Terms Used In Oregon Statutes > Chapter 701 > Special Trades

• Administrator: includes but is not limited to all superintendents, assistant superintendents, principals and academic program directors in public schools or education service districts who have direct responsibility for supervision or evaluation of licensed teachers and who are compensated for their services from public funds. See Oregon Statutes 342.120
• 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.
• 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.
• 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.
• 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.
• 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}
• Board: means the Construction Contractors Board. See Oregon Statutes 701.005
• Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS § 339. See Oregon Statutes 343.035
• City: includes any incorporated village or town. See Oregon Statutes 174.100
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means any of the following:

  (a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005

• 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.
• Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
• Dependent: A person dependent for support upon another.
• Determination: means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district. See Oregon Statutes 343.035
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Early childhood special education: means instruction that is:

  (a) Free, appropriate and specially designed to meet the unique needs of a preschool child with a disability;

  (b) Provided from three years of age until the age of eligibility for kindergarten; and

  (c) Provided in any of the following settings:

  (A) The home, a hospital, an institution, a special school, a classroom or a community child care setting;

  (B) A preschool; or

  (C) A combination of a setting described in subparagraph (A) of this paragraph and a preschool. See Oregon Statutes 343.035

• Early intervention services: means services for preschool children with disabilities from birth until three years of age that are:

  (a) Designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child's development;

  (b) Selected in collaboration with the parents; and

  (c) Provided:

  (A) Under public supervision;

  (B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

  (C) In conformity with an individualized family service plan. See Oregon Statutes 343.035

• 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.
• 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 contractor: means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board. See Oregon Statutes 701.005
• 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.
• Home inspector: means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure. See Oregon Statutes 701.005
• Individualized education program: means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. See Oregon Statutes 343.035
• Individualized family service plan: means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter. See Oregon Statutes 343.035
• Instruction: means providing children and families with information and skills that support the achievement of the goals and outcomes in the child's individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:

  (a) Communication development;

  (b) Social or emotional development;

  (c) Physical development, including vision and hearing;

  (d) Adaptive development; and

  (e) Cognitive development. See Oregon Statutes 343.035

• 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}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• 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.
• Officer: means any of the following persons:

  (a) A president, vice president, secretary, treasurer or director of a corporation. See Oregon Statutes 701.005

• Order: has the meaning given that term in ORS Chapter 183. See Oregon Statutes 343.035
• Other services: means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. See Oregon Statutes 343.035
• Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
• 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: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
• Personal property: All property that is not real property.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

  (A) Speech-language and audiology services;

  (B) Interpreting services;

  (C) Psychological services;

  (D) Physical and occupational therapy;

  (E) Recreation, including therapeutic recreation;

  (F) Social work services;

  (G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;

  (H) Early identification and assessment of disabilities in children;

  (I) Counseling services, including rehabilitation counseling;

  (J) Orientation and mobility services;

  (K) Medical services for diagnostic or evaluation purposes;

  (L) Parent counseling and training; and

  (M) Assistive technology. See Oregon Statutes 343.035

• Responsible managing individual: means an individual who:

  (a) Is an owner described in ORS § 701. See Oregon Statutes 701.005

• School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
• Special education: includes instruction that:

  (a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

  (b) May involve physical education services, speech-language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability. See Oregon Statutes 343.035

• Specialty contractor: includes a person who performs work regulated under ORS § 446. See Oregon Statutes 701.005
• State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Teacher: includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction or coordination of educational programs and who are compensated for their services from public funds. See Oregon Statutes 342.120
• Teaching license: means a license issued under ORS § 342. See Oregon Statutes 342.120
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• Worker leasing company: means a person licensed under ORS § 656. See Oregon Statutes 701.005