Terms Used In Minnesota Statutes > Chapter 15B - Capitol Area Planning and Preservation

• 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
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Amortization: Paying off a loan by regular installments.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means an individual, organization, or government entity, as defined in section 13. See Minnesota Statutes 245A.02
• 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.
• 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.
• 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.
• case manager: includes case management services as defined in Minnesota Rules, part Minnesota Statutes 245D.02
• 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
• Chambers: A judge's office.
• 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.
• Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
• 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
• 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
• 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.
• 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
• Covered employment: means employment covered by this chapter or by chapter 352. See Minnesota Statutes 352D.015
• 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
• 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.
• Department: means the Department of Human Services. See Minnesota Statutes 245D.02
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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:
• 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}
• 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
• 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.
• 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}
• 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}
• Ex officio: Literally, by virtue of one's office.
• 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}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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
• 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}
• Foster residence setting: has the meaning given in Minnesota Rules, part Minnesota Statutes 245A.02
• 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.
• 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.
• 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 and community-based services: means the services identified in section 245D. See Minnesota Statutes 245D.02
• 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

• 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}
• 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}
• Legacy: A gift of property made by will.
• 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).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Majority leader: see Floor Leaders
• medication: includes dietary supplements. See Minnesota Statutes 245D.02
• Mental health crisis intervention team: means a mental health crisis response provider as identified in section 256B. See Minnesota Statutes 245D.02
• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• 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
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• 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.
• Program: means either the nonresidential or residential program as defined in section 245A. See Minnesota Statutes 245D.02
• 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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
• 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.
• 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}
• 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• 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 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
• 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.
• 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
• Testate: To die leaving a will.
• Testify: Answer questions in court.
• 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 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.
• 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.
• Unclassified program: means the program established by this chapter. See Minnesota Statutes 352D.015
• Value: means the market value of the account at the end of the United States investment market day. See Minnesota Statutes 352D.015
• Venue: The geographical location in which a case is tried.
• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
• 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
• 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.