Terms Used In Tennessee Code > Title 9 > Chapter 4 > Part 5 - Collateral Pool for Public Deposits Act of 1990

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adult: means any person eighteen (18) years of age or older. See Tennessee Code 37-1-102
• 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.
• Affiliate auctioneer: means an individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by a principal auctioneer to deal or engage in any activity described in subdivision (9). See Tennessee Code 62-19-101
• Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
• Agency: means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services. See Tennessee Code 37-2-402
• 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.
• 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.
• Applicant: means a person seeking an initial or renewal registration pursuant to this chapter. See Tennessee Code 62-43-102
• 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.
• Auction: means a sales transaction conducted by oral, written, or electronic exchange between an auctioneer and members of the audience, consisting of a series of invitations by the auctioneer for offers to members of the audience to purchase goods or real estate, culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience. See Tennessee Code 62-19-101
• Auctioneer: means a principal auctioneer, bid caller auctioneer, or public automobile auctioneer. See Tennessee Code 62-19-101
• Audit: means an engagement performed in accordance with the Statements on Auditing Standards (SAS). See Tennessee Code 62-43-102
• Authority: means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor. See Tennessee Code 68-221-502
• Average daily balance: means the sum of the average daily demand deposits, the average daily time deposits, and the average daily savings deposits of public depositors held during the calendar month immediately preceding the current month. See Tennessee Code 9-4-502
• Average monthly balance: means the average monthly balance of public deposits held by the depository during any twelve (12) calendar months. See Tennessee Code 9-4-502
• 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.
• Bid caller auctioneer: means an individual who, for compensation or valuable consideration, or otherwise, is hired by a principal auctioneer, public automobile auction, or public automobile auctioneer to solicit bids for the purchase of goods at an auction. See Tennessee Code 62-19-101
• Board: means the Tennessee collection service board. See Tennessee Code 62-20-102
• Board: means the collateral pool board created pursuant to §. See Tennessee Code 9-4-502
• Board: means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part. See Tennessee Code 37-2-402
• Branch office: means any office of a contract security company within this state other than its principal place of business within this state. See Tennessee Code 62-35-102
• Caregiver: means any relative or other person living, visiting, or working in the child's home who supervises or otherwise provides care or assistance for the child, such as a babysitter, or who is an employee or volunteer with the responsibility for any child at an educational, recreational, medical, religious, therapeutic, or other setting where children are present. See Tennessee Code 37-1-102
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certified trainer: means any individual certified by the commissioner as qualified to administer and certify to successful completion of the minimum training requirements prescribed by this chapter for a security guard/officer. See Tennessee Code 62-35-102
• Child: means :
  (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
• Child: means :
  (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
• Child: means a person who is under eighteen (18) years of age or who is reasonably presumed to be under eighteen (18) years of age. See Tennessee Code 37-1-401
• chiropractic physician: means a person who is a graduate of a chiropractic college accredited by the Council on Chiropractic Education or its successor, or is a graduate of an international chiropractic college approved by the board of chiropractic examiners, and who has received a license issued by the board of chiropractic examiners. See Tennessee Code 63-4-101
• Church-related school: means a school as defined in §. See Tennessee Code 62-35-102
• 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.
• Client: means any person who retains the services of a collection service and for such services directly provides the fee, commission or other compensation. See Tennessee Code 62-20-102
• 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
• Collateral pool: means an arrangement whereby the repayment of public deposits deposited with any qualified public depository is secured through the sum total of eligible collateral pledged by all qualified public depositories, and contingent liability agreements as provided by the collateral pool board. See Tennessee Code 9-4-502
• Collection service: includes , but is not limited to:
  (A) Any deputy sheriff, constable or other individual who, in the course of that person's duties, accepts any compensation other than that fixed by statute in connection with the collection of an account. See Tennessee Code 62-20-102
• Collection service license: means a license granted to a collection service. See Tennessee Code 62-20-102
• Commission: means the Tennessee auctioneer commission. See Tennessee Code 62-19-101
• Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 62-27-102
• Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-35-102
• Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-36-103
• Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102
• Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means the erection, building, acquisition, alteration, reconstruction, improvement or extension of waterworks, preliminary planning to determine the economic and engineering feasibility of waterworks, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary in the construction of waterworks, and the inspection and supervision of the construction of waterworks. See Tennessee Code 68-221-502
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract security company: means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person. See Tennessee Code 62-35-102
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Court: means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides. See Tennessee Code 37-2-402
• Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
• Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
• Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
• Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
• Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of foster care placement: means the original date on which the child is physically placed in foster care. See Tennessee Code 37-2-402
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delinquent act: means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to §. See Tennessee Code 37-1-102
• Delinquent child: means a child who has committed a delinquent act and is in need of treatment or rehabilitation. See Tennessee Code 37-1-102
• Department: means the department of commerce and insurance. See Tennessee Code 62-36-103
• Department: means the department of commerce and insurance. See Tennessee Code 62-43-102
• Department: means the department of children's services. See Tennessee Code 37-1-102
• Department: means the department of children's services. See Tennessee Code 37-1-102
• Department: means the department of children's services. See Tennessee Code 37-1-401
• Department: means the department of children's services. See Tennessee Code 37-2-502
• Department: means the department of environment and conservation. See Tennessee Code 68-221-502
• Dependent: A person dependent for support upon another.
• Deposit insurance: means the insurance provided by the federal deposit insurance corporation. See Tennessee Code 9-4-502
• 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.
• Depository pledge agreement: means the contract between the state treasurer, a qualified public depository, and a trustee custodian providing for the pledge and deposit of collateral, and other provisions determined by the state treasurer. See Tennessee Code 9-4-502
• Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
• Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
• Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Eligible collateral: has the meaning set forth in §. See Tennessee Code 9-4-502
• Eligible project: means a project for the construction of waterworks for which approval is required under this part, which conforms with the applicable rules and regulations of the department, and which in the judgment of the department is economically feasible. See Tennessee Code 68-221-502
• 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.
• 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.
• Evidence-based: means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool. See Tennessee Code 37-1-102
• Ex officio: Literally, by virtue of one's office.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• 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}
• Fiduciary: A trustee, executor, or administrator.
• Financial obligations: means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution. See Tennessee Code 37-1-102
• Financially responsible: means capable, as demonstrated to the board's satisfaction, of sound financial management and fiscal discretion. See Tennessee Code 62-20-102
• 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.
• 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}
• Foster care: means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise. See Tennessee Code 37-1-102
• Foster care: means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise. See Tennessee Code 37-1-102
• Foster parent: means , for purposes other than §. See Tennessee Code 37-1-102
• Fraud: Intentional deception resulting in injury to another.
• fund: means the fund created pursuant to §. See Tennessee Code 9-4-502
• Geologist: means a person qualified by education and practical experience to engage in the practice of geology. See Tennessee Code 62-36-103
• Geology: means the science concerning the earth and its history, including:
  (A) The investigation, prediction of existence and location of:

  (i) Minerals. See Tennessee Code 62-36-103
• Goods: means chattels, merchandise, real or personal property, or commodities of any form or type that may lawfully be kept or offered for sale. See Tennessee Code 62-19-101
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• 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.
• 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
• 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.
• Industrial hygiene: means the science and art devoted to anticipation, recognition, evaluation and control of environmental factors or stressors arising in or from the workplace that may cause sickness, impaired health and well-being or significant discomfort and inefficiency among workers. See Tennessee Code 62-40-101
• Industrial hygienist: means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who, by virtue of special studies and training, has acquired competence in industrial hygiene. See Tennessee Code 62-40-101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internship: means the study of polygraph techniques and of the administration of polygraph techniques by a trainee, referred to as an "intern" in this chapter, under the personal supervision and control of a local licensed polygraph examiner in accordance with a course of study prescribed by the commissioner at the commencement of the internship. See Tennessee Code 62-27-102
• 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.
• Judge: means a juvenile judge or the judge having jurisdiction over the person of the child. See Tennessee Code 37-2-402
• 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
• 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
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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.
• Licensed professional geologist: means a person who is licensed as a geologist under this chapter. See Tennessee Code 62-36-103
• Licensee: means any contract security company licensed in accordance with this chapter. See Tennessee Code 62-35-102
• 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 governmental entity: means a governing body, board, commission, committee or department of a municipality or county. See Tennessee Code 62-43-102
• Loss: includes , but is not limited to:
  (A) The principal amount of the public deposit. See Tennessee Code 9-4-502
• Merchandise: means any consumer item that is or is represented to be new or not previously owned by a consumer. See Tennessee Code 62-30-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• 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.
• 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}
• 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.
• Nonjudicial days: means Saturdays, Sundays and legal holidays. See Tennessee Code 37-1-102
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights. See Tennessee Code 37-2-402
• 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.
• permanency plan: means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in §. See Tennessee Code 37-2-402
• Person: includes an individual, association, partnership, corporation, and the officers, directors, and employees of a corporation. See Tennessee Code 62-19-101
• Person: means an individual, firm, corporation, association or other legal entity. See Tennessee Code 62-20-102
• Person: means any natural person, corporation, partnership, firm or association. See Tennessee Code 62-25-102
• Person: means any natural person, firm, association, copartnership or corporation. See Tennessee Code 62-27-102
• Person: means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity. See Tennessee Code 62-35-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• 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.
• Polygraph examiner: means any person who purports to be able to detect deception or verify truth of statements through instrumentation or by means of a mechanical device. See Tennessee Code 62-27-102
• Positive behavior: means prosocial behavior or progress in a treatment program or on supervision. See Tennessee Code 37-1-102
• 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}
• Practice of chiropractic: means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (a)(1)(D). See Tennessee Code 63-4-101
• Practice of geology: means providing geological services, except as specifically exempted by this chapter. See Tennessee Code 62-36-103
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Preliminary inquiry: means the process established by the Rules of Juvenile Practice and Procedure that is used to commence proceedings and to resolve complaints by excluding certain matters from juvenile court at their inception. See Tennessee Code 37-1-102
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal auctioneer: means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration by the means or process of auction or sale at auction, offers and executes a listing contract, sale, purchase, or exchange of goods, and is responsible for the management and supervision of an auction company, including its wholly owned subsidiary or affiliate company. See Tennessee Code 62-19-101
• Principal corporate officer: means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller. See Tennessee Code 62-35-102
• Private school: means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education. See Tennessee Code 62-35-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102
• Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• 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
• Professional industrial hygienist: means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene, engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who has a minimum of three (3) years full-time industrial hygiene experience. See Tennessee Code 62-40-101
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Proprietary security organization: means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship. See Tennessee Code 62-35-102
• Protective supervision: means supervision ordered by the court of children found to be dependent or neglected or unruly. See Tennessee Code 37-1-102
• Public automobile auction: means a person that offers motor vehicles for sale to the highest bidder, where buyers are members of the public, by a motor vehicle dealer licensed to sell used motor vehicles that holds a public auto auction license and uses the services of a public automobile auctioneer licensed by the commission. See Tennessee Code 62-19-101
• Public automobile auctioneer: means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration at an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, including motor vehicles. See Tennessee Code 62-19-101
• Public charter school: means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with title 49, chapter 13. See Tennessee Code 62-35-102
• Public deposit: means funds in which the entire beneficial interest is owned by a public depositor or funds held in the name of a public official of a public depositor charged with the duty to receive or administer funds and acting in such official's official capacity. See Tennessee Code 9-4-502
• Public depositor: means the state of Tennessee, or any of its agencies, or any Tennessee county, Tennessee incorporated municipality and their political subdivisions, or any utility district organized under the laws of the state or any interstate compact to which the state is a party. See Tennessee Code 9-4-502
• Public depository: means :
  (i) Any savings and loan association, or savings bank (collectively referred to as savings institutions), or any bank chartered by the state of Tennessee. See Tennessee Code 9-4-502
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public school: means an elementary or secondary school operated by a local education agency, as defined in §. See Tennessee Code 62-35-102
• Qualified public depository: means any public depository that meets all of the requirements of this part and that has been authorized by the board to secure public deposits through the collateral pool. See Tennessee Code 9-4-502
• Qualifying agent: means a principal corporate officer meeting the qualifications set forth in this chapter for operating a contract security company. See Tennessee Code 62-35-102
• Qualifying manager: means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization. See Tennessee Code 62-35-102
• Quorum: The number of legislators that must be present to do business.
• 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}
• Registrant: means an individual who holds a valid registration card. See Tennessee Code 62-35-102
• Registrant: means a professional employer organization registered under this chapter. See Tennessee Code 62-43-102
• Registration card: means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state. See Tennessee Code 62-35-102
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rental location agent: means any person who engages in or is employed in the business of locating, providing assistance in locating or furnishing information concerning the location or availability of real property, including apartment housing, that may be leased or rented as a private dwelling, abode or place of residence and who receives or solicits a fee or other valuable consideration from a prospective tenant. See Tennessee Code 62-25-102
• Report: means a written report by an advisory review board as provided in §. See Tennessee Code 37-2-402
• Report of harm: means a report filed under §. See Tennessee Code 37-1-401
• 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
• Responsible charge of work: means accountable, independent control and direction by the use of initiative, skill and independent judgment of geological work or supervision of geological work. See Tennessee Code 62-36-103
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense. See Tennessee Code 37-1-102
• 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
• Runaway: means any person under eighteen (18) years of age who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• Runaway house: means any house or institution giving sanctuary or housing to any person under eighteen (18) years of age, who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• 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
• Sanctuary: means a house, institution or other organization providing housing or accommodations to runaways as set forth in this part. See Tennessee Code 37-2-502
• 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
• Seclusion: means the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child, but does not include:
  (A) The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines. See Tennessee Code 37-1-102
• Security guard and patrol service: means protection of persons or property, or both, from criminal activities, including, but not limited to:
  (A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property. See Tennessee Code 62-35-102
• 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.
• Severe child abuse: means :
  (A)

  (i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to cause serious bodily injury or death. See Tennessee Code 37-1-102
• Severe child abuse: means :
  (A)

  (i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to cause serious bodily injury or death. See Tennessee Code 37-1-102
• 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
• Sexually explicit image: means a lewd or lascivious visual depiction of a minor's genitals, pubic area, breast or buttocks, or nudity, if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such nudity. See Tennessee Code 37-1-102
• Shelter care: means temporary care of a child in physically unrestricted facilities. See Tennessee Code 37-1-102
• 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
• Significant injury: means bodily injury, including a cut, abrasion, bruise, burn, or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty, involving:
  (A) A substantial risk of death. See Tennessee Code 37-1-102
• 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
• Special juvenile court: means a court created by law with jurisdiction limited to those matters contemplated in this title and other general laws of this state. See Tennessee Code 37-1-202
• 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
• 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.
• Street patrol service: means the utilization of foot patrols, motor patrols or any other means of transportation in public areas or on public thoroughfares in order to serve multiple customers or facilities. See Tennessee Code 62-35-102
• Subordinate: means any person who assists a licensed professional geologist in the practice of geology without assuming the responsible charge of work. See Tennessee Code 62-36-103
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Sworn peace officer: means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality. See Tennessee Code 62-35-102
• Temporary help services: means services consisting of a person:
  (A) Recruiting and hiring its own employees. See Tennessee Code 62-43-102
• Temporary premises: means any public or quasi-public place, including a hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, railroad car or motor vehicle, temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. See Tennessee Code 62-30-101
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• token support: means that the support, under the circumstances of the individual case, is insignificant given the parent's means. See Tennessee Code 37-2-402
• token visitation: means that the visitation, under the circumstances of the individual case, constitutes nothing more than perfunctory visitation or visitation of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial contact with the child. See Tennessee Code 37-2-402
• 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.
• Transitory vendor: means any person who brings into temporary premises and exhibits to the public stocks of merchandise for the purpose of selling or offering to sell the merchandise to the public. See Tennessee Code 62-30-101
• Treatment: means :
  (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation. See Tennessee Code 63-4-101
• 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.
• Trustee custodian: means a financial institution designated to hold eligible collateral on behalf of the state treasurer and a qualified public depository pursuant to §. See Tennessee Code 9-4-502
• Undercover agent: means an individual hired by another person, through a contract security company to perform a job in or for that person, and while performing the job, to act as an undercover employee, independent contractor or operative of the person, but under the supervision of the contract security company. See Tennessee Code 62-35-102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Unruly child: means a child in need of treatment and rehabilitation who:
  (A) Habitually and without justification is truant from school while subject to compulsory school attendance under §. See Tennessee Code 37-1-102
• Validated risk and needs assessment: means a determination of a child's risk to reoffend and the needs that, when addressed, reduce the child's risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that predict delinquent behavior. See Tennessee Code 37-1-102
• Waterworks: includes all or any part of the following: source of supply, pumping facilities, purification works, collection and storage facilities and distribution system for water, together with all necessary parts and appurtenances for proper operation. See Tennessee Code 68-221-502
• Working capital: means the excess of current assets over current liabilities as determined by generally accepted accounting principles. See Tennessee Code 62-43-102
• 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