Terms Used In Rhode Island General Laws > Chapter 5-37.2 - The Practice of Acupuncture and Chinese Medicine

• Accountability standards: means measures including service processes, client and population outcomes, practice standard compliance and fiscal integrity of social and human service providers on the individual contractual level and service type for all state contacts of the state or any subdivision or agency to include, but not limited to, the department of children, youth and families (DCYF), the department of behavioral healthcare, developmental disabilities and hospitals (BHDDH), the department of human services (DHS), the department of health (DOH), and Medicaid. See Rhode Island General Laws 42-14.5-2.1
• Administrative penalty: means a monetary penalty that does not exceed the civil penalty specified by statute. See Rhode Island General Laws 42-17.8-2
• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistant superintendent: means the individual who is an operator who is assigned the direct responsibility for the management, operation and maintenance of a wastewater treatment facility in the absence of the superintendent and who shall have a certificate equal to the grade or classification of the wastewater treatment facility. See Rhode Island General Laws 42-17.4-4
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Bequest: Property gifted by will.
• Board: means the board of certification established by Rhode Island General Laws 42-17.4-4
• Certificate: means a certificate of competency issued by the board to an individual to operate one or more specified classes of wastewater treatment facilities. See Rhode Island General Laws 42-17.4-4
• Chambers: A judge's office.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• 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.
• 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.
• Department: means the department of environmental management. See Rhode Island General Laws 42-17.8-2
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the director of the department of environmental management or his or her duly authorized agent. See Rhode Island General Laws 42-17.8-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Due diligence: means a regulated entity's regular, customary and systematic efforts to prevent, detect and correct violations by consistently employing practices in its operation that ensures protection of the natural environment through the use of an environmental management system. See Rhode Island General Laws 42-17.8-2
• Environmental audit: means a systematic, documented, and objective review of a regulated entity's facility operations and occupational practices which affect the regulated entity's compliance with environmental laws. See Rhode Island General Laws 42-17.8-2
• Environmental law: means all federal, state or municipal statutes, rules, regulations, permits, licenses or other legal requirements that are administered or enforced by the department, and shall also include any judicial or administrative order or consent agreement. See Rhode Island General Laws 42-17.8-2
• Environmental management system: means a systemic and objective mechanism for assuring the compliance policies, standards and procedures are being carried out, including monitoring and auditing systems reasonably designed to detect and correct violations and periodic evaluation of the overall performance of the environmental management system. See Rhode Island General Laws 42-17.8-2
• 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.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Gravity-based penalties: means that portion of an administrative penalty over and above a regulated entity's direct economic gain from noncompliance with any environmental laws, and costs or expenses incurred by the state relating to a regulated entity's violation of any environmental law. See Rhode Island General Laws 42-17.8-2
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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}
• magistrate: may be construed to mean a justice, or a clerk acting as a justice, of a district court. See Rhode Island General Laws 43-3-16
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Operator: means an individual who is assigned the responsibility on one or more mechanical treatment units, processes, or other important functions at a wastewater treatment facility. See Rhode Island General Laws 42-17.4-4
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any agency or political subdivision of the state, any state public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity or any group of them or any officer, employee, or agent of them. See Rhode Island General Laws 42-17.8-2
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body, or any other legal entity. See Rhode Island General Laws 42-17.4-4
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Rate review: means the process of reviewing and reporting of specific trending factors that influence the cost of service that informs rate setting. See Rhode Island General Laws 42-14.5-2.1
• Rate setting: means the process of establishing rates for social and human service programs that are based on a thorough rate review process. See Rhode Island General Laws 42-14.5-2.1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regulated entity: means any person including a federal, state or municipal agency or facility, regulated under federal or state environmental laws. See Rhode Island General Laws 42-17.8-2
• 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.
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Secondary violation: means a violation that poses no actual threat or a low potential for threat to human health and the environment. See Rhode Island General Laws 42-17.8-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Social and human service program: means a social, mental health, developmental disability, child welfare, juvenile justice, prevention services, habilitative, rehabilitative, substance use disorder treatment, residential care, adult or adolescent day services, vocational, employment and training, or aging service program or accommodations purchased by the state. See Rhode Island General Laws 42-14.5-2.1
• Social and human service provider: means a provider of social and human service programs pursuant to a contract with the state or any subdivision or agency to include, but not be limited to, the department of children, youth and families (DCYF), the department of behavioral healthcare, developmental disabilities and hospitals (BHDDH), the department of human services (DHS), the department of health (DOH), and Medicaid. See Rhode Island General Laws 42-14.5-2.1
• State government and the provider network: refers to the contractual relationship between a state agency or subdivision of a state agency and private companies the state contracts with to provide the network of mandated and discretionary social and human services. See Rhode Island General Laws 42-14.5-2.1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the individual who is an operator who is assigned the direct responsibility for the management, operation and maintenance of a wastewater treatment facility during all working shifts at the facility and who shall hold a certificate equal to the grade or classification of the wastewater treatment facility. See Rhode Island General Laws 42-17.4-4
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Violation: means infraction of or noncompliance with any environmental law enforced or administered by the department. See Rhode Island General Laws 42-17.8-2
• Wastewater: means used water delivered to a wastewater treatment facility. See Rhode Island General Laws 42-17.4-4
• Wastewater treatment facility: means an arrangement of devices and structures excluding septic tanks constructed and installed for the purpose of treatment of wastewater from domestic, commercial or industrial sources or combinations thereof. See Rhode Island General Laws 42-17.4-4
• 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.