Terms Used In South Carolina Code > Title 4 > Chapter 11 - County Officers

• ACOTE: means the Accreditation Council for Occupational Therapy Education. See South Carolina Code 40-36-20
• Administer: means the direct application of an epinephrine auto-injector to the body of an individual. See South Carolina Code 44-99-10
• Adolescent: means an individual nineteen years of age and under. See South Carolina Code 44-122-10
• 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.
• 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.
• Amusement device: means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. See South Carolina Code 41-18-40
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• AOTA: means the American Occupational Therapy Association. See South Carolina Code 40-36-20
• 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.
• 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.
• Authorized entity: means any entity or organization, other than a school described in § 59-63-95, in connection with or at which allergens capable of causing anaphylaxis may be present including, but not limited to, recreation camps, colleges and universities, daycare facilities, places of worship, youth sports leagues, amusement parks, restaurants, places of employment, and sports arenas. See South Carolina Code 44-99-10
• 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.
• 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.
• Bed and breakfast: means a residential-type lodging facility having no more than ten guestrooms where transient guests are fed and lodged for pay. See South Carolina Code 45-4-20
• 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}
• Benefit ratio: means :
  
  (a) for the period of January 1, 2011, through December 31, 2013, the number calculated by dividing the sum of all benefits charged to an employer during the forty calendar quarters immediately preceding the calculation date by the sum of the employer's taxable payroll for the same period. See South Carolina Code 41-31-5
• Board: means any of the boards created pursuant to Title 40, as amended, to license, certify, or register health care professionals. See South Carolina Code 44-113-20
• Board: means the South Carolina Board of Occupational Therapy. See South Carolina Code 40-36-20
• Carnival: means an itinerant enterprise consisting principally of temporary amusement devices or mechanical rides operated to provide entertainment or amusement to the public. See South Carolina Code 41-18-40
• Catapulting amusement ride: means an amusement ride whereby a person, or persons, riding in a safety car, or other suitable safety device, is attached to wire ropes or cables that may be attached to springs or other devices similar in design or use which are engineered to simulate bungee catapulting or reverse bungee jumping as defined in § 52-19-50(5) whereby a person or passenger is released from a fixed position, thus catapulting or otherwise launching the jumper or passenger into the air or toward the ground. See South Carolina Code 41-18-40
• Catastrophic accident: means an incident resulting in fatality or three or more injuries resulting in hospitalization. See South Carolina Code 41-18-40
• 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.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means the department, division, or other unit of a person responsible for the performance under a contract with a state agency. See South Carolina Code 44-107-20
• Contractor: means a public or private agency or organization receiving money from the fund. See South Carolina Code 44-122-10
• Controlled substance: means a controlled substance in Article 3, Chapter 53 of this title. See South Carolina Code 44-107-20
• Conviction: means a finding of guilt, including a plea of nolo contendere or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. See South Carolina Code 44-107-20
• 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 government: means the governing body of a county or the organization or agency in a county that has been designated pursuant to § 44-122-30(C) to assume the duties and responsibilities assigned to county governments. See South Carolina Code 44-122-10
• 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.
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-99-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-113-20
• Department: means the South Carolina Department of Social Services. See South Carolina Code 44-122-10
• 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 Labor, Licensing and Regulation. See South Carolina Code 41-18-40
• Department: means the Department of Employment and Workforce;
  
  (2) "Director" means the Director of the Office of Statewide Workforce Development;
  
  (3) "Executive director" means the Executive Director of the Department of Employment and Workforce;
  
  (4) "Executive committee" means the executive committee of the Coordinating Council for Workforce Development;
  
  (5) "Unified State Plan" or "USP" means the comprehensive statewide education and workforce development plan that provides a systemwide approach to streamline and unify efforts of entities involved in education and workforce development in the State;
  
  (6) "Office of Statewide Workforce Development" or "OSWD" means the Office of Statewide Workforce Development created in this chapter; and
  
  (7) "Coordinating Council for Workforce Development" or "CCWD" means the Coordinating Council for Workforce Development administered by the department. See South Carolina Code 41-30-120
• Department: means the Department of Employment and Workforce. See South Carolina Code 41-31-5
• Dependent: A person dependent for support upon another.
• Designated health services: means any health care procedure, service, or item provided by a health care provider. See South Carolina Code 44-113-20
• Devise: To gift property by will.
• Director: means the Director of the South Carolina Department of Labor, Licensing and Regulation or the director's designee or representative. See South Carolina Code 41-18-40
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Drug-free workplace: means a site for the performance of work done in connection with a specific grant or contract of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter. See South Carolina Code 44-107-20
• Eligible patient: means an individual who:
  
  (a) has a terminal illness, attested to by a treating physician;
  
  (b) has, in consultation with a treating physician, considered and exhausted all other treatment options currently approved by the United States Food and Drug Administration;
  
  (c) has received a recommendation from the treating physician for use of an investigational drug, biological product, or device for treatment of the terminal illness;
  
  (d) has given informed consent in writing to use the investigational drug, biological product, or device for treatment of the terminal illness or, if the individual is a minor or is otherwise incapable of providing informed consent, the parent or legal guardian has given informed consent in writing to use the investigational drug, biological product, or device; and
  
  (e) has documentation from the treating physician that the individual meets all of the criteria for this definition, including an attestation from the treating physician that the treating physician was consulted in the creation of the written, informed consent required under this chapter. See South Carolina Code 44-137-10
• Employee: means the employee of a grantee or contractor engaged in the performance of work pursuant to the provisions of the grant or contract. See South Carolina Code 44-107-20
• Entity: means an individual, partnership, firm, corporation, or other business entity. See South Carolina Code 44-113-20
• Epinephrine auto-injector: means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. See South Carolina Code 44-99-10
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• Fair: means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices or temporary structures are provided for use by the public. See South Carolina Code 41-18-40
• Fiduciary: A trustee, executor, or administrator.
• 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 the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter. See South Carolina Code 44-122-10
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantee: means the department, division, or other unit of a person responsible for the performance under a grant. See South Carolina Code 44-107-20
• Group practice: means a group of two or more health care professionals legally organized as a partnership, professional corporation, not-for-profit corporation, faculty practice plan, or similar association in which:
  
  (a) each health care professional who is a member, employee, or independent contractor of the group provides substantially the full range of services which the professional routinely provides including consultation, diagnosis, and treatment through the use of office space, facilities, equipment, and personnel of the group;
  
  (b) substantially all of the services of the health care professionals who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
  
  (c) the overhead expenses of and the income from the practice are distributed by methods previously determined by the group. See South Carolina Code 44-113-20
• 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.
• Guestroom: means a sleeping room, or a combination of rooms for sleeping and sitting, which includes, among other amenities:
  
  (1) a bed or beds;
  
  (2) a private or shared bathroom;
  
  (3) clothes hanging and storage amenities; and
  
  (4) a selection of furniture and lighting. See South Carolina Code 45-4-20
• Health care facility: means a health care facility as defined in § 44-7-130(10). See South Carolina Code 44-113-20
• Health care practitioner: means a physician, an advanced practice registered nurse authorized to prescribe medication pursuant to § 40-33-34, or a physician assistant authorized to prescribe medication pursuant to §§ 40-47-955 through 40-47-965. See South Carolina Code 44-99-10
• health care professional: means a person licensed, certified, or registered under the laws of this State to provide health care services. See South Carolina Code 44-113-20
• Immediate family member: means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling. See South Carolina Code 44-113-20
• 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.
• Informed consent: means a written document that is signed by an eligible patient; or if the patient is a minor, by a parent or legal guardian; or if the patient is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes:
  
  (a) an explanation of the currently approved products and treatments for the eligible patient's terminal illness;
  
  (b) an attestation that the eligible patient concurs with the treating physician in believing that all currently approved treatments are unlikely to prolong the eligible patient's life;
  
  (c) clear identification of the specific investigational drug, biological product, or device proposed for treatment of the eligible patient's terminal illness;
  
  (d) a description of the potentially best and worst outcomes resulting from use of the investigational drug, biological product, or device to treat the eligible patient's terminal illness, along with a realistic description of the most likely outcome. See South Carolina Code 44-137-10
• Initiative: means a local program or project funded by a county or consortium of counties pursuant to this chapter. See South Carolina Code 44-122-10
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innkeeper: means the proprietor of a bed and breakfast. See South Carolina Code 45-4-20
• 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}
• Investment interest: means an equity or debt security issued by an entity including, except as provided below, but not limited to, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, other equity interests, or debt instruments. See South Carolina Code 44-113-20
• Investor: means a person or entity owning a legal or beneficial ownership or investment interest, directly or indirectly including, but not limited to, through an immediate family member, trust, or corporation, the stock of which is owned in whole or in part by the investor or another entity related to the investor. See South Carolina Code 44-113-20
• 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.
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local interagency council: means an organized group of representatives of public and private agencies in the county with functions related to youth development. See South Carolina Code 44-122-10
• Long term outcome: means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area. See South Carolina Code 44-122-10
• NBCOT: means the National Board for Certification in Occupational Therapy. See South Carolina Code 40-36-20
• 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.
• 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.
• Occupational therapist: means a person licensed to practice occupational therapy. See South Carolina Code 40-36-20
• Occupational therapy: means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. See South Carolina Code 40-36-20
• Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See South Carolina Code 40-36-20
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee. See South Carolina Code 41-18-40
• Parent or guardian: means a parent, custodian, or guardian responsible for the control, safety, training, or education of a minor or a person who is disabled or incompetent. See South Carolina Code 41-18-310
• 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.
• Permanent device: means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises. See South Carolina Code 41-18-40
• Personal property: All property that is not real property.
• Physician: means a person authorized to practice medicine pursuant to Article 1, Chapter 47 of Title 40. See South Carolina Code 44-99-10
• 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.
• 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}
• Primary pregnancy prevention: means prevention of first pregnancy. See South Carolina Code 44-122-10
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provide: means the supply of one or more epinephrine auto-injectors to an individual. See South Carolina Code 44-99-10
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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.
• Referral: means a referral of a patient by a health care provider for health care services including, but not limited to:
  
  (a) the forwarding of a patient by a health care provider to another health care provider or to an entity outside the health care professional's office or group practice which provides or supplies designated health services or any other health care item or service; or
  
  (b) the request or establishment of a plan of care by a health care provider, which includes the provision of a designated health service or any other health care item or service outside the health care professional's office or group practice. See South Carolina Code 44-113-20
• 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.
• Residential kitchen: means a private-home-type kitchen in a bed and breakfast used for food service to registered guests as well as the innkeeper. See South Carolina Code 45-4-20
• Residential-type lodging facility: means a facility that:
  
  (1) serves as both the innkeeper's residence and a place of lodging for transient guests; and
  
  (2) is primarily residential in style with regard to the amenities provided to guests. See South Carolina Code 45-4-20
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• rider: means a person who is:
  
  (a) waiting in the immediate vicinity to get on a carnival or amusement device;
  
  (b) getting on a carnival or amusement device;
  
  (c) using a carnival or amusement device;
  
  (d) getting off a carnival or amusement device; or
  
  (e) leaving a carnival or amusement device and who is still in the immediate vicinity of the carnival or amusement device. See South Carolina Code 41-18-310
• Rural area: means a county with a population of one hundred thousand persons or less according to the latest United States census. See South Carolina Code 44-113-20
• Safety coordinator: means a person suited by training or experience and designated by the owner or operator of an amusement park, fair, or carnival as being in charge of the safety of all amusement devices located at the park, fair, or carnival. See South Carolina Code 41-18-40
• Serious injury: means an injury that results in death or requires immediate in-patient hospitalization. See South Carolina Code 41-18-40
• 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.
• Short term outcomes: means the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity. See South Carolina Code 44-122-10
• Special inspector: means an inspector licensed by the director and not employed by the department. See South Carolina Code 41-18-40
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Temporary device: means a device which is used as an amusement device that is regularly relocated with or without disassembly. See South Carolina Code 41-18-40
• Terminal illness: means a progressive disease or medical or surgical condition that:
  
  (a) entails significant functional impairment;
  
  (b) is not considered by a treating physician to be reversible even with administration of available treatments approved by the United States Food and Drug Administration; and
  
  (c) will result in death without life-sustaining procedures. See South Carolina Code 44-137-10
• Testify: Answer questions in court.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• True bill: Another word for indictment.
• Trustee: A person or institution holding and administering property in trust.