Terms Used In South Carolina Code > Title 48 > Chapter 52 - Energy Efficiency

• Active duty military: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U. See South Carolina Code 40-45-520
• 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 action: means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. See South Carolina Code 40-45-520
• 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.
• Agent: means the State Treasurer. See South Carolina Code 59-153-10
• Alternative program: means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. See South Carolina Code 40-45-520
• 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.
• Appraisal: A determination of property value.
• 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.
• Assets: means all funds, investments, and similar property owned by the respective state institutions of higher learning and in the custody of the Agent. See South Carolina Code 59-153-10
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Board: means the State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
• Board: means the State Fiscal Accountability Authority's governing board. See South Carolina Code 48-52-810
• Board: means the Board of Trustees of the respective institution of higher learning acting as trustee of the endowment system. See South Carolina Code 59-153-10
• Building project: means the design, construction, renovation, operation, and maintenance of any inhabited physical structure and its associated project building site. See South Carolina Code 48-52-810
• 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.
• Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-45-520
• Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. See South Carolina Code 40-45-520
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing competence: means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. See South Carolina Code 40-45-520
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data system: means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action. See South Carolina Code 40-45-520
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Encumbered license: means a license that a physical therapy licensing board has limited in any way. See South Carolina Code 40-45-520
• Endowment funds: means those funds donated to the respective individual state-supported institutions of higher learning of the State of South Carolina, which are held and invested by the State Treasurer on behalf of the institutions. See South Carolina Code 59-153-10
• 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.
• Executive board: means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. See South Carolina Code 40-45-520
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• 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.
• GBI: means the Green Building Initiative. See South Carolina Code 48-52-810
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Globes: means the level of a building's sustainability and energy efficiency performance as determined by GBI's Green Globes Rating System. See South Carolina Code 48-52-810
• Green Globes Rating System: means the environmental building rating system established by the Green Building Initiative. See South Carolina Code 48-52-810
• 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.
• High-performance building: means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment. See South Carolina Code 48-52-810
• Home state: means the member state that is the licensee's primary state of residence. See South Carolina Code 40-45-520
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigative information: means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation. See South Carolina Code 40-45-520
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• 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}
• LEED: means the U. See South Carolina Code 48-52-810
• LEED Silver standard: means the Silver standard as set forth by USGBC's LEED Green Building Rating System. See South Carolina Code 48-52-810
• Legacy: A gift of property made by will.
• Licensee: means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant. See South Carolina Code 40-45-520
• licensing board: means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. See South Carolina Code 40-45-520
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Major facility project: means :
  
  (i) a state-funded new construction building project in which the building to be constructed is larger than ten thousand gross square feet;
  
  (ii) a state-funded renovation project in which the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or
  
  (iii) a state-funded commercial interior tenant fit-out project that is larger than seven thousand five hundred square feet of leasable area. See South Carolina Code 48-52-810
• Member state: means a state that has enacted the compact. See South Carolina Code 40-45-520
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Oath: A promise to tell the truth.
• Panel: means the State Retirement Systems Investment Panel established pursuant to § 9-16-310. See South Carolina Code 59-153-10
• 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.
• Party state: means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. See South Carolina Code 40-45-520
• Person: means an individual. See South Carolina Code 40-45-20
• Person: includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. See South Carolina Code 61-2-100
• Personal property: All property that is not real property.
• Physical therapist: means an individual who is licensed by a state to practice physical therapy. See South Carolina Code 40-45-520
• Physical therapist assistant: means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy. See South Carolina Code 40-45-520
• 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
• 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.
• 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.
• Probate: Proving a will
• Producer: as used in this article means a brewery or winery or a manufacturer, bottler, or importer of beer or wine into the United States. See South Carolina Code 61-4-300
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remote state: means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. See South Carolina Code 40-45-520
• Renovation project: means a building project involving the modification or adaptive reuse of an existing facility. See South Carolina Code 48-52-810
• Rule: means a regulation, principle, or directive promulgated by the commission that has the force of law. See South Carolina Code 40-45-520
• 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.
• State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy. See South Carolina Code 40-45-520
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party commissioning agent: means a person accredited by the USGBC or GBI, with expertise in building system performance, who will analyze, evaluate, and confirm the proper function and performance of a high performance building, its systems, equipment, and indoor air quality, and who did not participate in the original certification of the major facility project or renovation project. See South Carolina Code 48-52-810
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: means the board of trustees of the respective institutions of higher learning. See South Carolina Code 59-153-10
• Trustee: A person or institution holding and administering property in trust.
• USGBC: means the United States Green Building Council. See South Carolina Code 48-52-810
• Venue: The geographical location in which a case is tried.