Terms Used In South Carolina Code > Title 40 > Chapter 47 > Article 1 - General Provisions

• abandoned: means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. See South Carolina Code 50-21-10
• Active license: means the status of an authorization to practice that has been renewed for the current period and authorizes the licensee to practice in this State. See South Carolina Code 40-47-20
• Administrative hearing officer: means a physician designated by the board or director. See South Carolina Code 40-47-20
• Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;
  
  (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
• Adverse disciplinary action: means a final decision by a United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, or a court, which action was not resolved completely in the licensee's favor. See South Carolina Code 40-47-20
• 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: means the South Carolina Commission on Higher Education. See South Carolina Code 59-58-20
• Allegation: something that someone says happened.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means the person who or nonprofit corporate entity that desires to form a charter school and files the necessary application with the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, or the board of trustees or area commission of a public or independent institution of higher learning. See South Carolina Code 59-40-40
• 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 written scope of practice guidelines: means specific statements developed by a physician or the medical staff and a physician assistant that establish physician delegation for medical aspects of care, including the prescription of medications. See South Carolina Code 40-47-20
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means a regional transportation authority created pursuant to this chapter and the authorities so created are exempt from the provisions of Article 11 of Chapter 11 of Title 6. See South Carolina Code 58-25-20
• automobile graveyard: shall mean any establishment which is maintained or used for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. See South Carolina Code 57-27-20
• Auxiliary power unit: means a mechanical or electrical device affixed to a vehicle that is designed to be used to generate an alternative source of power for any of the vehicle's systems other than the primary propulsion engine. See South Carolina Code 56-35-10
• Avoided costs: means payments for purchases of electricity made according to an electrical utility's most recently approved or established avoided cost rates in this State or rates negotiated pursuant to PURPA, in the year the costs are incurred, for purchases of electricity from qualifying facilities pursuant to Section 210 of the Public Utility Regulatory Policies Act, said costs to be calculated as set forth in § 58-39-140(A)(1). See South Carolina Code 58-39-120
• Avoided costs: means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would generate itself or purchase from another source. See South Carolina Code 58-41-10
• 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.
• Bang stick: means a device containing a charge mounted on a spear, pole, or other contrivance which is activated in order to stun or kill fish or other marine resource. See South Carolina Code 50-5-15
• 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.
• Base student: means that student classification that represents the most economically educated pupil in the school system, those in grades four through eight in regular classroom settings. See South Carolina Code 59-20-20
• 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.
• 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}
• Bequeath: To gift property by will.
• Bequest: Property gifted by will.
• Blind student: means an individual who is eligible for special education services and who:
  
  (a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or
  
  (b) has a medically indicated expectation of visual deterioration. See South Carolina Code 59-34-20
• Board: means the State Board of Education. See South Carolina Code 59-32-10
• Board: means the State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
• Board-approved credentialing organization: means an organization that offers a certification examination in a specialty area of practice, establishes scope and standards of practice statements, and provides a mechanism approved by the board for evaluating continuing competency in a specialized area of practice. See South Carolina Code 40-47-20
• Boat: means a vessel. See South Carolina Code 50-21-10
• Braille: means the system of reading and writing through touch commonly known as standard English Braille. See South Carolina Code 59-34-20
• Bull rake: means a rake having a basket and a width greater than twelve inches. See South Carolina Code 50-5-15
• Bushel: means one U. See South Carolina Code 50-5-15
• Business days: means every day except Saturdays, Sundays, and legal holidays. See South Carolina Code 40-47-20
• Business with which he is associated: means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock. See South Carolina Code 58-4-5
• Cancellation: means the withdrawal or invalidation of an authorization to practice that was issued to an ineligible person either in error or based upon a false, fraudulent, or deceptive representation in the application process. See South Carolina Code 40-47-20
• Cast net: means nonbaited circular webbing having a weighted peripheral line which is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line. See South Carolina Code 50-5-15
• Certification: means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. See South Carolina Code 40-47-20
• Chambers: A judge's office.
• Channel net: means any conical-shaped, fixed, or stationary net used for taking shrimp which:
  
  (a) is attached to poles, stakes, anchors, buoys, or other fixed objects; and
  
  (b) has a mesh size of less than two and one-half inches when the mesh is stretched; and is also known as a set net. See South Carolina Code 50-5-15
• Charter committee: means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. See South Carolina Code 59-40-40
• Charter fishing vessel: means a vessel used to transport recreational saltwater fishermen for hire and includes charter, party, and head boats. See South Carolina Code 50-5-15
• charter school: means a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by sponsorship of a public school district, the South Carolina Public Charter School District, or a public or independent institution of higher learning, but is accountable to the board of trustees, or in the case of technical colleges, the area commission, of the sponsor which grants its charter. See South Carolina Code 59-40-40
• Charter school contract: means a fixed term, renewable contract between a charter school and a sponsor that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See South Carolina Code 59-40-40
• Chop shop: means any building, lot, or other premises where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling, or knowingly storing any motor vehicle, or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order either to:
  
  (a) alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part, or
  
  (b) sell or dispose of the motor vehicle or motor vehicle part. See South Carolina Code 56-29-20
• City: means any municipality with a population of five thousand or more according to the latest United States Census of population located within the service area of the authority. See South Carolina Code 58-25-20
• 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.
• CMA: means a person who is a graduate of a post-secondary medical assisting education program accredited by the National Healthcare Association, or its successor; by the Committee on Allied Health Education and Accreditation of the American Medical Association, or its successor; by the Accrediting Bureau of Health Education Schools, or its successor; or by any accrediting agency recognized by the United States Department of Education. See South Carolina Code 40-47-20
• Commercial diesel vehicle: means a self-propelled diesel motor vehicle licensed for use on a public roadway to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of ten thousand and one pounds or more, whichever is greater. See South Carolina Code 56-35-10
• Commercial equipment: means :
  
  (a) any trawl, haul seine, gill net, channel net, bull rake, seed fork, grabs, escalator, or dredge; and
  
  (b) any net, seine, trap, pot, tongs, rake, fork, trotline, or other device or appliance when used for taking or attempting to take fish for a commercial purpose. See South Carolina Code 50-5-15
• Commercial purpose: means :
  
  (a) being engaged in buying or selling fish;
  
  (b) taking or attempting to take fish in order to derive income or other consideration;
  
  (c) using commercial equipment; and
  
  (d) otherwise being engaged in the fisheries industry with the intent to derive income. See South Carolina Code 50-5-15
• Commission: means the Public Service Commission. See South Carolina Code 58-4-5
• Commission: means the South Carolina Public Service Commission. See South Carolina Code 58-41-10
• Commission: means the South Carolina Commission on Higher Education. See South Carolina Code 59-58-20
• Commissioner: means the Chief Executive Officer of the South Carolina Commission on Higher Education, or a person designated by the commissioner to administer the provisions of this chapter. See South Carolina Code 59-58-20
• 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.
• Comprehensive health education: means health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices of children and youth that are conducive to their good health and that promote wellness, health maintenance, and disease prevention. See South Carolina Code 59-32-10
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Consolidated government: means the governmental body formed by corporate consolidation of municipal and county governments under the laws of this State into a single local government entity. See South Carolina Code 58-25-20
• Consumer: means the purchaser or lessor, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes and subject to the manufacturer's express warranty, and any other person entitled by the warranty to enforce the obligations of the warranty. See South Carolina Code 56-28-10
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contributor: means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract. See South Carolina Code 59-4-20
• convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
• 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.
• County: means any county of this State, all or any part of which may be included in an "urbanized area" as defined by the United States Bureau of the Census and as further defined in this chapter. See South Carolina Code 58-25-20
• 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.
• Credit recovery: means self-paced, semester-long courses that target learning in areas of greatest weakness, allowing nontraditional or at-risk students to rapidly complete courses, recover credits, and progress to graduation. See South Carolina Code 59-16-30
• Criminal history: means a federal, state, or local criminal history of conviction or a pending charge or indictment of a crime, whether a misdemeanor or a felony, that bears upon a person's fitness or suitability for an authorization to practice with responsibility for the safety and well-being of others. See South Carolina Code 40-47-20
• Culch: means oyster shell or other substrate which is purposely placed for propagation of oysters through the attachment of oyster larvae. See South Carolina Code 50-5-15
• Damage: means a loss or damage to a rented vehicle or rental vehicle including the loss of use and costs and expenses incident to the damage, loss, and loss of use. See South Carolina Code 56-31-20
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Degree: includes , but is not limited to, any academic credential or designation not less than, but including associate, bachelor, master, doctor, or fellow, whether earned or honorary, which signifies, purports, or is generally taken to signify partial or satisfactory completion of the requirements of an academic, occupational, business, or other program of study beyond the secondary school level. See South Carolina Code 59-58-20
• Delegated medical acts: means additional acts delegated by a physician or dentist to a physician assistant, respiratory care practitioner, anesthesiologist's assistant, or other practitioner authorized by law under approved written scope of practice guidelines or approved written protocols as provided by law in accordance with the applicable scope of professional practice. See South Carolina Code 40-47-20
• Dentist: means a dentist licensed by the South Carolina Board of Dentistry. See South Carolina Code 40-47-20
• Department: means the Department of Transportation. See South Carolina Code 57-27-20
• Department: means the State Department of Education. See South Carolina Code 59-32-10
• 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 South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
• Dependent: A person dependent for support upon another.
• 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.
• Designated beneficiary: means the individual who is designated as the beneficiary of amounts paid or to be paid to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the individual who is the new beneficiary. See South Carolina Code 59-4-20
• Devise: To gift property by will.
• Director: means the head of the South Carolina Tuition Prepayment Program. See South Carolina Code 59-4-20
• Disciplinary action: means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. See South Carolina Code 40-47-20
• 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:
• Distance learning: means the acquisition of knowledge and skills through mediated information and instruction, encompassing all technologies and other forms of learning at a distance. See South Carolina Code 59-16-30
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Dredge: means equipment used for harvesting bottom dwelling aquatic life which is not a trawl and is powered by mechanical means, and is designed to contact the bottom when in operation. See South Carolina Code 50-5-15
• Drop net: means a net mounted to a rigid frame with its diameter or diagonal width being eight feet or less and designed to be fished vertically by hand. See South Carolina Code 50-5-15
• Eligible customer: means a retail customer with a new or existing contract demand greater than or equal to one megawatt at a single-metered location or aggregated across multiple-metered locations. See South Carolina Code 58-41-10
• Elver: means all American eels (Anguilla rostrata) less than or equal to six inches in total length. See South Carolina Code 50-5-15
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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.
• Entity: includes , but is not limited to, a person or group of persons. See South Carolina Code 59-58-20
• Entity: means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law. See South Carolina Code 40-47-20
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• 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.
• Family life education: means instruction intended to:
  
  (a) develop an understanding of the physical, mental, emotional, social, economic, and psychological aspects of close personal relationships and an understanding of the physiological, psychological, and cultural foundations of human development;
  
  (b) provide instruction that will support the development of responsible personal values and behavior and aid in establishing a strong family life for themselves in the future and emphasize the responsibilities of marriage. See South Carolina Code 59-32-10
• Federal aid primary system: means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Department of Transportation, and approved by the Secretary of Commerce or other appropriate federal official, pursuant to the provisions of Title 23 of the United States Code. See South Carolina Code 57-27-20
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Final decision: means an order of the board that concludes a license application proceeding or formal disciplinary proceeding. See South Carolina Code 40-47-20
• Financial contribution: means the sum of actual cash plus the actual value of any materials or in-kind services supplied. See South Carolina Code 58-25-20
• 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.
• Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
• Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fork length: means the length of a fish laid flat and measured from the tip of the closed mouth (snout) to the center of the fork of the tail. See South Carolina Code 50-5-15
• Formal complaint: means a formal written complaint charging misconduct by a respondent in violation of this chapter, Chapter 1 of Title 40, or any other provision of law. See South Carolina Code 40-47-20
• Foundation program: means the program proposed to establish substantially equitable current operation funding levels for programs for South Carolina's public school students, regardless of their geographic location, after the students are transported to school and housed in school plants. See South Carolina Code 59-20-20
• 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 South Carolina Tuition Prepayment Program Fund. See South Carolina Code 59-4-20
• 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
• Generation credit: means a credit applied by an electrical utility to the bill of a participating customer that is equal to the value of the energy and capacity avoided by the electrical utility as a result of procuring energy and capacity from a renewable energy facility. See South Carolina Code 58-41-10
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gig: means a device used to spear fish by hand; to take fish by hand by use of a prong, spear, or similar device and includes bow and arrow. See South Carolina Code 50-5-15
• Gill net: means a net which is designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles, and does not include gill net for taking shad unless specified. See South Carolina Code 50-5-15
• 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.
• Haul seine: means a net of twine no smaller than #9 with a stretched mesh size no smaller than two inches and no larger than two and seven-eighths inches, one end of which is anchored to the shore and the other end is moved through the water by a vessel to take fish by encircling the fish and then being mechanically drawn to the shore. See South Carolina Code 50-5-15
• Herring: means all life stages of the river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). See South Carolina Code 50-5-15
• Immediate family: means an individual who is:
  
  (a) a child residing in the person's household;
  
  (b) a spouse of the person; or
  
  (c) an individual claimed by the person or the person's spouse as a dependent for income tax purposes. See South Carolina Code 58-4-5
• Inactive license: means the official temporary retirement of a person's authorization to practice upon the person's notice to the board that the person does not wish to practice. See South Carolina Code 40-47-20
• Incompetence: means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. See South Carolina Code 40-47-20
• 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}
• Independent credentials verification organization: means an entity approved by the board to provide primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State. See South Carolina Code 40-47-20
• Index of taxpaying ability: means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second completed taxable year preceding the fiscal year in which the index is used and these assessments must be the audited assessments by school district contained in the annual report submitted yearly to the Comptroller General's office. See South Carolina Code 59-20-20
• 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.
• Individualized education program: means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U. See South Carolina Code 59-34-20
• Initial complaint: means a brief statement that alleges misconduct on the part of a licensee. See South Carolina Code 40-47-20
• Initial licensure: means the first authorization to practice issued to a person by a licensing authority in this State or any other state. See South Carolina Code 40-47-20
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inshore salt waters: means those salt waters of this State between the landward limit of the Atlantic Ocean connected by COLREG demarcation lines, and the freshwater/saltwater dividing line. See South Carolina Code 50-5-15
• Integrated resource plan: means a plan which contains the demand and energy forecast for at least a fifteen-year period, contains the supplier's or producer's program for meeting the requirements shown in its forecast in an economic and reliable manner, including both demand-side and supply-side options, with a brief description and summary cost-benefit analysis, if available, of each option which was considered, including those not selected, sets forth the supplier's or producer's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service, and describes the external environmental and economic consequences of the plan to the extent practicable. See South Carolina Code 58-37-10
• 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}
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Joint resolution: A legislative measure which requires the approval of both chambers.
• junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled, or wrecked automobiles, trucks and other motor vehicles, or parts of them, iron, steel, and other old or scrap ferrous or nonferrous material. See South Carolina Code 57-27-20
• junkyard: shall mean an establishment which is maintained or used for storing, buying, or selling junk, or an automobile graveyard, and the term shall include garbage dumps, sanitary fills and scrap processors. See South Carolina Code 57-27-20
• 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.
• lands: as used in this chapter shall be held to cover and include railroads and all property assessed for benefits. See South Carolina Code 49-19-40
• 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}
• Letter of caution or concern: means a written caution or warning about past or future conduct issued when it is determined that no misconduct has been committed. See South Carolina Code 40-47-20
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means an agency permit, approval, or some similar form of written permission. See South Carolina Code 59-58-20
• License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
• Licensed in good standing: means that one's authorization to practice has not been revoked and there are no restrictions or limitations currently in effect. See South Carolina Code 40-47-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited license: means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Live rock: means living saltwater organisms or an assemblage of them attached to a hard substrate including dead coral or rock. See South Carolina Code 50-5-15
• Local school board: means the governing board of public school districts as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level. See South Carolina Code 59-32-10
• Local school district: means any school district in the State except the South Carolina Public Charter School District and does not include special school districts. See South Carolina Code 59-40-40
• Manufacturer: means any person, resident, or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are to be sold in the State. See South Carolina Code 56-28-10
• Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. See South Carolina Code 50-5-15
• Marina: means a facility which provides mooring or dry storage for watercraft. See South Carolina Code 50-21-10
• Marine resource: means any live, fresh, processed, or frozen whole, part, or portion of any marine organism, anadromous fish, or catadromous fish, to include shell deposits occurring upon or within state-owned bottoms and those lying above the mean high water mark if created by processes of natural accretion upon state-owned lands or bottoms. See South Carolina Code 50-5-15
• Medical staff: means licensed physicians who are approved and credentialed to provide health care to patients in a hospital system or a facility that provides health care. See South Carolina Code 40-47-20
• Metropolitan government: means any county or combination of contiguous counties, municipality, or combination of contiguous municipalities, or combination of contiguous county or counties and municipality or municipalities, or a consolidated government with a combined population of over fifty thousand persons. See South Carolina Code 58-25-20
• Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
• Misconduct: means violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter or violation of any of the principles of ethics as adopted by the board or incompetence or unprofessional conduct. See South Carolina Code 40-47-20
• molluscan: means a member of the phylum Mollusca. See South Carolina Code 50-5-15
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means :
  
  (a) a private passenger motor vehicle, as classified by § 56-3-630, but excluding the living portion of recreational vehicles and off-road vehicles, which is sold and registered in this State; and
  
  (b) a motorcycle as defined in § 56-1-10(8), including a motorcycle three-wheel vehicle as defined in § 56-1-10(18), which is sold and registered in this State. See South Carolina Code 56-28-10
• motorcycle dealer: means any person who sells or attempts to effect the sale of any motorcycle. See South Carolina Code 56-16-10
• Municipality: means any incorporated city or town within the regional transportation area. See South Carolina Code 58-25-20
• 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}
• new motor vehicle: means a motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. See South Carolina Code 56-28-10
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonconformity: means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent. See South Carolina Code 56-28-10
• Nonpublic educational institution: includes , but is not limited to, any educational entity operating or soliciting in South Carolina and is not owned or operated in whole or in part by the State of South Carolina offering resident or correspondence courses beyond the secondary school level to students upon the payment of tuition or fees. See South Carolina Code 59-58-20
• 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.
• Online learning: means learning delivered by web-based or internet-based technologies. See South Carolina Code 59-16-30
• Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
• Operating or soliciting: means having actual presence within the State and includes for the purposes of application of this chapter:
  
  (a) an instructional site within South Carolina whether owned, leased, rented, or provided without charge;
  
  (b) instruction whether theoretical or clinical within or originating from South Carolina utilizing teachers, trainers, counselors, advisors, sponsors, or mentors;
  
  (c) an agent, recruiter, in-state liaison personnel, institution, or business that solicits for enrollment or credits or for the award of an educational credential; and
  
  (d) advertising, promotional material, or public solicitation in any form that targets South Carolina residents through distribution or advertising in the State. See South Carolina Code 59-58-20
• Operator: means any person engaged in, or intending to engage in, the business of providing public transportation, but does not include a person engaged primarily in the transportation of children to or from school or a person or agency furnishing transportation solely for his or its employees or customers. See South Carolina Code 58-25-20
• Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Osteopathic medicine: means a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems. See South Carolina Code 40-47-20
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
• owner: as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process but shall be represented by the present owner of the freehold estate in any proceedings under this chapter. See South Carolina Code 49-19-30
• Parent: shall mean the natural or adoptive parent or the guardian having legal custody of a child eligible and entitled to receive a scholarship grant under this chapter who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualifies such child to receive a grant under the terms of this chapter. See South Carolina Code 59-41-10
• Participating customer: means an eligible customer that elects to have a portion or all of its electricity needs supplied by a voluntary renewable energy program. See South Carolina Code 58-41-10
• Participating customer agreement: means an agreement between a participating customer, its electrical utility, and the renewable energy supplier establishing each party's rights and obligations under the electrical utility's voluntary renewable energy program. See South Carolina Code 58-41-10
• 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.
• Passenger bus: means a vehicle designed to carry sixteen or more passengers. See South Carolina Code 56-35-10
• Peeler crab: means a hard crab of the blue crab species (Callinectes sapidus) which has a fully formed soft shell beneath the exterior hard shell and exhibits molt signs in the form of red, pink, or white lines just inside the exterior margin of the rear paddle (swimming) legs. See South Carolina Code 50-5-15
• Person: means a natural person, corporation, partnership, trust, or other entity, and, in case of an entity, it includes any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. See South Carolina Code 56-16-10
• Person: means an individual, corporation, partnership, association, or any other business entity. See South Carolina Code 56-27-10
• Person: includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity. See South Carolina Code 56-29-20
• Person: means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity whatsoever. See South Carolina Code 58-25-20
• Person: means any individual, firm, partnership, association, organization, corporation, trust, or other legal entity or combination of the above. See South Carolina Code 59-58-20
• Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
• Person: means a natural person, male or female. See South Carolina Code 40-47-20
• Personal property: All property that is not real property.
• Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 40-47-20
• 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.
• 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}
• Power purchase agreement: means an agreement between an electrical utility and a small power producer for the purchase and sale of energy, capacity, and ancillary services from the small power producer's qualifying small power production facility. See South Carolina Code 58-41-10
• Practice agreement: means a written agreement developed by an NP, CNM, or CNS and a physician or medical staff who agrees to work with and to support the NP, CNM, or CNS. See South Carolina Code 40-47-20
• Practice of Medicine: means :
  
  (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;
  
  (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;
  
  (c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition;
  
  (d) offering or undertaking to perform any surgical operation upon a person;
  
  (e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;
  
  (f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient is the practice of medicine subject to all of the powers provided to the Board of Medical Examiners, except as provided in § 38-59-25;
  
  (g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr. See South Carolina Code 40-47-20
• Practitioner: means a person who has been issued an authorization to practice in this State. See South Carolina Code 40-47-20
• 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.
• Pregnancy prevention education: means instruction intended to:
  
  (a) stress the importance of abstaining from sexual activity until marriage;
  
  (b) help students develop skills to enable them to resist peer pressure and abstain from sexual activity;
  
  (c) explain methods of contraception and the risks and benefits of each method. See South Carolina Code 59-32-10
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Presiding officer: means the chairman of the hearing panel or a designee. See South Carolina Code 40-47-20
• Private reprimand: means a statement by the board that misconduct was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document. See South Carolina Code 40-47-20
• Private school: shall mean a private or independent elementary or high school which is not operated or controlled by any church, synagogue, sect or other religious organization or institution. See South Carolina Code 59-41-10
• 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.
• Probation: means the issuance of an authorization to practice conditioned upon compliance with terms and conditions imposed by a licensing board in this State or another state. See South Carolina Code 40-47-20
• Proctored: means directly monitored by an adult authorized by the South Carolina Virtual School Program. See South Carolina Code 59-16-30
• Program: means the South Carolina Tuition Prepayment Program. See South Carolina Code 59-4-20
• Program: means an organized unit of subject matter in which instruction is offered within a given time and for which credit is given toward completion of training toward a predetermined occupational or academic credential. See South Carolina Code 59-58-20
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public fishing pier: means piers open to the public which charge a fee to fish. See South Carolina Code 50-5-15
• 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 reprimand: means a publicly available statement of the board that misconduct was committed by a person authorized to practice. See South Carolina Code 40-47-20
• Public transportation: means every conveyance of human passengers by bus, van, or any other surface vehicle as required for intrastate service which is provided to the general public or selected groups on a regular and continuing basis including charter service. See South Carolina Code 58-25-20
• Public transportation system: means , without limitation, a combination of real and personal property, structures, improvements, buildings, equipment, plants, rolling stock, vehicle parking, or other facilities and rights-of-way, or any combination, used or useful for the purposes of public transportation. See South Carolina Code 58-25-20
• Public utility: means public utility as defined in § 58-5-10, telephone utility as defined in § 58-9-10, government-owned telecommunications service provider as defined in § 58-9-2610, radio common carrier as defined in § 58-11-10, carriers governed in Chapter 13 of Title 58, railroads and railways as defined in § 58-17-10, motor vehicle carrier as defined in § 58-23-10, or electrical utility as defined in § 58-27-10. See South Carolina Code 58-4-5
• PURPA: means the Public Utility Regulatory Policies Act of 1978, as amended. See South Carolina Code 58-41-10
• Quorum: The number of legislators that must be present to do business.
• Reactivation: means the restoration to active status of an authorization from inactive status. See South Carolina Code 40-47-20
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Recreational fishermen: means persons taking or attempting to take saltwater fish for recreation only, and not for commercial purposes. See South Carolina Code 50-5-15
• Regional transportation area: means that area pursuant to the groupings of counties as set forth in Article 3 of Chapter 7 of Title 6. See South Carolina Code 58-25-20
• Regulatory staff: means the executive director or the executive director and employees of the Office of Regulatory Staff. See South Carolina Code 58-4-5
• Reinstatement: means an action of the board in a disciplinary matter that authorizes the resumption of practice upon any terms or conditions ordered or agreed to by the board. See South Carolina Code 40-47-20
• Relinquish: means to permanently cancel or invalidate an authorization instead of disciplinary proceedings or final decision by the board. See South Carolina Code 40-47-20
• 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.
• Renewable energy contract: means a power purchase agreement between an electrical utility and a renewable energy supplier that commits the parties to participating in an electrical utility's voluntary renewable energy program for the purchase and sale of energy and capacity. See South Carolina Code 58-41-10
• Renewable energy facility: means a facility that generates electric power by the use of a renewable generation resource that was placed in service for use by or to provide power to an electrical utility after January 1, 2014. See South Carolina Code 58-39-120
• Renewable energy facility: means a facility for the production of electrical energy that utilizes a renewable generation resource as defined in § 58-39-120(F), that is placed in service after the effective date of this chapter, and for which costs are not included in an electrical utility's rates. See South Carolina Code 58-41-10
• Renewable energy supplier: means the owner or operator of a renewable energy facility, including the affiliate of an electrical utility that contracts with a participating customer. See South Carolina Code 58-41-10
• Renewable generation resource: means solar photovoltaic and solar thermal resources, wind resources, low-impact hydroelectric resources, geothermal resources, tidal and wave energy resources, recycling resources, hydrogen fuel derived from renewable resources, combined heat and power derived from renewable resources, and biomass resources. See South Carolina Code 58-39-120
• Rental agreement: means a written agreement setting forth the terms and conditions governing the use of a private passenger automobile or rental vehicle provided by a rental company. See South Carolina Code 56-31-20
• Rental company: means a person in the business of providing private passenger automobiles or rental vehicles to the public under the terms of a rental agreement. See South Carolina Code 56-31-20
• Rental vehicle: means a truck under 26,001 pounds gross vehicle weight and used in the transportation of personal property that is rented without a driver, and is not used by the customer for business purposes, or a trailer with a gross weight of not more than 6,000 pounds. See South Carolina Code 56-31-20
• Renter: means a person obtaining the use of a private passenger automobile or rental vehicle from a rental company under the terms of a rental agreement. See South Carolina Code 56-31-20
• 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).
• Reproductive health education: means instruction in human physiology, conception, prenatal care and development, childbirth, and postnatal care, but does not include instruction concerning sexual practices outside marriage or practices unrelated to reproduction except within the context of the risk of disease. See South Carolina Code 59-32-10
• Resident public school: means the school, other than a charter school, within whose attendance boundaries the charter school student's custodial parent or legal guardian resides. See South Carolina Code 59-40-40
• Respondent: means a person charged with responding in a disciplinary or other administrative action. See South Carolina Code 40-47-20
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Review committee: means the State Regulation of Public Utilities Review Committee. See South Carolina Code 58-4-5
• Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
• Revoke: means to rescind, cancel, or withdraw. See South Carolina Code 59-58-20
• Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motorcycle or interest therein or of any franchise related thereto and any option, subscription, or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. See South Carolina Code 56-16-10
• Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
• School child: shall mean any person between the ages of six and twenty whose domicile is with his or her parent within the State and who is otherwise qualified to attend the public schools of any school district in which he or she resides. See South Carolina Code 59-41-10
• Seed fork: means a fork manufactured having seven or more straight or slightly curved tines or having a tine greater than eight inches in length. See South Carolina Code 50-5-15
• Service area: means the area served by the regional transportation authority and may be all or part of the area of jurisdiction of an authority and in no event shall the service area contain less than fifty thousand population. See South Carolina Code 58-25-20
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Shad: means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris). See South Carolina Code 50-5-15
• Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
• Shellfish mariculture: means the controlled cultivation of shellfish in confinement from seed size until harvest. See South Carolina Code 50-5-15
• Shellfish seed: means any shellfish that does not exceed one inch in height or maximum dimension. See South Carolina Code 50-5-15
• Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
• Shrimp trawl: means a trawl with netting having a stretch mesh size of less than two and one-half inches. See South Carolina Code 50-5-15
• Significant disciplinary action: means a public decision in a disciplinary matter that involves substantial issues of professional or ethical competence or qualification to practice. See South Carolina Code 40-47-20
• Small power producer: means a person or corporation owning or operating a "qualifying small power production facility" as defined in 16 U. See South Carolina Code 58-41-10
• solicitor: means a person who, for remuneration, enrolls or seeks to enroll, away from the nonpublic educational institution's premises, a resident of South Carolina in courses or programs of instruction or study offered by the nonpublic educational institution. See South Carolina Code 59-58-20
• Southern Cobia Management Zone: means all waters of this State south of 032? 31. See South Carolina Code 50-5-15
• Sponge crab: means a female blue crab bearing visible eggs. See South Carolina Code 50-5-15
• Sponsor: means the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, as provided by law, a public institution of higher learning as defined in § 59-103-5, or an independent institution of higher learning as defined in § 59-113-50, from which the charter school applicant requested its charter and which granted approval for the charter school's existence. See South Carolina Code 59-40-40
• Standard offer: means the avoided cost rates, power purchase agreement, and terms and conditions approved by the commission and applicable to purchases of energy and capacity by electrical utilities as provided in this chapter from small power producers up to two megawatts AC in size. See South Carolina Code 58-41-10
• State advisory council: means the state advisory council on the Education of Children with Disabilities established in compliance with Public Law 94-142, as amended. See South Carolina Code 59-36-10
• State identification bureau: means an authorized governmental agency responsible for receiving and screening the results of criminal history records checks in this State or another state. See South Carolina Code 40-47-20
• Statute: A law passed by a legislature.
• Striker: means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman, but does not use separate commercial equipment on a vessel which is engaged in commercial fishing. See South Carolina Code 50-5-15
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supervision: means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. See South Carolina Code 40-47-20
• Suspend: means to stop. See South Carolina Code 59-58-20
• Suspension: means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. See South Carolina Code 40-47-20
• Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
• Telemedicine: means the practice of medicine using electronic communications, information technology, or other means between a licensee in one location and a patient in another location with or without an intervening practitioner. See South Carolina Code 40-47-20
• Temporary license: means a current, time-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
• 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.
• Territorial sea: means that portion of the Atlantic Ocean under the jurisdiction of the State of South Carolina. See South Carolina Code 50-5-15
• 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 length: means the length of a fish laid flat and measured from the closed mouth (snout) to the tip of the tail fin when pinched together. See South Carolina Code 50-5-15
• 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.
• Trap: is a n enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot". See South Carolina Code 50-5-15
• Trawl: means a net, other than a haul seine, towed behind a boat. See South Carolina Code 50-5-15
• Trawler: means a vessel rigged for towing a trawl. See South Carolina Code 50-5-15
• Trawling: means fishing with a trawl or having part of a trawl door in the water. See South Carolina Code 50-5-15
• Treasurer: means the South Carolina State Treasurer. See South Carolina Code 59-4-20
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trotline: means a single line or wire having numerous hooks or baits and is also called long line. See South Carolina Code 50-5-15
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• UAP: means persons not currently licensed by the Board of Nursing as nurses, or persons who are not certified medical assistants as defined in § 40-47-20(57), who perform routine nursing tasks that do not require a specialized knowledge base or the judgment or skill of a licensed nurse. See South Carolina Code 40-47-20
• Unidentifiable: means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques. See South Carolina Code 56-29-20
• Unprofessional conduct: means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty. See South Carolina Code 40-47-20
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urbanized area: means an area so designated by the most recent United States Census of Population. See South Carolina Code 58-25-20
• Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
• Vehicle: includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway including, but not limited to, farm machinery and construction equipment. See South Carolina Code 56-29-20
• vehicle: means a private passenger motor vehicle including passenger vans and minivans that are intended primarily for the transport of persons. See South Carolina Code 56-31-20
• Vehicle: means a commercial diesel vehicle. See South Carolina Code 56-35-10
• Vehicle identification number: means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Department of Motor Vehicles for the purpose of uniquely identifying a motor vehicle or motor vehicle part. See South Carolina Code 56-29-20
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
• Voluntary renewable energy program: means a tariff filed with the commission by an electrical utility that enables a participating commercial or industrial customer to receive and pay for electric service, that reflects the program cost, and that includes the environmental attributes specified in the participating customer agreement and renewable energy contract, including a generation credit for such renewable energy, from the electrical utility pursuant to the terms of the tariff. See South Carolina Code 58-41-10
• Voluntary surrender: means forgoing the authorization to practice by the subject of an initial or formal complaint pending further order of the board. See South Carolina Code 40-47-20
• Volunteer license: means authorization of a retired practitioner to provide medical services to others through an identified charitable organization without remuneration. See South Carolina Code 40-47-20
• warranty: means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty. See South Carolina Code 56-28-10
• Watercraft: means anything used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
• Weightings: means those cost figures assigned to student classifications in § 59-20-40(1)(c) which are based on different relative cost of their educational programs in relation to that of the base student which is given the weighting of 1. See South Carolina Code 59-20-20
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.