Terms Used In Tennessee Code > Title 3 > Chapter 17 - Tennessee Nonprofit Gaming Law

• Abuse: means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. See Tennessee Code 68-11-1002
• Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
• Advance directive: means an individual instruction or a written statement relating to the subsequent provision of health care for the individual, including, but not limited to, a living will or a durable power of attorney for health care. See Tennessee Code 68-11-1802
• 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 an individual designated in an advance directive for health care to make a health care decision for the individual granting the power. See Tennessee Code 68-11-1802
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Alcoholic beverages: has the meaning given in §. See Tennessee Code 68-14-601
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual event: means an event:
  (A) Authorized by two-thirds (2/3) vote of all members elected to each house of the general assembly. See Tennessee Code 3-17-102
• Annual event application: means the application made to the secretary of state to operate an annual event. See Tennessee Code 3-17-102
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• 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.
• Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
• Auxiliary food service operation: means a designated area located within or adjacent to a food service establishment sharing common ownership or management, and whose primary purpose is serving beverages. See Tennessee Code 68-14-703
• 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.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• 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}
• Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
• bingo: means a specific game of chance in which participants use cards or paper sheets divided into horizontal and vertical spaces, each of which is designated by a letter and a number, and prizes are awarded on the basis of the letters and numbers on the card conforming to a predetermined and preannounced configuration of letters and numbers selected at random. See Tennessee Code 3-17-102
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Board: means the mayor and the aldermen. See Tennessee Code 6-1-101
• Board: means the board for licensing healthcare facilities. See Tennessee Code 68-11-1602
• Board: means the board for licensing health care facilities. See Tennessee Code 68-11-2101
• Capable of providing neuroendovascular treatment: means the capacity to:
  (A) Properly assess, diagnose using advanced imaging devices, and treat stroke patients with complex cases of ischemic stroke, including emergent large vessel occlusion causing the loss of blood supply to a part of the brain and requiring immediate treatment at a facility with a trained team of neurointerventional surgeons, vascular neurologists, and assisting medical personnel. See Tennessee Code 68-11-2101
• Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision. See Tennessee Code 68-11-1802
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certificate of need: means a permit granted by the health facilities commission to a person for those services specified as requiring a certificate of need under §. See Tennessee Code 68-11-1602
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• City: means any city or territory to be incorporated that may adopt chapters 30-36 of this title. See Tennessee Code 6-30-102
• Claims data: means :
  (A) A general claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the claims experience with the following information:

  (i) Number of enrolled employees, including whether the individual is active or a retiree. See Tennessee Code 8-27-301
• 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.
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the health facilities commission. See Tennessee Code 68-11-2301
• Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
• Commissioner: means the commissioner of health. See Tennessee Code 68-11-1302
• Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-302
• Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-502
• Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-703
• committees: means the state insurance committee created in §. See Tennessee Code 8-27-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conflict of interest: means a matter before the commission in which the member or employee of the commission has a direct interest or indirect interest that is in conflict or gives the appearance of conflict with the discharge of the member's or employee's duties. See Tennessee Code 68-11-1602
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: has the meaning given in the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4. See Tennessee Code 68-14-601
• Controlled substance analogue: has the meaning given in §. See Tennessee Code 68-14-601
• Controlling person: means :
  (A) A business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency. See Tennessee Code 68-11-2301
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative agreement: means an agreement among two (2) or more hospitals for the consolidation by merger or other combination of assets, offering, provision, operation, planning, funding, pricing, contracting, utilization review or management of health services or for the sharing, allocation, or referral of patients, personnel, instructional programs, support services and facilities or medical, diagnostic or laboratory facilities or procedures or other services traditionally offered by hospitals. See Tennessee Code 68-11-1302
• 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.
• Countermeasure: means a vaccine or the component parts used in the design, development, clinical testing or investigation or manufacture of a vaccine, including seed stocks, cell lines and plasmids, used to diagnose, mitigate, prevent, treat, cure or otherwise limit the harm of an infectious disease that is:
  (A) Approved or cleared under Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U. See Tennessee Code 68-11-1901
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• County official: means a county clerk, a clerk of a circuit court, a criminal court, or a probate court, a clerk and master of a chancery court, a clerk of a general sessions court where such general sessions court has an independent clerk who serves such court only, a register of deeds, a county trustee, a sheriff, a county road superintendent elected by a county legislative body, by a county road commission or commissioners, or by popular vote, and an assessor of property, any county commissioner elected by popular vote, serving in a county having a county commission form of government. See Tennessee Code 8-34-101
• Covered compensation: means , with respect to any calendar year, the amount of a member's earnable compensation subject to contributions under the Federal Insurance Contributions Act (26 U. See Tennessee Code 8-34-101
• Credential analysis: means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources. See Tennessee Code 8-16-302
• Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Criminal disposition: means the disposition of criminal charges constituting an offense against a vulnerable person, as that term is defined by this section, either by conviction, or by pretrial diversion authorized by any court pursuant to title 40, chapter 15, or by an order deferring further proceedings and placing an individual on probation by post-trial diversion issued pursuant to title 40, chapter 35. See Tennessee Code 68-11-1002
• Critical items: means those aspects of operation or conditions of facilities or equipment that, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. See Tennessee Code 68-14-302
• Critical items: means those aspects of operation or conditions of facilities or equipment that, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. See Tennessee Code 68-14-502
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• day: means a twenty-four-hour period beginning at twelve o'clock (12:00) midnight and ending at eleven fifty-nine post meridiem (11:59 p. See Tennessee Code 3-17-102
• Decedent: A deceased person.
• 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 fire department or police department of any municipality that pays wages to its employees for services rendered. See Tennessee Code 6-54-801
• Department: means the department of health. See Tennessee Code 68-11-1302
• Department: means the department of health. See Tennessee Code 68-11-1401
• Department: means the department of health. See Tennessee Code 68-11-1602
• Department: means the department of health. See Tennessee Code 68-11-2101
• Department: means the department of health. See Tennessee Code 68-14-302
• Department: means the department of health. See Tennessee Code 68-14-502
• Department: means the department of health. See Tennessee Code 68-14-703
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes such responsibility. See Tennessee Code 68-11-1802
• Direct interest: means a pecuniary interest in the persons involved in a matter before the commission, and applies to the commission member or employee, the commission member's or employee's relatives, or an individual with whom or business in which the member or employee has a pecuniary interest. See Tennessee Code 68-11-1602
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Drug abuse: means a condition characterized by the continuous or episodic use of a drug or drugs that results in social impairment, vocational impairment, psychological dependence, or pathological patterns of use. See Tennessee Code 68-11-2001
• Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 8-16-302
• Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Tennessee Code 8-16-302
• Electronic notarial certificate: means the portion of a notarized electronic document that is completed by an online notary public and contains the following:
  (A) The online notary public's electronic signature, electronic seal, title, and commission expiration date. See Tennessee Code 8-16-302
• Electronic seal: means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents. See Tennessee Code 8-16-302
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document. See Tennessee Code 8-16-302
• Employee: means any person who, on the adoption of this part, is a paid employee in the fire department or police department of any municipality and a member of a municipal retirement system or pension plan. See Tennessee Code 6-54-801
• Employee: means a person:
  (A) In charge of a food establishment. See Tennessee Code 68-14-703
• Employer: means :
  (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
• 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}
• Equivalent competitive procedures: means procedures that include the following:
  (A) Use of a notification procedure designed to reach prospective suppliers of goods or services likely to be interested, as well as able, to satisfy the requirement for such goods and services. See Tennessee Code 68-11-1202
• establishment: means a private home, inn or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and having four (4), but not more than twelve (12), guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property or immediately adjacent to it. See Tennessee Code 68-14-502
• Event date: means the day of an annual event. See Tennessee Code 3-17-102
• 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 director: means the executive director of the health facilities commission. See Tennessee Code 68-11-2301
• Exploitation: means , in cases that are investigated by the department of human services, the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. See Tennessee Code 68-11-1002
• extra services: means any duties other than summer school or regular duties. See Tennessee Code 8-34-101
• Facility: means real property owned, leased, or used by a healthcare institution for any purpose, other than as an investment. See Tennessee Code 68-11-1602
• Facility: means a hospital operating room or hospital emergency room department. See Tennessee Code 68-11-2203
• Facility-provided medication: means a topical antibiotic, anti-inflammatory, dilation, or glaucoma drop or ointment that a facility employee has on standby or that is retrieved from a dispensing system for a specified patient for use during a procedure or visit. See Tennessee Code 68-11-2203
• 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.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Financial accounting: means a report of funds collected and expended for the annual event that is filed after completion of an annual event. See Tennessee Code 3-17-102
• Firefighter: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the fire department of such political subdivision, and is trained in firefighting and actively engaged in such work or subject to call for such services, providing such person's primary livelihood is derived from such work. See Tennessee Code 8-34-101
• 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.
• Food Code: means the 2009 Food Code as published by the United States department of health and human services, public health service, food and drug administration. See Tennessee Code 68-14-703
• Food service establishment: includes places identified in subdivision (9)(A) regardless of whether there is a charge for the food. See Tennessee Code 68-14-703
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing board: means that group of persons designated as commissioners, directors, trustees or similar titles denoting responsibility for establishing policy and having ultimate authority for control of the management, operations and finances of a public body. See Tennessee Code 68-11-1202
• Governing body: means the official or officials authorized by law to exercise ordinance or other law-making power of a municipality. See Tennessee Code 6-54-701
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Group purchasing program: means any plan, program or method that is intended to provide one (1) or more public bodies, or other governmental or nonprofit organizations, or other entities or persons, whether located in this state or elsewhere, with the opportunity to obtain goods or services at a discount or savings not otherwise available through the purchasing practices of a public body. See Tennessee Code 68-11-1202
• 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.
• Guardian: means a judicially appointed guardian or conservator having authority to make a health care decision for an individual. See Tennessee Code 68-11-1802
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health care: means any care, treatment, service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, and includes medical care as defined in §. See Tennessee Code 68-11-1802
• Health care decision: means consent, refusal of consent or withdrawal of consent to health care. See Tennessee Code 68-11-1802
• Health care institution: means a health care institution as defined in §. See Tennessee Code 68-11-1802
• Health care institution: means any publicly or privately owned or operated institution, facility, center, or place licensed by the department of health that provides health services for patients that engage in drug abuse. See Tennessee Code 68-11-2001
• Health care provider: means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in practicing of a profession. See Tennessee Code 68-11-1802
• Health care provider: means a person licensed under title 63 or this title to provide health care or related services. See Tennessee Code 68-11-2001
• Healthcare facility: means a nursing home or an assisted-care living facility as those terms are defined by §. See Tennessee Code 68-11-2301
• Healthcare research institution: includes any or all of the parents, subsidiaries, affiliates, successors and assigns of the institution, and any or all individual trustees, officers, directors, employees, and agents of the institution. See Tennessee Code 68-11-1901
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Home care organization: means an entity licensed as such by the commission that is staffed and organized to provide "home health services" or "hospice services" as defined by §. See Tennessee Code 68-11-1602
• homestay: means a private home, inn or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and having less than four (4) guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property or immediately adjacent to it. See Tennessee Code 68-14-502
• Hospital: means :
  (A) Any institution required to be licensed as a hospital under §. See Tennessee Code 68-11-1302
• Hotel: means any building or establishment kept, used, or maintained as, or advertised as, or offered to the public to be, a place where sleeping accommodations are furnished for pay to transients or travelers, whether or not meals are served to transients or travelers. See Tennessee Code 68-14-302
• Identity proofing: means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources. See Tennessee Code 8-16-302
• Imminent health hazard: means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person. See Tennessee Code 68-14-302
• Imminent health hazard: means any condition, deficiency or practice that, if not corrected, is very likely to result in illness, injury or loss of life to any person. See Tennessee Code 68-14-502
• Imminent health hazard: means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person. See Tennessee Code 68-14-703
• In-service: means a member who has not retired, has not been refunded and is within one hundred fifty (150) days of such member's last paid day of employment. See Tennessee Code 8-34-101
• 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.
• Indirect interest: means a personal interest in the persons involved in a matter before the commission that is in conflict with the discharge of the commission member's or employee's duties. See Tennessee Code 68-11-1602
• Individual instruction: means an individual's direction concerning a health care decision for the individual. See Tennessee Code 68-11-1802
• Indwelling catheter: means a proprietary indwelling device that is inserted under a patient's skin to provide long-term IV access for administering blood products, prescribed medication, high-dose chemotherapy, or other treatments. See Tennessee Code 68-11-2001
• infrequent casual sales: means sales not in excess of one hundred fifty dollars ($150) per day on any particular day. See Tennessee Code 68-14-703
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innkeeper: means the owner, operator, manager or keeper of a lodging establishment. See Tennessee Code 68-14-601
• Instructional employee: means those persons employed by a local education agency as teachers, as defined in §. See Tennessee Code 8-27-301
• Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intervenor: means any hospital, physician, allied health professional, healthcare provider or other person furnishing goods or services to, or in competition with, hospitals, insurer, hospital service corporation, medical service corporation, hospital and medical services corporation, preferred provider organization, health maintenance organization, or any employer or association that directly or indirectly provides health care benefits to its employees or members. See Tennessee Code 68-11-1302
• 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.
• Juror: A person who is on the jury.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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}
• Legatee: A beneficiary of a decedent
• Letter of intent: means the form prescribed by the commission that requires a brief project description, location, estimated project cost, owner of the project, and description of services to be performed. See Tennessee Code 68-11-1602
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed beds: means the number of beds licensed by the commission having licensing jurisdiction over the facility in which the beds are located. See Tennessee Code 68-11-1602
• 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.
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Local education insurance committee: means the local education insurance committee created in subsection (a). See Tennessee Code 8-27-301
• Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by chapters 34-37 of this title. See Tennessee Code 8-34-101
• Local transfer and storage business: means the business of transferring and/or storing for a profit the household goods and effects of another within the confines of the territorial limits of the municipality adopting this part. See Tennessee Code 6-54-701
• Lodging establishment: means any structure or space, or any portion of a structure or space, that is occupied or intended or designed for occupancy by guests of the lodging establishment for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist camp, tourist court, tourist cabin, motel, bed and breakfast establishment or any place in which rooms, lodgings or accommodations are furnished to guests for a consideration. See Tennessee Code 68-14-601
• Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
• minor: has the meaning given in §. See Tennessee Code 68-14-601
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Misappropriation: means any taking, possession or use of the property of a vulnerable person the elements of which constitute any criminal offense involving such property, or that constitute a violation of a fiduciary duty of a caretaker of a vulnerable person. See Tennessee Code 68-11-1002
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means any municipality having its own employees retirement system or pension plan. See Tennessee Code 6-54-801
• Needs assessment: means an annual report that measures access to health care in this state, particularly as to emergency and primary care. See Tennessee Code 68-11-1602
• Neglect: means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness. See Tennessee Code 68-11-1002
• 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.
• Nonprofit organization: means :
  (A) A 501(c)(3) organization that is exempt from federal income taxation under §. See Tennessee Code 3-17-102
• Nonresidential substitution-based treatment center for opiate addiction: includes , but is not limited to, stand-alone clinics offering methadone, products containing buprenorphine such as Subutex and Suboxone, or products containing any other formulation designed to treat opiate addiction by preventing symptoms of withdrawal. See Tennessee Code 68-11-1602
• Nursing home bed: means :
  (A) A licensed bed within a nursing home, regardless of whether the bed is certified for medicare or medicaid services. See Tennessee Code 68-11-1602
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• 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.
• Offense against a vulnerable person: means any act that constitutes abuse, neglect, misappropriation or exploitation of the property of a vulnerable person even if the act does not constitute a criminal act, or any crime the elements of which constitute abuse, neglect, or misappropriation or exploitation of the property of a vulnerable person. See Tennessee Code 68-11-1002
• Officer: means the mayor, aldermen, city attorney and city judge. See Tennessee Code 6-1-101
• Online notarization: means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under §. See Tennessee Code 8-16-302
• Online notary public: means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part. See Tennessee Code 8-16-302
• Oversight: Committee review of the activities of a Federal agency or program.
• Part-time employee: includes any interim teacher who is employed on a temporary basis to teach for a regular teacher who is on unpaid leave. See Tennessee Code 8-34-101
• 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.
• Patient: includes , but is not limited to, a person who has an acute or chronic physical or mental illness or injury. See Tennessee Code 68-11-1602
• pension plan: means an existing system or plan by which a municipality is paying or will pay the retired employees of its fire department or police department a retirement allowance after such employees have complied with certain conditions or requirements of employment or service to the municipality. See Tennessee Code 6-54-801
• Person: means any individual, organization, trust, foundation, group, association, partnership, limited liability company, corporation, society, or any combination of them, or any other entity. See Tennessee Code 3-17-102
• Person: means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 68-11-1802
• Person: means an individual, firm, corporation, partnership, or association. See Tennessee Code 68-11-2301
• Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments. See Tennessee Code 68-14-302
• Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision. See Tennessee Code 68-14-502
• Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments. See Tennessee Code 68-14-703
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person in charge: means an individual present at a food service establishment who is responsible for the operation at the time of inspection. See Tennessee Code 68-14-703
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Personally informing: means a communication by any effective means from the patient directly to a health care provider. See Tennessee Code 68-11-1802
• Physician: means an individual authorized to practice medicine or osteopathy under title 63, chapter 6 or 9. See Tennessee Code 68-11-1802
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Power of attorney for health care: means the designation of an agent to make health care decisions for the individual granting the power. See Tennessee Code 68-11-1802
• Prescriber: means an individual authorized by law to prescribe drugs. See Tennessee Code 68-11-2203
• Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• profit: means the excess revenue over expenditures prior to the expenditure of the amount which may be optionally made available for employees in cash or placed in trust by the state on behalf of the employees under the plan. See Tennessee Code 8-25-302
• Property: means all interests of any type in real property, and any interests of any type in personal property whether in moneys or financial instruments of any type, goods, furnishings, and similar property. See Tennessee Code 68-11-1002
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public body: means :
  (A) Any hospital organized and operating under the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57, as it existed on or after May 1, 1990. See Tennessee Code 68-11-1202
• Public school: means any school conducted within the state under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the state. See Tennessee Code 8-34-101
• Public swimming pools: means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, or for instructional purposes in swimming, diving, or other aquatic activities by humans, together with buildings, appurtenances, and equipment used in connection with the structure. See Tennessee Code 68-14-302
• 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.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Reasonably available: means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Tennessee Code 68-11-1802
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Rehabilitation facility: means an inpatient or residential facility that is operated for the primary purpose of assisting in the rehabilitation of physically disabled persons through an integrated program of medical and other services that is provided under professional supervision. See Tennessee Code 68-11-1602
• relative: means a spouse, parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, or nephew by blood, marriage, or adoption. See Tennessee Code 68-11-1602
• 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.
• Remote presentation: means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
  (A) Identify the individual seeking the online notary public's services. See Tennessee Code 8-16-302
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retired employee: means any person who has been a paid employee in the fire department or police department of any municipality and who, on the adoption of this part, is receiving from such municipality a retirement allowance based upon such person's service in such department. See Tennessee Code 6-54-801
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
• Retirement allowance: means the monthly payment for life made to a retired employee or the retired employee's survivors or beneficiaries under a municipal employees retirement system or pension plan. See Tennessee Code 6-54-801
• Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
• Review cycle: means the timeframe set for the review and initial decision on applications for certificate of need applications that have been deemed complete, with the fifteenth day of the month being the first day of the review cycle. See Tennessee Code 68-11-1602
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Secretary: means the secretary of state or the secretary of state's authorized representative. See Tennessee Code 3-17-102
• Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
• 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.
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• State: means the state of Tennessee. See Tennessee Code 8-34-101
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 68-11-1802
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• State health plan: means the plan that is developed by the state health planning division pursuant to this part. See Tennessee Code 68-11-1602
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Stroke-related designation: means a designation including, but not limited to, a comprehensive stroke center, primary stroke center, acute stroke-ready hospital, or other stroke-related designation approved by rule by the board in consultation with the emergency medical services board. See Tennessee Code 68-11-2101
• Student: means any person enrolled in a course of study in a school or in a post-secondary educational institution who as a condition of such enrollment is employed in a full-time position. See Tennessee Code 8-34-101
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
• Summons: Another word for subpoena used by the criminal justice system.
• Support staff employees: means those persons employed by a local education agency who are not instructional employees. See Tennessee Code 8-27-301
• Surrogate: means an individual, other than a patient's agent or guardian, authorized under this part to make a health care decision for the patient. See Tennessee Code 68-11-1802
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Treating health care provider: means a health care provider who at the time is directly or indirectly involved in providing health care to the patient. See Tennessee Code 68-11-1802
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Type of lottery game: means a game of chance played by a person eighteen (18) years of age or older, including bingo, raffles, reverse raffles, cakewalks and cakewheels, but expressly prohibiting pulltabs, punchboards, instant bingo, video lottery, instant and online lottery games of a type operated by the Tennessee education lottery corporation, keno and games of chance associated with casinos including, but not limited to, slot machines, roulette wheels, and the like. See Tennessee Code 3-17-102
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• video lottery: means a lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher that can be redeemed for a cash or non-cash prize, or nothing, determined wholly or predominantly by chance. See Tennessee Code 3-17-102
• Vulnerable person: means anyone who:
  (A) Is under eighteen (18) years of age. See Tennessee Code 68-11-1002
• Wildlife officer: means any commissioned employee of the wildlife resources agency engaged in law enforcement activities on a day-to-day basis. See Tennessee Code 8-34-101
• Willful misconduct: means an act or omission that is taken:
  (A) Intentionally to achieve a wrongful purpose. See Tennessee Code 68-11-1901
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105