Terms Used In Tennessee Code > Title 62 > Chapter 43 - Tennessee Professional Employer Organization Act

• Applicant: means a person seeking an initial or renewal registration pursuant to this chapter. See Tennessee Code 62-43-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Audit: means an engagement performed in accordance with the Statements on Auditing Standards (SAS). See Tennessee Code 62-43-102
• Child: means :
  (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
• Client: means any person who enters into a professional employer agreement with a professional employer organization. See Tennessee Code 62-43-102
• Co-employer: means either a professional employer organization or a client. See Tennessee Code 62-43-102
• Co-employment relationship: means a relationship which is intended to be an ongoing relationship rather than a temporary or project specific one, wherein the rights, duties, and obligations of an employer which arise out of an employment relationship have been shared and allocated between co-employers pursuant to a professional employer agreement and this chapter. See Tennessee Code 62-43-102
• 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
• Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102
• Contract: A legal written agreement that becomes binding when signed.
• Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of children's services. See Tennessee Code 37-1-102
• Department: means the department of commerce and insurance. See Tennessee Code 62-43-102
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• 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.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• 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.
• 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.
• Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local governmental entity: means a governing body, board, commission, committee or department of a municipality or county. See Tennessee Code 62-43-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional employer agreement: means a written contract between a client and a professional employer organization that provides:
  (A) For the co-employment of covered employees. See Tennessee Code 62-43-102
• Professional employer organization group: means two (2) or more professional employer organizations that are majority owned or commonly controlled by the same entity, parent or controlling person. See Tennessee Code 62-43-102
• Professional employer services: means the service of entering into co-employment relationships under this chapter in which all or a majority of the employees providing services to a client, a division or work unit of a client are covered employees. See Tennessee Code 62-43-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Quorum: The number of legislators that must be present to do business.
• Registrant: means a professional employer organization registered under this chapter. See Tennessee Code 62-43-102
• 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
• safe baby court: means any court program created within this state that seeks to accomplish the goals stated in subsection (b) and that is established by a judge with jurisdiction over juvenile court matters. See Tennessee Code 37-1-902
• 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.
• Small operations: means an applicant or registrant with less than fifty million dollars ($50,000,000) in annualized wages. See Tennessee Code 62-43-102
• 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
• Temporary help services: means services consisting of a person:
  (A) Recruiting and hiring its own employees. See Tennessee Code 62-43-102
• Working capital: means the excess of current assets over current liabilities as determined by generally accepted accounting principles. See Tennessee Code 62-43-102
• 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