Terms Used In Tennessee Code > Title 18 > Chapter 1 > Part 1 - Qualifications and Conduct of Office

• Accurate: means a piece of equipment when its performance or value-that is, its indications, its deliveries, its recorded representations, or its capacity or actual value, etc. See Tennessee Code 47-26-902
• Agricultural products: means any product of agriculture which is tested for moisture content when offered for sale, processing, or storage. See Tennessee Code 47-26-701
• 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
• All-terrain vehicle: means a motorized vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than three thousand five hundred pounds (3,500 lbs. See Tennessee Code 47-25-1902
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Blending Stock: means any liquid compound used for blending with other liquid compounds, including catalytically reformed products and additives, to produce gasoline and gasoline-oxygenate blends that are consistent with the requirements of chapter 18, part 13 of this title. See Tennessee Code 47-25-2002
• Certificate: means that document or instrument issued by a public weighmaster containing information specified in §. See Tennessee Code 47-26-1002
• Certified public weigher: means a natural person licensed under this part. See Tennessee Code 47-26-802
• 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
• Commercial weighing and measuring equipment: means weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. See Tennessee Code 47-26-902
• Commissioner: means the commissioner of agriculture. See Tennessee Code 47-26-701
• Commissioner: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-802
• Commissioner: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-1002
• Commissioner: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-1102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Credit limit: means the maximum amount of principal indebtedness which may be outstanding at any one time under a revolving credit agreement. See Tennessee Code 47-28-101
• Creditor: includes a state or national bank, a state or federal savings and loan association, a savings bank, a registrant under the Industrial Loan and Thrift Companies Act, compiled in title 45, chapter 5, a state or federal credit union, or any other individual, partnership, trust, corporation, or other legal entity permitted or authorized to enter into credit transactions secured by a mortgage. See Tennessee Code 47-28-101
• Current net price: means the price listed in the supplier's price list or catalogue in effect at the time the contract is canceled or discontinued, less any applicable trade and cash discounts. See Tennessee Code 47-25-1902
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person engaged in the business of selling and retailing inventory, who enters into a retail agreement, and who, under the terms of the agreement receives inventory from the supplier. See Tennessee Code 47-25-1902
• 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 Tennessee department of agriculture. See Tennessee Code 47-26-701
• Department: means the Tennessee department of agriculture. See Tennessee Code 47-26-802
• Department: means the Tennessee department of agriculture. See Tennessee Code 47-26-902
• Department: means the Tennessee department of agriculture. See Tennessee Code 47-26-1002
• Department: means the Tennessee department of agriculture. See Tennessee Code 47-26-1102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• 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.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• 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.
• franchise agreement: means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise. See Tennessee Code 47-25-1902
• Franchisee: means a person to whom a franchise is offered or granted. See Tennessee Code 47-25-1902
• Franchisor: means a person who grants a franchise to another person. See Tennessee Code 47-25-1902
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• 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
• Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or limit use, or espionage through electronic or other means. See Tennessee Code 47-25-1702
• 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}
• Inventory: means motorcycles, off-road vehicles, attachments and repair parts. See Tennessee Code 47-25-1902
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lineal descendant: Direct descendant of the same ancestors.
• 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
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Misappropriation: means :
  (A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means. See Tennessee Code 47-25-1702
• 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.
• Mortgage: includes a mortgage, deed of trust, or other conveyance of real property securing obligations, except instruments creating or perfecting a security interest in fixtures which do not include other real property. See Tennessee Code 47-28-101
• Motorcycle: means a motorcycle as defined in §. See Tennessee Code 47-25-1902
• 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}
• Natural resources product: means crushed stone, sand, gravel, cement, and asphalt related to highway construction and/or other construction projects or construction purposes, so long as materials are produced at a central location for commercial or highway use, and are measured by ton, cubic yard, or metric weights. See Tennessee Code 47-26-802
• Net cost: means the price the dealer actually paid to the supplier for the inventory, less any applicable trade, volume, or cash bonus discounts, plus freight and set-up expense. See Tennessee Code 47-25-1902
• Net weight: means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. See Tennessee Code 47-26-902
• New and unused property: means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured. See Tennessee Code 47-25-1601
• New and unused property merchant: means a person who engages in the retail sale of personal property at a wholesale/retail outlet in this state and some of such property offered for sale is new and unused. See Tennessee Code 47-25-1601
• NIST: means the National Institute of Standards and Technology which is an agency of the United States department of commerce. See Tennessee Code 47-26-902
• NIST: means the National Institute of Standards and Technology which is an agency of the United States department of commerce. See Tennessee Code 47-26-1002
• NIST: means the National Institute of Standards and Technology which is an agency of the United States department of commerce. See Tennessee Code 47-26-1102
• 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.
• Off-road vehicle: means any off-road motorcycle, all-terrain vehicle, utility vehicle or dune buggy. See Tennessee Code 47-25-1902
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Open-end credit agreement: means a revolving credit agreement that is secured by a mortgage and that is not entered into for commercial purposes. See Tennessee Code 47-28-101
• Open-end mortgage: means a mortgage securing an open-end credit agreement. See Tennessee Code 47-28-101
• 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.
• Permissive supplier: means any person that is not subject to the general taxing jurisdiction of this state, but that:
  (A) Is a position holder in a federal qualified terminal located outside this state. See Tennessee Code 47-25-2002
• Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Tennessee Code 47-25-1702
• Person: means a sole proprietor, partnership, corporation, or any other form of business organization. See Tennessee Code 47-25-1902
• Person: means a natural person, partnership, firm, association, corporation, limited liability company, court appointed representative, state, political subdivision or any other entity, group or syndicate. See Tennessee Code 47-25-2002
• Person: means any individual, corporation, partnership, cooperative association, or two (2) or more persons having a joint or common interest in the same venture. See Tennessee Code 47-26-701
• Person: means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. See Tennessee Code 47-26-902
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• 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
• Position holder: includes a terminal operator that owns petroleum products in the terminal. See Tennessee Code 47-25-2002
• Primary standards: means the physical standards of the state that serve as the legal reference from which all other standards and weights are derived. See Tennessee Code 47-26-902
• Probate: Proving a will
• Producer and supplier: means any individual, firm, partnership, corporation, company, association, or governmental entity which engages in the production and/or sale of natural resources products. See Tennessee Code 47-26-802
• 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 weighing: means the weighing, measuring, or counting, upon request, of vehicles, property, produce, commodities, or articles other than those that the weigher or the weigher's employer, if any, is either buying or selling. See Tennessee Code 47-26-1002
• Public weighmaster: means any person who performs public weighing as defined. See Tennessee Code 47-26-1002
• ranked and well stowed: means that pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner. See Tennessee Code 47-26-902
• 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
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Refiner: means a person that owns, operates or otherwise controls a refinery within the United States. See Tennessee Code 47-25-2002
• Refinery: means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids or other hydrocarbons, and from which motor fuel may be removed by pipeline, by marine vessel or at a rack. See Tennessee Code 47-25-2002
• Registered service agency: shall be construed to mean any agency, firm, company, or corporation employing more than two (2) registered servicepersons that for hire, award, commission, or any other payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and that registers itself as such with the commissioner. See Tennessee Code 47-26-1102
• Registered serviceperson: shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who applies for registration with the commissioner. See Tennessee Code 47-26-1102
• 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.
• 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
• Retail agreement: means an agreement, including a franchise agreement that meets the requirements of a retail agreement, whether express, implied, oral, or written, between two (2) or more persons:
  (A) By which a person receives the right to:

  (i) Sell or lease inventory or services at retail or wholesale. See Tennessee Code 47-25-1902
• Retail station: means any service station, garage, truck stop or other outlet dispensing motor fuel from a container equipped with a computer-type pump that measures fuel passing through it. See Tennessee Code 47-25-2002
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• Revolving credit agreement: means a written agreement between a creditor and one (1) or more borrowers, under which:
  (A) It is contemplated that future advances of money or credit may be made on the request or demand of the borrower. See Tennessee Code 47-28-101
• 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
• Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
• Seal: means and includes the certified weigher's name, the words "Tennessee Certified Weigher" and the weigher's license number, which can be affixed either manually (by a rubber stamp or with an imprinting type stamp) or electronically. See Tennessee Code 47-26-802
• Secondary standards: means the physical standards that are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and regulations. See Tennessee Code 47-26-902
• Signature: means the certified weigher's written name, which can be generated manually or electronically. See Tennessee Code 47-26-802
• 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 state of Tennessee. See Tennessee Code 47-26-902
• State: means the state of Tennessee. See Tennessee Code 47-26-1002
• 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 sealer: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-902
• 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.
• Supplier: includes a:
  (A) Wholesaler. See Tennessee Code 47-25-1902
• Supplier: means a person that meets all the following conditions:
  (A) Is subject to the general taxing jurisdiction of this state. See Tennessee Code 47-25-2002
• Terminal: means a storage and distribution facility for taxable motor fuel, supplied by pipeline or marine vessel, that is registered as a qualified terminal by the internal revenue service. See Tennessee Code 47-25-2002
• Terminate: includes the failure to renew. See Tennessee Code 47-25-1902
• 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.
• Trade secret: means information, without regard to form, including, but not limited to, technical, nontechnical or financial data, a formula, pattern, compilation, program, device, method, technique, process, or plan that:
  (A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use. See Tennessee Code 47-25-1702
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Two-party exchange: means a transaction in which a petroleum product is transferred from one licensed supplier or licensed permissive supplier to another licensed supplier or licensed permissive supplier pursuant to an exchange agreement:
  (A) Which transaction includes a transfer from the person that holds the inventory position for taxable motor fuel in the terminal as reflected on the records of the terminal operator. See Tennessee Code 47-25-2002
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Vehicle: means any device (except railroad freight cars) in, upon, or by which any property, produce, commodity, or article is or may be transported or drawn. See Tennessee Code 47-26-1002
• weight: means net drained weight. See Tennessee Code 47-26-902
• Weights and measures official: means any department of agriculture employee acting on behalf of the department and/or appointed by the commissioner. See Tennessee Code 47-26-1002
• Wholesaler: means an entity that acquires petroleum products from a supplier, importer or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, transport trucks or vessels, and subsequently resells to retailers, other wholesalers or to consumers from its own or its wholly owned affiliated retail locations. See Tennessee Code 47-25-2002
• 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