Terms Used In South Carolina Code > Title 40 > Chapter 45 > Article 1 - General Provisions

• Accredited veterinarian: means a licensed veterinarian approved by the United States Department of Agriculture and the state veterinarian. See South Carolina Code 47-13-1310
• Actor: means a person accused of any of the offenses defined in this chapter. See South Carolina Code 47-21-20
• 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.
• Animal: means a warm- or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects. See South Carolina Code 47-21-20
• Animal facility: includes a vehicle, building, structure, or premises where an animal is kept, tested, handled, housed, exhibited, bred, or offered for sale and includes a research facility where research or testing on animals is conducted. See South Carolina Code 47-21-20
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Barrel: means 42 U. See South Carolina Code 48-43-510
• 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}
• Bequest: Property gifted by will.
• Board: means the State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
• Board: means board of the department. See South Carolina Code 48-43-10
• Certificate of Clearance: means a permit prescribed by the department for the transportation or the delivery of oil or gas or product. See South Carolina Code 48-43-10
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commissioner: means the Commissioner of the Department of Health and Environmental Control. See South Carolina Code 48-2-320
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Condensate: means liquid hydrocarbons that were originally in the gaseous phase in the reservoir. See South Carolina Code 48-43-10
• Consent: means assent in fact, whether express or apparent. See South Carolina Code 47-21-20
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Crop operation: includes a vehicle, building, structure, or premises where a crop is raised, maintained, tested, handled, housed, exhibited, or offered for sale and includes a research facility where research on or testing of crops is conducted. See South Carolina Code 47-21-20
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Labor, Licensing and Regulation;
  
  (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
  
  (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
  
  (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;
  
  (8) "Person" means an individual, partnership, or corporation;
  
  (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
• Department: means the Department of Natural Resources. See South Carolina Code 48-9-15
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-43-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-2-20
• Department: means the Department of Health and Environmental Control. See South Carolina Code 48-2-320
• Department: means the Department of Health and Environmental Control. See South Carolina Code 48-43-510
• Deprive: means :
  
  (a) to withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
  
  (b) to restore the animal or other property only upon payment for reward or other compensation; or
  
  (c) to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely. See South Carolina Code 47-21-20
• Devise: To gift property by will.
• Director: means the administrative head of the department appointed by the board. See South Carolina Code 48-9-15
• Director: means the director of the department. See South Carolina Code 48-43-510
• Discharge: shall include , but not be limited to, any spilling, leaking, seeping, pouring, emitting, emptying, or dumping which occurs within the territorial limits of the State or outside of the territorial limits of the State and affects lands and waters within the territorial limits of the State. See South Carolina Code 48-43-510
• Discharge cleanup organization: means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the State, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities. See South Carolina Code 48-43-510
• Division: means the Land, Water, and Conservation Division of the Department of Natural Resources. See South Carolina Code 48-9-15
• Effective consent: includes consent by a person legally authorized to act for the owner. See South Carolina Code 47-21-20
• Engages in an equine activity: means riding, training, providing, or assisting in providing medical treatment of, driving, or being a passenger upon an equine, mounted or unmounted, or a person assisting a participant or show management. See South Carolina Code 47-9-710
• Environmental Emergency: means a situation, to be determined by the commissioner, that constitutes an immediate threat to the environment or public health, or both, and providing immediate, but temporary relief to the situation may require the expenditure of funds to effect a solution, provide temporary relief, or retain the services of appropriate technical personnel or contractors. See South Carolina Code 48-2-320
• Equine: means a horse, pony, mule, donkey, or hinny. See South Carolina Code 47-9-710
• Equine activity: means :
  
  (a) an equine show, fair, competition, performance, parade, or trail riding that involves a breed of equine and an equine discipline, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and Western performance riding, trail riding and Western games, and hunting. See South Carolina Code 47-9-710
• Equine activity sponsor: means an individual, a group, a club, a partnership, or a corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, a pony club, 4-H club, hunt club, riding club, school and college-sponsored class, program, and activity, therapeutic riding program, and an operator, instructor, and promoter of an equine facility, including, but not limited to, a stable, clubhouse, ponyride string, fair, and an arena at which the activity is held or a landowner who has given permission for the use of his land in an equine activity either by easement or other means. See South Carolina Code 47-9-710
• Equine infectious anemia: means a widely spread, virus-caused disease of the horse, commonly known as swamp fever, which is infectious in nature and spreads by improper use of hypodermic needles, other instruments, and insects. See South Carolina Code 47-13-1310
• Equine professional: means a person engaged for compensation in:
  
  (a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;
  
  (b) renting equipment or tack to a participant; or
  
  (c) examining or administering medical treatment to an equine as a veterinarian. See South Carolina Code 47-9-710
• 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.
• Executor: A male person named in a will to carry out the decedent
• Exposed horse: means a horse which the state veterinarian or his authorized representative has reasonable grounds to believe has been exposed to equine infectious anemia. See South Carolina Code 47-13-1310
• Fiduciary: A trustee, executor, or administrator.
• Field: means the general area underlain by one or more pools. See South Carolina Code 48-43-10
• 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.
• fund: means a special account established within the Treasurer's Office in which is deposited all fees as authorized by this article to be collected for the department's environmental programs. See South Carolina Code 48-2-20
• Fund: means the "Environmental Emergency Fund" established pursuant to this article. See South Carolina Code 48-2-320
• Gas: means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. See South Carolina Code 48-43-10
• 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.
• Horse: means a member of the equine family over six months of age including horses, mules, asses, zebras, or other equidae. See South Carolina Code 47-13-1310
• Illegal Gas: means gas that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. See South Carolina Code 48-43-10
• Illegal Oil: means oil that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. See South Carolina Code 48-43-10
• Illegal Product: means any product derived in whole or in part from illegal oil or illegal gas. See South Carolina Code 48-43-10
• Inherent risk of equine activity: means those dangers or conditions which are an integral part of equine activities, including, but not limited to:
  
  (a) the propensity of an equine to behave in ways that may result in injury, harm, or death to a person on or around the equine;
  
  (b) the unpredictability of an equine's reaction to sound, sudden movement, an unfamiliar object, a person, or another animal;
  
  (c) certain hazards such as surface and subsurface conditions;
  
  (d) collisions with other equines or objects; and
  
  (e) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, as failing to maintain control over the animal or not acting within the participant's ability. See South Carolina Code 47-9-710
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Isolation: means confinement of a reactor horse to an area not less than two hundred yards from another unaffected horse until a blood sample submitted from the reactor horse provides a negative Coggins test from a laboratory approved within the State or death. See South Carolina Code 47-13-1310
• 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.
• Just and Equitable Share of the Production: means , as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed areas of his tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas in the pool. See South Carolina Code 48-43-10
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: includes neat cattle, horses, mules, asses, hogs, sheep and goats; and
  
  (2) "Owner" and "stock owner" mean any person who owns livestock. See South Carolina Code 47-9-210
• Oath: A promise to tell the truth.
• Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. See South Carolina Code 48-43-10
• On-site supervision: means supervision provided by a physical therapist or physical therapist assistant who must be:
  
  (a) continuously on site and present in the department or facility where the supervisee is performing services;
  
  (b) immediately available to assist the supervisee in the services being performed;
  
  (c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to the supervisee. See South Carolina Code 40-45-20
• Owner: means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor. See South Carolina Code 47-21-20
• Owner: means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas that he produces therefrom, either for himself or for himself and others. See South Carolina Code 48-43-10
• Owner: means any person owning a terminal facility; "operator" means any person operating a terminal facility, whether by lease, contract, or other form of agreement. See South Carolina Code 48-43-510
• Participant: means a person, amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See South Carolina Code 47-9-710
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual. See South Carolina Code 40-45-20
• Person: means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity. See South Carolina Code 47-21-20
• Person: means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representatives of any kind, and includes any government or any political subdivision or any agency thereof. See South Carolina Code 48-43-10
• Person: means any individual, partnership, joint venture, corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity. See South Carolina Code 48-43-510
• Personal property: All property that is not real property.
• Physical therapist: means a person who has met all the conditions of this chapter and is licensed in this State to practice physical therapy. See South Carolina Code 40-45-20
• Physical therapist assistant: means a person who is licensed by the board to assist a physical therapist in the practice of physical therapy and whose activities are supervised and directed by a physical therapist whose license is in good standing. See South Carolina Code 40-45-20
• physical therapy: as used in this chapter , and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. See South Carolina Code 40-45-20
• Physical therapy aide: means a nonlicensed person who helps the physical therapist or physical therapist assistant but whose duties do not require an understanding of physical therapy nor formal training in anatomical, biological, or physical sciences. See South Carolina Code 40-45-20
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Pollutant: means any emission that significantly derogates the quality of the air, water or land. See South Carolina Code 48-43-10
• Pollutants: shall include oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof. See South Carolina Code 48-43-510
• Pollution: means the act of emitting pollutants into the air or water or onto the land. See South Carolina Code 48-43-10
• Pollution: means the presence in the outdoor atmosphere or waters of the States of any one or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. See South Carolina Code 48-43-510
• Pool: means an underground reservoir containing a common accumulation of oil and gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool. See South Carolina Code 48-43-10
• Possession: means actual care, custody, control, or management. See South Carolina Code 47-21-20
• practice of physical therapy: means the evaluation and treatment of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury, disease, and any other bodily or mental condition and includes the administration, interpretation, documentation, and evaluation of physical therapy tests and measurements of bodily functions and structures; the establishment, administration, evaluation, and modification of a physical therapy treatment plan which includes the use of physical, chemical, or mechanical agents, activities, instruction, and devices for prevention and therapeutic purposes; and the provision of consultation and educational and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. See South Carolina Code 40-45-20
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Producer: means the owner of a well or wells capable of producing oil or gas or both. See South Carolina Code 48-43-10
• Product: means any commodity made from oil or gas, and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubrication oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. See South Carolina Code 48-43-10
• Protect Correlative Rights: means that the action or regulation by the department should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in his tract or tracts or the equivalent thereto, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent. See South Carolina Code 48-43-10
• Quarantine: means confinement of an exposed horse to an area not less than two hundred yards from another unaffected horse, with no horses being admitted or leaving the premises. See South Carolina Code 47-13-1310
• Quorum: The number of legislators that must be present to do business.
• Reactor: means a horse that reacts positively to an approved serological test performed by an approved laboratory. See South Carolina Code 47-13-1310
• Registrant: is a terminal facility required to possess a valid registration certificate to operate as a terminal facility. See South Carolina Code 48-43-510
• 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.
• Royalty owner: means the person who pursuant to a lease arrangement with another has the right to receive, free of costs, an allocation of production or payments based upon the value of production. See South Carolina Code 48-43-10
• Sanitary landfill: means a solid waste disposal facility regulated by the Department of Health and Environmental Control. See South Carolina Code 48-43-10
• Service of process: The service of writs or summonses to the appropriate party.
• State veterinarian: means the state veterinarian as defined by § 47-13-20. See South Carolina Code 47-13-1310
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terminal facility: means any waterfront or offshore facility of any kind, other than vessels not owned or operated by such facility, and directly associated waterfront or offshore appurtenances including pipelines located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing, or refining pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. See South Carolina Code 48-43-510
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• transferred: includes onloading or offloading between terminal facility and vessel, vessel and vessel, or terminal facility and terminal facility. See South Carolina Code 48-43-510
• Trustee: A person or institution holding and administering property in trust.
• Vessel: includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs. See South Carolina Code 48-43-510
• Waste: means and includes:
  
  (1) physical waste, as that term is generally understood in the oil and gas industry;
  
  (2) the inefficient, excessive, or improper use, or the unnecessary dissipation of, reservoir energy;
  
  (3) the inefficient storing of oil and gas;
  
  (4) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction or oil or gas;
  
  (5) the production of oil or gas in excess of
  
  (a) transportation or marketing facilities;
  
  (b) the amount reasonably required to be produced in the proper drilling, completing or testing of the well from which it is produced; or
  
  (c) oil or gas otherwise usefully utilized but gas produced from an oil well or condensate well pending the time when, with reasonable diligence, the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable shall not be considered waste if the production of such gas has been approved by order of the department;
  
  (6) underground or above ground waste in the production or storage of oil, gas, or condensate, however caused, and whether or not defined in other subdivisions hereof. See South Carolina Code 48-43-10