity or benefit having an equal actuarial present value as another annuity or benefit, determined as of a given date with each actuarial present value based on the appropriate mortality table adopted by the board of trustees based on the experience of the association as recommended by the actuary retained under section 356. See Minnesota Statutes 354.05
- Adult: means a person who is 18 years old or older and who:
(1) has mental illness, developmental disability, physical disability, or functional impairment; or
(2) has substance use disorder or abuses substances. See Minnesota Statutes 245A.02
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- 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.
- 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: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Agency: means the local social services agency or a licensed child-placing agency. See Minnesota Statutes 260B.007
- Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
- Allegation: something that someone says happened.
- Allowable service: has the meaning provided in Minnesota Statutes 1994, section 352. See Minnesota Statutes 352F.02
- Allowable service: has the meaning provided in section 353. See Minnesota Statutes 353F.02
- Allowable service: means :
(1) any service rendered by a teacher for any calendar month when the member receives salary from which deductions are made, deposited and credited in the fund;
(2) any service rendered by a person for any calendar month where payments in lieu of salary deductions are made, deposited and credited into the fund as provided in Minnesota Statutes 1980, section 354. See Minnesota Statutes 354.05
- 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.
- Amortization: Paying off a loan by regular installments.
- Annual base salary: means :
(1) for an independent school district or educational cooperative, the lowest full-time Bachelor of Arts (BA) base contract salary for the previous fiscal year for that employing unit;
(2) for a charter school, the lowest starting annual salary for a full-time teacher employed during the previous fiscal year for that employing unit; and
(3) for a state agency or professional organization, the lowest starting annual salary for a full-time Teachers Retirement Association covered position for the previous fiscal year for that employing unit. See Minnesota Statutes 354.05
- annually: means prior to or within the same month of the subsequent calendar year. See Minnesota Statutes 245A.02
- 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.
- Annuity: means a retirement annuity, optional survivors annuity, or spouses annuity. See Minnesota Statutes 354.05
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appellate courts: means the supreme court and the court of appeals. See Minnesota Statutes 645.44
- Applicant: means an individual, organization, or government entity, as defined in section 13. See Minnesota Statutes 245A.02
- Applicant: means a person who has submitted to a county agency an application and whose application has not been acted upon, denied, or voluntarily withdrawn. See Minnesota Statutes 256J.08
- Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 256J.08
- 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
- Approved actuary: means an actuary who meets the definition in section 356. See Minnesota Statutes 354.05
- APRN: means an individual licensed as an advanced practice registered nurse by the Board of Nursing as defined in section 148. See Minnesota Statutes 354.05
- Arrest: Taking physical custody of a person by lawful authority.
- Association: means the combined membership of all teachers who qualify and participate in the retirement program provided for in this chapter. See Minnesota Statutes 354.05
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- 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.
- Bailiff: a court officer who enforces the rules of behavior in courtrooms.
- 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.
- 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.
- Basic member: means any teacher not covered by any agreement or modification made between the state and the Secretary of Health, Education and Welfare. See Minnesota Statutes 354.05
- 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
- Benefit: means an allowance paid or payable by the association to a surviving dependent spouse or a dependent child which is a fixed amount and also includes an allowance paid or payable by the association to a member or former member who is permanently and totally disabled. See Minnesota Statutes 354.05
- board: means the board of trustees of the Teachers Retirement Association. See Minnesota Statutes 354.05
- Board: means the Board of Trustees of the Minnesota State Colleges and Universities. See Minnesota Statutes 354B.20
- Board of Trustees of the Minnesota State Colleges and Universities: means the governing board for the state universities, the community colleges, and the technical colleges established by section 136F. See Minnesota Statutes 354B.20
- Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
- case manager: includes case management services as defined in Minnesota Rules, part Minnesota Statutes 245D.02
- Case plan: means any plan for the delivery of services to a child and parent or guardian, or, when reunification is not required, the child alone, that is developed according to the requirements of section 245. See Minnesota Statutes 260C.007
- Certification: means the commissioner's written authorization for a license holder to provide specialized services based on certification standards in section 245D. See Minnesota Statutes 245D.02
- Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
- Chambers: A judge's office.
- Chancellor: means the chancellor of the board. See Minnesota Statutes 354B.20
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
- Child: means an individual under 18 years of age and includes any minor alleged to have been delinquent or a juvenile traffic offender prior to having become 18 years of age. See Minnesota Statutes 260B.007
- Child: means an individual under 18 years of age. See Minnesota Statutes 260C.007
- Child abuse: means an act that involves a minor victim that constitutes a violation of section 609. See Minnesota Statutes 260C.007
- Child in need of protection or services: means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E. See Minnesota Statutes 260C.007
- Child-placing agency: means anyone licensed under sections 245A. See Minnesota Statutes 260B.007
- Child-placing agency: means anyone licensed under sections 245A. See Minnesota Statutes 260C.007
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Commissioner: means the commissioner of human services or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
- Commissioner: means the commissioner of the Department of Human Services or the commissioner's designated representative. See Minnesota Statutes 245D.02
- Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
- Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
- 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.
- Community residential setting: means a residential program as identified in section 245A. See Minnesota Statutes 245D.02
- Compelling reasons: means an individualized determination by the responsible social services agency, which is approved by the court, related to a request by the agency not to initiate proceedings to terminate parental rights or transfer permanent legal and physical custody of a child to the child's relative or former noncustodial parent under section 260C. See Minnesota Statutes 260C.007
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- contributions: shall mean "shares. See Minnesota Statutes 352D.015
- Conviction: A judgement of guilt against a criminal defendant.
- Coordinated member: means any teacher covered by any agreement or modification made between the state and the Secretary of Health, Education and Welfare, making the provisions of the federal Old Age, Survivors and Disability Insurance Act applicable to such member. See Minnesota Statutes 354.05
- Countable income: means earned and unearned income that is described in section 256P. See Minnesota Statutes 256J.08
- County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260B.007
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260C.007
- court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Covered employment: means employment covered by this chapter or by chapter 352. See Minnesota Statutes 352D.015
- Covered employment: means employment by an employee in the fiscal year in which the employee first attains eligible employee status, as determined under section 354B. See Minnesota Statutes 354B.20
- 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
- Custodian: means any person who is under a legal obligation to provide care and support for a minor or who is in fact providing care and support for a minor. See Minnesota Statutes 260B.007
- Custodian: means any person who is under a legal obligation to provide care and support for a minor or who is in fact providing care and support for a minor. See Minnesota Statutes 260C.007
- Date of application: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Day services facility: means a facility licensed according to this chapter at which persons receive day services licensed under this chapter from the license holder's direct support staff for a cumulative total of more than 30 days within any 12-month period and the license holder is the owner, lessor, or tenant of the facility. See Minnesota Statutes 245D.02
- Decedent: A deceased person.
- 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.
- delinquent child: means a child:
(1) who has violated any state or local law, except as provided in section 260B. See Minnesota Statutes 260B.007
- Department: means the Department of Human Services. See Minnesota Statutes 245D.02
- Department: means the Minnesota Department of Human Services. See Minnesota Statutes 256J.08
- Dependent child: means a biological or adopted child of a deceased member who has not reached the age of 18, or who is under age 22 and is a full-time student throughout the normal school year, unmarried and dependent for more than one-half of support upon the member. See Minnesota Statutes 354.05
- Designated beneficiary: means the person, trust, or organization designated by a retiree or member to receive the benefits to which a beneficiary is entitled under this chapter. See Minnesota Statutes 354.05
- Developmental disability: means developmental disability as defined in United States Code, title 42, § 6001(8). See Minnesota Statutes 260C.007
- direct support: as used in this chapter and chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor which is paid directly to a recipient of public assistance. See Minnesota Statutes 256.741
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Disqualified: means being ineligible to receive MFIP due to noncooperation with program requirements. See Minnesota Statutes 256J.08
- Docket: A log containing brief entries of court proceedings.
- Documentation: means a written statement or record that substantiates or validates an assertion made by a person or an action taken by a person, agency, or entity. See Minnesota Statutes 256J.08
- Domestic child abuse: means :
(1) any physical injury to a minor family or household member inflicted by an adult family or household member other than by accidental means;
(2) subjection of a minor family or household member by an adult family or household member to any act which constitutes a violation of sections 609. See Minnesota Statutes 260C.007
- Donor: The person who makes a gift.
- DWP: has the meaning given in section 256J. See Minnesota Statutes 256J.08
- Earned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Effective date of privatization: means the date that the operation of a medical facility is assumed by another employer or the date that a medical facility is purchased by another employer and active membership in the Public Employees Retirement Association consequently terminates. See Minnesota Statutes 353F.02
- Egregious harm: means the infliction of bodily harm to a child or neglect of a child which demonstrates a grossly inadequate ability to provide minimally adequate parental care. See Minnesota Statutes 260C.007
- Eligible unclassified administrative position: means the following:
(1) the chancellor of the board;
(2) a president of a state college or university;
(3) an administrator employed in a state university or college, by the board, or by the Minnesota Office of Higher Education; or
(4) other managers and professionals in academic and academic support programs in the unclassified service employed in a state university or college, by the board, or by the Minnesota Office of Higher Education. See Minnesota Statutes 354B.20
- Eligible unclassified faculty position: means employment by an employing unit in:
(1) a classification under section 179A. See Minnesota Statutes 354B.20
- Emergency: means any event that affects the ordinary daily operation of the program including, but not limited to, fires, severe weather, natural disasters, power failures, or other events that threaten the immediate health and safety of a person receiving services and that require calling 911, emergency evacuation, moving to an emergency shelter, or temporary closure or relocation of the program to another facility or service site for more than 24 hours. See Minnesota Statutes 245D.02
- Emotional maltreatment: means the consistent, deliberate infliction of mental harm on a child by a person responsible for the child's care, that has an observable, sustained, and adverse effect on the child's physical, mental, or emotional development. See Minnesota Statutes 260C.007
- Emotionally disturbed: means emotional disturbance as described in section 245. See Minnesota Statutes 260C.007
- Employee shares: means shares in the supplemental fund purchased with the employee's contributions. See Minnesota Statutes 352D.015
- Employer shares: means shares in the supplemental fund purchased with the employer's contributions. See Minnesota Statutes 352D.015
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- estimated market value: has the meaning given in section 273. See Minnesota Statutes 645.44
- 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 director: means the executive director of the Public Employees Retirement Association. See Minnesota Statutes 353F.02
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- 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.
- Fairview: means Fairview Hospital and Healthcare Services, a Minnesota nonprofit corporation, and its successors. See Minnesota Statutes 352F.02
- Family: includes :
(1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and
(2) a pregnant woman with no other children. See Minnesota Statutes 256J.08
- Family and permanency team: means a team consisting of the child's parent or legal custodian, relatives, foster care providers, and professionals who are resources to the child's family such as teachers, medical or mental health providers who have treated the child, or clergy, as appropriate. See Minnesota Statutes 260C.007
- Family foster home: means the home of an individual or family who is licensed for child foster care under Minnesota Statutes, chapter 245A, meeting the standards in Minnesota Rules, chapter 2960, excluding foster residence settings licensed under Minnesota Rules, parts Minnesota Statutes 260C.007
- Family or household members: means spouses, former spouses, parents and children, persons related by blood, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. See Minnesota Statutes 260C.007
- Family violence: means the following, if committed against a family or household member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) terroristic threats, within the meaning of section 609. See Minnesota Statutes 256J.08
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- First class city teacher retirement fund association: means a retirement plan, fund, and plan administration established under chapter 354A. See Minnesota Statutes 354B.20
- 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.
- Folio: means 100 words, counting as a word each number necessarily used; if there be fewer than 100 words in all, the paper shall be computed as one folio; likewise any excess over the last full folio. See Minnesota Statutes 645.44
- 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
- Former spouse: means a person who is no longer a spouse of a member due to dissolution of the marriage, legal separation, or annulment. See Minnesota Statutes 354.05
- Formula program: means a retirement program which provides benefits based on certain percentages multiplied by the years of service and average salary of a member as described in section 354. See Minnesota Statutes 354.05
- Formula service credit: means any allowable service credit as defined in subdivision 13 except:
(1) any service rendered for which contributions were not made in full as determined by the ratio between the amounts of money credited to the teacher's account in a fiscal year and the retirement contribution payable for the fiscal year under sections 354. See Minnesota Statutes 354.05
- Foster care: means 24-hour substitute care for children placed away from their parents or guardian and for whom a responsible social services agency has placement and care responsibility. See Minnesota Statutes 260B.007
- Foster care: means 24-hour substitute care for a child for whom a responsible social services agency has placement and care responsibility and:
(1) who is placed away from the child's parent or guardian in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities not excluded in this subdivision, child care institutions, and preadoptive homes;
(2) who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or
(3) who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section 260C. See Minnesota Statutes 260C.007
- Foster residence setting: has the meaning given in Minnesota Rules, part Minnesota Statutes 245A.02
- Fraud: Intentional deception resulting in injury to another.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- fund: means the teachers retirement fund referred to in this chapter. See Minnesota Statutes 354.05
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- General employees retirement plan: means the general state employees retirement plan under chapter 352. See Minnesota Statutes 352D.015
- 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,
- 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.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Habitual truant: means a child under the age of 17 years who is absent from attendance at school without lawful excuse for seven school days per school year if the child is in elementary school or for one or more class periods on seven school days per school year if the child is in middle school, junior high school, or high school or a child who is 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days per school year and who has not lawfully withdrawn from school under section 120A. See Minnesota Statutes 260C.007
- hearing: means the evidentiary hearing conducted by the department human services judge to resolve disputes as specified in section 256J. See Minnesota Statutes 256J.08
- Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
- Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
- Home and community-based services: means the services identified in section 245D. See Minnesota Statutes 245D.02
- Household: means a group of persons who live together. See Minnesota Statutes 256J.08
- In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
- Incident: means an occurrence which involves a person and requires the program to make a response that is not a part of the program's ordinary provision of services to that person, and includes:
(1) serious injury of a person as determined by section 245. See Minnesota Statutes 245D.02
- Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 256J.08
- indefinite duration: is a period of at least one year. See Minnesota Statutes 354.05
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- 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.
- Individual who is related: means a spouse, a parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. See Minnesota Statutes 245A.02
- Infant: means a child who is at least six weeks old but less than 12 months old. See Minnesota Statutes 245A.02
- 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
- Intestate: Dying without leaving a will.
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Juror: A person who is on the jury.
- Juvenile alcohol offense: means a violation by a child of any provision of section 340A. See Minnesota Statutes 260B.007
- Juvenile controlled substance offense: means a violation by a child of section 152. See Minnesota Statutes 260B.007
- Juvenile petty offense: includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of section 609. See Minnesota Statutes 260B.007
- 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.
- Legal custody: means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of sections 260B. See Minnesota Statutes 260B.007
- Legal custody: means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of section 260C. See Minnesota Statutes 260C.007
- Legal representative: means the parent of a person who is under 18 years of age, a court-appointed guardian, or other representative with legal authority to make decisions about services for a person. See Minnesota Statutes 245D.02
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- License: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.02
- License: has the meaning given in section 245A. See Minnesota Statutes 245D.02
- License holder: means an individual, organization, or government entity that is legally responsible for the operation of the program or service, and has been granted a license by the commissioner under this chapter and the rules of the commissioner. See Minnesota Statutes 245A.02
- License holder: has the meaning given in section 245A. See Minnesota Statutes 245D.02
- Licensed residential family-based substance use disorder treatment program: means a residential treatment facility that provides the parent or guardian with parenting skills training, parent education, or individual and family counseling, under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma according to recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. See Minnesota Statutes 260C.007
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
- Majority leader: see Floor Leaders
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- Medical facility: means a facility that has the primary purpose of providing medical care and that satisfies the definition of governmental subdivision under section 353. See Minnesota Statutes 353F.02
- medication: includes dietary supplements. See Minnesota Statutes 245D.02
- Member of the association: means every teacher who contributes to the teachers retirement fund as provided in this chapter who has not retired, or a teacher who exercises an option to elect coverage under another public pension plan enumerated in section 356. See Minnesota Statutes 354.05
- Mental health crisis intervention team: means a mental health crisis response provider as identified in section 256B. See Minnesota Statutes 245D.02
- MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
- Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
- Minor: means an individual under 18 years of age. See Minnesota Statutes 260B.007
- Minor: means an individual under 18 years of age. See Minnesota Statutes 260C.007
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
- Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
- Minority leader: See Floor Leaders
- Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
- 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.
- 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
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Neglected and in foster care: means a child:
(1) who has been placed in foster care by court order; and
(2) whose parents' circumstances, condition, or conduct are such that the child cannot be returned to them; and
(3) whose parents, despite the availability of needed rehabilitative services, have failed to make reasonable efforts to adjust their circumstances, condition or conduct, or have willfully failed to meet reasonable expectations with regard to visiting the child or providing financial support for the child. See Minnesota Statutes 260C.007
- Normal retirement age: means age 65 for a person who first became a member of the association or a member of a pension fund listed in section 356. See Minnesota Statutes 354.05
- Oath: A promise to tell the truth.
- Oath: includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed. See Minnesota Statutes 645.44
- 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.
- Optional survivors annuity: means the payments made by the association to a survivor of a former member pursuant to an optional annuity form selected by such member at or before retirement which varies in amount depending primarily upon both employee and employer contributions made by and in behalf of the particular member. See Minnesota Statutes 354.05
- Organization: means a domestic or foreign corporation, nonprofit corporation, limited liability company, partnership, limited partnership, limited liability partnership, association, voluntary association, and any other legal or commercial entity. See Minnesota Statutes 245A.02
- Overpayment: means the portion of an assistance payment issued by the county agency that is greater than the amount for which the assistance unit is eligible. See Minnesota Statutes 256J.08
- Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
- Parent: means the birth or adoptive parent of a minor. See Minnesota Statutes 260B.007
- Parent: means a person who has a legal parent and child relationship with a child which confers or imposes on the person legal rights, privileges, duties, and obligations consistent with sections 257. See Minnesota Statutes 260C.007
- Participant: includes any of the following:
(1) a person who is currently receiving cash assistance or the food portion available through MFIP;
(2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;
(3) the caregiver relative and the minor child whose needs are included in the assistance payment;
(4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP; and
(5) a person who receives cash payments under family stabilization services under section 256J. See Minnesota Statutes 256J.08
- Participant: means a person who is employed in covered employment by the board and who elects coverage by the plan under section 354B. See Minnesota Statutes 354B.20
- Payment month: means the calendar month for which the assistance payment is paid. See Minnesota Statutes 256J.08
- Permanency plan: means the established goal in the out-of-home placement plan that will achieve a safe, permanent home for the child. See Minnesota Statutes 260C.007
- Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
- Person: has the meaning given in section 245A. See Minnesota Statutes 245D.02
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260B.007
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260C.007
- Person trained in domestic violence: means an individual who works for an organization that is designated by the Minnesota Center for Crime Victims Services as providing services to victims of domestic violence, or a county staff person who has received similar specialized training, and includes any other person or organization designated by a qualifying organization under this section. See Minnesota Statutes 256J.08
- Personal property: All property that is not real property.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Physician: means a person who is licensed under chapter 147. See Minnesota Statutes 245D.02
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan: means the individual retirement account plan established by this chapter. See Minnesota Statutes 354B.20
- Plan administrator: means the board employee or an independent contract agent designated by the board to perform the primary administrative functions relating to the plan. See Minnesota Statutes 354B.20
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- 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
- 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.
- Privatization: means a medical facility that privatizes when the facility ceases to be a governmental subdivision for any reason other than that the medical facility closes or permanently ceases to operate. See Minnesota Statutes 353F.02
- Privatized former public employee: means a person who:
(1) was employed by the privatized former public employer on the day before the effective date of privatization; or
(2) terminated employment with the privatized former public employer on the day before the effective date; and
(3) was a participant in the general employees retirement plan of the Public Employees Retirement Association at the time of termination of employment with the privatized former public employer. See Minnesota Statutes 353F.02
- Privatized former public employer: means a medical facility that was included in the definition of governmental subdivision under section 353. See Minnesota Statutes 353F.02
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Program: means either the nonresidential or residential program as defined in section 245A. See Minnesota Statutes 245D.02
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Prospective budgeting: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- public assistance: as used in this chapter and chapters 257, 518, 518A, and 518C, includes any form of assistance provided under the AFDC program formerly codified in sections 256. See Minnesota Statutes 256.741
- Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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 member: means a person who is not, or never was, a member of the profession or occupation being licensed or regulated or the spouse of any such person, or a person who does not have or has never had, a material financial interest in either the providing of the professional service being licensed or regulated, or an activity directly related to the profession or occupation being licensed or regulated. See Minnesota Statutes 645.44
- Public waters: means public waters as defined in section 103G. See Minnesota Statutes 645.44
- Putative father: has the meaning given in section 259. See Minnesota Statutes 260C.007
- Qualified individual: means a trained culturally competent professional or licensed clinician, including a mental health professional under section 245. See Minnesota Statutes 260C.007
- Qualified residential treatment program: means a children's residential treatment program licensed under chapter 245A or licensed or approved by a tribe that is approved to receive foster care maintenance payments under section 256. See Minnesota Statutes 260C.007
- Quarterly: means at least every 90 calendar days, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
- Quorum: The number of legislators that must be present to do business.
- Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recess: A temporary interruption of the legislative business.
- Recoupment: means the action of the county agency to reduce a family's monthly assistance payment to recover overpayments caused by client or agency error and overpayments received while an appeal is pending. See Minnesota Statutes 256J.08
- Relative: means a parent, stepparent, grandparent, brother, sister, uncle, or aunt of the minor. See Minnesota Statutes 260B.007
- Relative: means a person related to the child by blood, marriage, or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual who is an important friend of the child or of the child's parent or custodian, including an individual with whom the child has resided or had significant contact or who has a significant relationship to the child or the child's parent or custodian. See Minnesota Statutes 260C.007
- 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.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Residential treatment facility: means a 24-hour-a-day program that provides treatment for children with emotional disturbance, consistent with section 245. See Minnesota Statutes 260C.007
- Responsible social services agency: means the county social services agency that has responsibility for public child welfare and child protection services and includes the provision of adoption services as an agent of the commissioner of human services. See Minnesota Statutes 260C.007
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Retirement: means the withdrawal of a member from active teaching service who is paid a retirement annuity thereafter and commences with the date designated by the retirement board when the retirement annuity first accrues to the former member after withdrawal from active teaching service and application for an annuity under section 354. See Minnesota Statutes 354.05
- Retirement annuity: means the payments made by the association to a former member after retirement. See Minnesota Statutes 354.05
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Runaway: means an unmarried child under the age of 18 years who is absent from the home of a parent or other lawful placement without the consent of the parent, guardian, or lawful custodian. See Minnesota Statutes 260C.007
- Sabbatical leave: means a sabbatical leave as specified in the applicable collective bargaining agreement or personnel policy of the board for its employees. See Minnesota Statutes 354B.20
- salary: means the periodic compensation, upon which member contributions are required before deductions for deferred compensation, supplemental retirement plans, or other voluntary salary reduction programs. See Minnesota Statutes 354.05
- School age: means a child who is at least five years of age, but is younger than 11 years of age. See Minnesota Statutes 245A.02
- seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
- Secure detention facility: means a physically restricting facility, including but not limited to a jail, a hospital, a state institution, a residential treatment center, or a detention home used for the temporary care of a child pending court action. See Minnesota Statutes 260B.007
- Secure detention facility: means a physically restricting facility, including but not limited to a jail, a hospital, a state institution, a residential treatment center, or a detention home used for the temporary care of a child pending court action. See Minnesota Statutes 260C.007
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
- Service: means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the support plan. See Minnesota Statutes 245D.02
- Service of process: The service of writs or summonses to the appropriate party.
- Service site: means the location where the service is provided to the person, including, but not limited to, a facility licensed according to chapter 245A; a location where the license holder is the owner, lessor, or tenant; a person's own home; or a community-based location. See Minnesota Statutes 245D.02
- Sexually exploited youth: means an individual who:
(1) is alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct;
(2) is a victim of a crime described in section 609. See Minnesota Statutes 260C.007
- Shelter care facility: means a physically unrestricting facility, such as, but not limited to, a hospital, a group home, or a licensed facility for foster care, used for the temporary care of a child pending court action. See Minnesota Statutes 260B.007
- Shelter care facility: means a physically unrestricting facility, such as but not limited to, a hospital, a group home or a licensed facility for foster care, used for the temporary care of a child pending court action. See Minnesota Statutes 260C.007
- Sibling: means one of two or more individuals who have one or both parents in common through blood, marriage, or adoption. See Minnesota Statutes 260C.007
- Small business: means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:
(1) is not an affiliate or subsidiary of a business dominant in its field of operation; and
(2) has 20 or fewer full-time employees; or
(3) in the preceding fiscal year has not had more than the equivalent of $1,000,000 in annual gross revenues; or
(4) if the business is a technical or professional service, shall not have had more than the equivalent of $2,500,000 in annual gross revenues in the preceding fiscal year. See Minnesota Statutes 645.445
- staff: means employees of the license holder who have direct contact with persons served by the program and includes temporary staff or subcontractors, regardless of employer, providing program services for hire under the control of the license holder who have direct contact with persons served by the program. See Minnesota Statutes 245D.02
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- supervision: means when a program staff person:
(1) is accountable for the child's care;
(2) can intervene to protect the health and safety of the child; and
(3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). See Minnesota Statutes 245A.02
- Supervision: means :
(1) oversight by direct support staff as specified in the person's support plan or support plan addendum and awareness of the person's needs and activities;
(2) responding to situations that present a serious risk to the health, safety, or rights of the person while services are being provided; and
(3) the presence of direct support staff at a service site while services are being provided, unless a determination has been made and documented in the person's support plan or support plan addendum that the person does not require the presence of direct support staff while services are being provided. See Minnesota Statutes 245D.02
- Support plan: has the meaning given in sections 256B. See Minnesota Statutes 245D.02
- Support plan addendum: means the documentation that this chapter requires of the license holder for each person receiving services. See Minnesota Statutes 245D.02
- Support team: means the service planning team identified in section 256B. See Minnesota Statutes 245D.02
- Surviving spouse: means the spouse of a deceased member or a disabilitant who was legally married to the member at the time of death. See Minnesota Statutes 354.05
- Teacher: means :
(1) a person who renders service as a teacher, supervisor, principal, superintendent, librarian, nurse, counselor, social worker, therapist, or psychologist in:
(i) a public school of the state other than in Independent School District No. See Minnesota Statutes 354.05
- teaching: includes the service performed by any person coming within the definition of "teacher" as set forth in subdivision 2. See Minnesota Statutes 354.05
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- Terminated hospital employee: means a person who:
(1) was employed on the day before the effective date by the University of Minnesota at the University of Minnesota Hospital and clinics or the Academic Health Center and was paid on a biweekly payroll;
(2) terminated employment with the University of Minnesota on the day before the effective date or in the case of employees of the Academic Health Center, terminated employment with the University of Minnesota after the effective date but immediately transferred employment to the University of Minnesota Physicians or University Affiliated Family Physicians; and
(3) was a participant in the general state employees retirement plan of the Minnesota State Retirement System at the time of termination of employment with the University of Minnesota. See Minnesota Statutes 352F.02
- Termination of teaching service: means the withdrawal of a member from active teaching service by resignation or the termination of the member's teaching contract by the employer. See Minnesota Statutes 354.05
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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 and permanent disability: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration. See Minnesota Statutes 354.05
- Total shares: means all the employee shares and employer shares credited to a participant. See Minnesota Statutes 352D.015
- 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.
- Transitional standard: means the basic standard for a family without earned income and is a combination of the cash portion and food portion as specified in section 256J. See Minnesota Statutes 256J.08
- trauma: means an event, series of events, or set of circumstances experienced by an individual as physically or emotionally harmful or life-threatening and has lasting adverse effects on the individual's functioning and mental, physical, social, emotional, or spiritual well-being. See Minnesota Statutes 245A.02
- 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.
- Unclaimed plan account amounts: means the accounts of any plan participant who has terminated employment by the Minnesota State Colleges and Universities System or who has died, or of the surviving spouse, beneficiary, or estate of the participant if the plan administrator is unable to locate the applicable recipient in accordance with Internal Revenue Service due diligence requirements. See Minnesota Statutes 354B.20
- Unclassified program: means the program established by this chapter. See Minnesota Statutes 352D.015
- Unearned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- 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
- University Affiliated Family Physicians: means the private practice group of the Department of Family Practice in the university's medical school. See Minnesota Statutes 352F.02
- University of Minnesota: means University of Minnesota Hospital and clinics, the hospitals and clinics operated by the regents of the University of Minnesota. See Minnesota Statutes 352F.02
- University of Minnesota Physicians: means the multispecialty single group medical practice group in which medical school faculty will practice medicine beginning in 1997. See Minnesota Statutes 352F.02
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
- Value: means the market value of the account at the end of the United States investment market day. See Minnesota Statutes 352D.015
- Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
- Vendor: means a provider of goods or services. See Minnesota Statutes 256J.08
- Vendor payment: means a payment authorized by a county agency to a vendor. See Minnesota Statutes 256J.08
- Venue: The geographical location in which a case is tried.
- Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 256J.08
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Violate: includes failure to comply with. See Minnesota Statutes 645.44
- Volunteer: means an individual who, under the direction of the license holder, provides direct services without pay to a person served by the license holder. See Minnesota Statutes 245D.02
- withholding of medically indicated treatment: means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C. See Minnesota Statutes 260C.007
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
- Years of allowable service: means the total number of years of allowable service under section 353. See Minnesota Statutes 353F.02