South Carolina Code > Title 5 > Chapter 7 – General Structure, Organization, Powers, Duties, Functions and Responsibilities of All Municipalities
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Terms Used In South Carolina Code > Title 5 > Chapter 7 - General Structure, Organization, Powers, Duties, Functions and Responsibilities of All Municipalities
- 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 - Administrator: means the Executive Director for the South Carolina Residential Builders Commission provided for under § 40-59-50. See South Carolina Code 40-59-500
- Adverse action: means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. See South Carolina Code 40-55-320
- 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.
- Animal Shelter: means :
(a) a facility operated by or under contract for the State or a county, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals;
(b) a veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for the purpose set forth in subitem (a) in addition to its customary purposes;
(c) a facility operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See South Carolina Code 47-3-470 - Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Appurtenant works: include , but are not limited to, structures such as spillways, either in the dam or separate from it, low-level outlet works, and water conduits. See South Carolina Code 49-11-120
- Area of sales responsibility: means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement, within which area the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line make to the retail public. See South Carolina Code 56-14-10
- 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 the South Carolina Disaster Recovery Office within the South Carolina Office of Resilience. See South Carolina Code 48-62-310
- Authority to practice interjurisdictional telepsychology: means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this compact, in another compact state. See South Carolina Code 40-55-320
- 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
- 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.
- 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.
- Board: means the State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
- Board: means the State Fiscal Accountability Authority's governing board. See South Carolina Code 48-52-810
- bodily injury: means (1) broken bones, (2) lacerations, (3) punctures of the skin, or (4) any physical injury resulting in death. See South Carolina Code 47-3-710
- business: means any lawful activity conducted primarily (1) for the purchase and resale, manufacture, processing, or marketing of products, commodities or any other personal property; (2) for the sale of services to the public; or (3) by a nonprofit organization. See South Carolina Code 55-15-10
- Bylaws: means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to § 40-55-400 for its governance, or for directing and controlling its actions and conduct. See South Carolina Code 40-55-320
- 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.
- 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 - 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.
- 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
- Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-20
- commission: means the national administration of which all compact states are members. See South Carolina Code 40-55-320
- Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-500
- Commissioner: means the voting representative appointed by each state psychology regulatory authority pursuant to § 40-55-400. See South Carolina Code 40-55-320
- 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.
- Compact state: means a state, the District of Columbia, or United States territory that has enacted this compact legislation and which has not withdrawn pursuant to § 40-55-430(C) or been terminated pursuant to § 40-55-420(B). See South Carolina Code 40-55-320
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conservation easement: means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991. See South Carolina Code 48-62-310
- 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.
- coordinated database: means an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. See South Carolina Code 40-55-320
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Dam: means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. See South Carolina Code 49-11-120
- 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.
- Danger to life or property: means a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property. See South Carolina Code 49-11-120
- dangerous animal: means an animal of the canine or feline family:
(1) which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;
(2) which:
(a) makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by § 47-3-720; or
(b) commits unprovoked acts in a place other than the place where the animal is confined as required by § 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;
(3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting. See South Carolina Code 47-3-710 - Day: means any part of a day in which psychological work is performed. See South Carolina Code 40-55-320
- Dealer: means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter to sell new recreational vehicles to the retail public. See South Carolina Code 56-14-10
- Dealership facilities: means the real estate, buildings, fixtures, and improvements devoted to the conduct of business under the franchise by the new motorcycle dealer. See South Carolina Code 56-16-10
- 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 Motor Vehicles. See South Carolina Code 56-14-10
- 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 Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-20
- Department: means the South Carolina Department of Health and Environmental Control or its staff or agents. See South Carolina Code 49-11-120
- Dependent: A person dependent for support upon another.
- Detailed inspection: means all studies, investigations, and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. See South Carolina Code 49-11-120
- Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-20
- Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-500
- displaced person: means any person who moves from real property as a result of the acquisition or reasonable expectation of acquisition of such real property, which may have been or is subsequently acquired, in whole or in part, for an airport, or as the result of the acquisition for an airport of other real property on which such person conducts a business or farm operation. See South Carolina Code 55-15-10
- Distant state: means the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. See South Carolina Code 40-55-320
- Distributor: means any person who sells or distributes new motorcycles to motorcycle dealers or who maintains distributor representatives within the State. See South Carolina Code 56-16-10
- Distributor branch: means a branch office maintained by a distributor who sells or distributes new or used motorcycles to motorcycle dealers. See South Carolina Code 56-16-10
- Distributor representative: means a representative employed by a distributor branch or distributor. See South Carolina Code 56-16-10
- Districts: means the soil and water conservation districts of this State. See South Carolina Code 49-11-120
- Docket: A log containing brief entries of court proceedings.
- Eligible fund recipient: means :
(a) the State of South Carolina and any agency, commission, or instrumentality of the State;
(b) local governments of the State and any agency, commission, or instrumentality of the local government; and
(c) land trusts operating within the State accredited by the Land Trust Accreditation Commission, an independent program of the Land Trust Alliance that provides independent verification that land trusts meet the high standards of land conservation, stewardship, and nonprofit management in the nationally recognized Land Trust Standards and Practices. See South Carolina Code 48-62-310 - 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
- Engages in an equine activity: means riding, training, providing, or assisting in providing medical treatment of, driving, or being a passenger upon an equine, mounted or unmounted, or a person assisting a participant or show management. See South Carolina Code 47-9-710
- Enlargement: means a change in or an addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam or reservoir. See South Carolina Code 49-11-120
- 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.
- Equine: means a horse, pony, mule, donkey, or hinny. See South Carolina Code 47-9-710
- Equine activity: means :
(a) an equine show, fair, competition, performance, parade, or trail riding that involves a breed of equine and an equine discipline, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and Western performance riding, trail riding and Western games, and hunting. See South Carolina Code 47-9-710 - Equine activity sponsor: means an individual, a group, a club, a partnership, or a corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, a pony club, 4-H club, hunt club, riding club, school and college-sponsored class, program, and activity, therapeutic riding program, and an operator, instructor, and promoter of an equine facility, including, but not limited to, a stable, clubhouse, ponyride string, fair, and an arena at which the activity is held or a landowner who has given permission for the use of his land in an equine activity either by easement or other means. See South Carolina Code 47-9-710
- Equine professional: means a person engaged for compensation in:
(a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;
(b) renting equipment or tack to a participant; or
(c) examining or administering medical treatment to an equine as a veterinarian. See South Carolina Code 47-9-710 - Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Factory branch: means a branch office maintained by a manufacturer which manufactures or assembles motorcycles for sale to distributors or motorcycle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See South Carolina Code 56-16-10
- Factory representative: means a representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of motorcycles or for supervising, servicing, instructing, or contracting with motorcycle dealers or prospective motorcycle dealers. See South Carolina Code 56-16-10
- 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: means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. See South Carolina Code 55-15-10
- Family member: means a spouse, child, grandchild, parent, sibling, niece, nephew, or the spouse thereof. See South Carolina Code 56-14-10
- farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See South Carolina Code 55-15-10
- Fifth-wheel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and is of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle equipped with a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. See South Carolina Code 56-14-10
- Firm: means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture or other legally constituted organization which practices or offers to practice residential building or residential specialty contracting. See South Carolina Code 40-59-20
- 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.
- Floodplain restoration: means any activity undertaken to reestablish the hydrology and ecology of the floodplain to its natural state. See South Carolina Code 48-62-310
- Folding camping trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and is constructed with collapsible partial side walls that fold for towing by another vehicle. See South Carolina Code 56-14-10
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Franchise: means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchised product or leases or rents the dealership premises. See South Carolina Code 56-16-10
- Franchisee: means a motorcycle dealer to whom a franchise is offered or granted. See South Carolina Code 56-16-10
- Fraud: Intentional deception resulting in injury to another.
- Fund: means the Disaster Relief and Resilience Reserve Fund. See South Carolina Code 48-62-10
- Fund: means the South Carolina Resilience Revolving Fund. See South Carolina Code 48-62-310
- 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
- Grantor: The person who establishes a trust and places property into it.
- 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 inspection: means the rendering of a written or oral report in exchange for compensation of any sort, regarding the condition of the construction or improvements to a residence including, but not limited to, structural problems or conditions, damage, safety problems, deterioration, equipment, and systems that are visible and readily accessible. See South Carolina Code 40-59-500
- Home inspector: means an individual who, for compensation of any sort, engages in the business of home inspection. See South Carolina Code 40-59-500
- Home state: means a compact state where a psychologist is licensed to practice psychology. See South Carolina Code 40-55-320
- Humane society: means an unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals. See South Carolina Code 47-3-470
- Identity history summary: means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. See South Carolina Code 40-55-320
- 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
- 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.
- Inherent risk of equine activity: means those dangers or conditions which are an integral part of equine activities, including, but not limited to:
(a) the propensity of an equine to behave in ways that may result in injury, harm, or death to a person on or around the equine;
(b) the unpredictability of an equine's reaction to sound, sudden movement, an unfamiliar object, a person, or another animal;
(c) certain hazards such as surface and subsurface conditions;
(d) collisions with other equines or objects; and
(e) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, as failing to maintain control over the animal or not acting within the participant's ability. See South Carolina Code 47-9-710 - Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- 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
- 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
- License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
- License: means a license, registration, or certification issued in accordance with this chapter. See South Carolina Code 40-59-20
- License: means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. See South Carolina Code 40-55-320
- Lien: A claim against real or personal property in satisfaction of a debt.
- Line make: means a specific series of recreational vehicle products that:
(a) are identified by a common series trade name or trademark;
(b) are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;
(c) have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;
(d) belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
(e) the manufacturer/dealer agreement authorizes a dealer to sell. See South Carolina Code 56-14-10 - Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Livestock: includes neat cattle, horses, mules, asses, hogs, sheep and goats; and
(2) "Owner" and "stock owner" mean any person who owns livestock. See South Carolina Code 47-9-210 - Loan: means a loan from the authority to an eligible fund recipient for the purpose of financing all or a portion of the cost of a project. See South Carolina Code 48-62-310
- Loan agreement: means a written agreement between the authority and a project sponsor with respect to a loan. See South Carolina Code 48-62-310
- Local government: means any county, city, town, municipal corporation, authority, district, commission, or political subdivision created by the General Assembly or established pursuant to the laws of this State. See South Carolina Code 48-62-310
- 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 - Manufacturer: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles. See South Carolina Code 56-14-10
- Manufacturer: means any person, resident, or nonresident who manufacturers or assembles new motorcycles, or imports for distribution through distributors of motor vehicles, including any person, partnership, or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of motorcycles and includes distributor and factory branch. See South Carolina Code 56-16-10
- 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
- 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
- Motorhome: means a self-propelled vehicle designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations. See South Carolina Code 56-14-10
- 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
- New motorcycle: means a motorcycle which has not been previously sold to any person except a distributor or wholesaler or motorcycle dealer for resale. See South Carolina Code 56-16-10
- New recreational vehicle: means a recreational vehicle that has never been sold to the retail public nor titled or registered in any state. See South Carolina Code 56-14-10
- 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.
- Noncompact state: means any state which is not at the time a compact state. See South Carolina Code 40-55-320
- 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
- Oath: A promise to tell the truth.
- Office: means the South Carolina Office of Resilience. See South Carolina Code 48-62-10
- Office: means the South Carolina Office of Resilience. See South Carolina Code 48-62-310
- Order: means a written document prepared and issued by the department which mandates specific actions to be accomplished by a dam owner within a specified time frame. See South Carolina Code 49-11-120
- 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
- owner: means a person who owns or has custody or control of the animal. See South Carolina Code 47-3-710
- Owner: means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir. See South Carolina Code 49-11-120
- Participant: means a person, amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See South Carolina Code 47-9-710
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Passenger bus: means a vehicle designed to carry sixteen or more passengers. See South Carolina Code 56-35-10
- person: means (1) any individual, partnership, corporation or association which is the owner of a business; (2) any owner, part owner, tenant, or sharecropper who operates a farm; (3) an individual who is the head of a family; or (4) an individual not a member of a family. See South Carolina Code 55-15-10
- Person: means a natural person, corporation, partnership, trust, or other entity, and in case of an entity, 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 56-14-10
- 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 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.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Proposed project: means a plan submitted to the authority by an eligible fund recipient for the use of loan funds. See South Carolina Code 48-62-310
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Psychologist: means an individual licensed for the independent practice of psychology. See South Carolina Code 40-55-320
- public authority: means the Division of Aeronautics of the State Fiscal Accountability Authority, a municipality, a county or other political subdivision of this State, separately or jointly, authorized to acquire land, air rights, safety markers, and lights as provided in Chapter 9 of Title 55. See South Carolina Code 55-15-10
- 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.
- Receiving state: means a compact state where the client/patient is physically located when the telepsychological services are delivered. See South Carolina Code 40-55-320
- Recreational vehicle: means a motorhome, travel trailer, fifth-wheel trailer, or folding camping trailer designed to provide temporary living quarters for recreational, camping, or travel use, as defined herein. See South Carolina Code 56-14-10
- 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.
- Removal: means destruction or breaching of an existing dam or drainage of water impoundment or reservoir. See South Carolina Code 49-11-120
- 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
- Repetitive loss: means a residence that sustained two or more incidents of weather-related flooding causing damages over one thousand dollars each within a period of ten consecutive years. See South Carolina Code 48-62-310
- Reservoir: means a reservoir which contains the impoundment of water by a dam or reservoir. See South Carolina Code 49-11-120
- Residence: means a structure including, but not limited to, condominiums and townhouses intended to be used or in fact used primarily for living quarters which is not over three floors in height and which does not have more than sixteen units. See South Carolina Code 40-59-500
- Residential builder: means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. See South Carolina Code 40-59-20
- Residential specialty contractor: means an independent contractor who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed five hundred dollars and are not regulated by the provisions of Chapter 11. See South Carolina Code 40-59-20
- 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.
- Restrictive covenant: means a recorded covenant that imposes activity and use limitations on real property. See South Carolina Code 48-62-310
- Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
- Rule: means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to § 40-55-410 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule. See South Carolina Code 40-55-320
- 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
- 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.
- Significant investigatory information: means :
(a) investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of a state statute or ethics code that would be considered more substantial than a minor infraction; or
(b) investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond. See South Carolina Code 40-55-320 - State: means a state, commonwealth, territory, or possession of the United States, or the District of Columbia. See South Carolina Code 40-55-320
- State psychology regulatory authority: means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology. See South Carolina Code 40-55-320
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- 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
- Supplier: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components. See South Carolina Code 56-14-10
- 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
- Telepsychology: means the provision of psychological services using telecommunication technologies. See South Carolina Code 40-55-320
- Temporary authorization to practice: means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state. See South Carolina Code 40-55-320
- 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.
- Testify: Answer questions in court.
- 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
- 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.
- 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.
- Transient customer: means a customer who is temporarily traveling through a dealer's area of sales responsibility. See South Carolina Code 56-14-10
- Travel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and is of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle. See South Carolina Code 56-14-10
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
- 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
- Unsafe: means the condition of the dam is such that repairs or alterations are necessary to reduce the risk of dam failure. See South Carolina Code 49-11-120
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- USGBC: means the United States Green Building Council. See South Carolina Code 48-52-810
- 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.
- Warrantor: means any person, firm, corporation, or business entity, including any manufacturer or supplier that provides a written warranty to the consumer in connection with a new recreational vehicle or a part, accessory, or component. See South Carolina Code 56-14-10
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.