Terms Used In Vermont Statutes > Title 8 > Chapter 1 - Policy and Administration

• Abandoned motor vehicle: means :

• Accredited physician assistant program: means a physician assistant educational program that has been accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or, prior to 2001, by either the Committee on Allied Health Education and Accreditation (CAHEA) or the Commission on Accreditation of Allied Health Education Programs (CAAHEP). See
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affordable housing: means either of the following:

• 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.
• 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.
• 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.
• 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}
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Board: means the State Board of Medical Practice established by chapter 23 of this title. See
• Bylaws: means municipal regulations applicable to land development adopted under the authority of this chapter. See
• Capacity study: means an inventory of available natural and human-made resources, based on detailed data collection, that identifies the capacities and limits of those resources to absorb land development. See
• Carrier: means an insurance company, a nonprofit medical or hospital service corporation, or a health maintenance organization which issues or provides a group health insurance policy or subscriber contract. See
• Collaboration: means a physician assistant's consultation with or referral to an appropriate physician or other health care professional as indicated based on the patient's condition; the physician assistant's education, training, and experience; and the applicable standards of care. See
• Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
• Commissioner: means the Commissioner of Motor Vehicles. See
• compensation: means payment in any form except reimbursement for mileage or the normal salary paid to a person otherwise employed by the school. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conformance with the plan: means a proposed implementation tool, including a bylaw or bylaw amendment that is in accord with the municipal plan in effect at the time of adoption, when the bylaw or bylaw amendment includes all the following:

• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person as defined in subdivision 4(8) of this title. See
• Dealer: means any person who sells or delivers motor fuel into the fuel supply tanks of motor vehicles or aircraft owned or operated by others. See
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Dependent coverage: means family coverage, or coverage for one or more persons as long as the coverage for one or more persons is greater than or equal to the coverage available under family coverage. See
• Disciplinary action: means any action taken by the Board against a physician assistant or an applicant, or an appeal of that action, when the action suspends, revokes, limits, or conditions licensure in any way. See
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distributor: means a person who imports or causes to be imported gasoline or other motor fuel for use, distribution, or sale within the State, or any person who produces, refines, manufactures, or compounds gasoline or other motor fuel within the State for use, distribution, or sale. See
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Element: means a component of a plan. See
• Enforcement officers: shall include :

• 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.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• 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.
• Fluvial erosion: means the erosion or scouring of riverbeds and banks during high flow conditions of a river. See
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Forest fragmentation: means the division or conversion of a forest block by land development other than by a recreational trail or use exempt from regulation under subsection 4413(d) of this title. See
• 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
• Group health insurance policy or subscriber contract: means a policy or contract which meets the following conditions:

• Health insurance plan: means a health benefit plan offered, administered, or issued by a health insurer doing business in Vermont. See
• Health plan: shall include a group health plan as defined under Section 607(1) of the Employee Retirement Income Security Act of 1974 and a nongroup plan as defined in section 4080b of this title. See
• Home health agency: means a nonprofit home health agency which has been certified under Title 18 of the Social Security Act (42 U. See
• Home health care: means care and treatment provided by a home health agency and designed and supervised by a physician, without which care and treatment a person would require institutionalization in a hospital or skilled nursing facility as those are defined by Medicare regulations. See
• Identification number: means the numbers and letters, if any, on a vehicle designated by the Commissioner for the purpose of identifying the vehicle. See
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
• insured: as used in this chapter , shall not be construed as preventing a person other than the insured with proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein. See
• Insurer: shall include any entity providing health insurance or a health plan, a health maintenance organization as defined in subdivision 5101(2) of this title, or a hospital or medical service corporation as defined in chapters 123 and 125 of this title. See
• Intestate: Dying without leaving a will.
• 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.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Land development: means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. See
• Landowner: means a person who owns or leases or otherwise has authority to control use of real property. See
• Law enforcement officer: means a State Police officer, municipal police officer, motor vehicle inspector, Capitol Police officer, constable, sheriff, or deputy sheriff certified by the Vermont Criminal Justice Council under 20 V. See
• 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}
• Legislative body: means the selectboard in the case of a town, the trustees in the case of an incorporated village, and the mayor, alderpersons, and city council members in the case of a city, and the supervisor in the case of an unorganized town or gore. See
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person holding a security interest in a vehicle. See
• Mammography: means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and digital detector. See
• medical or scientific evidence: means one or more of the following sources:

• Medically accepted indication: includes any use of a drug that has been approved by the federal Food and Drug Administration and includes another use of the drug if that use is prescribed by the insured's treating oncologist and supported by medical or scientific evidence. See
• Month: means 30 days and "year" means 365 days. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• motor fuel: includes aviation gasoline and shall not include the following:

• Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
• Motor vehicle: means all vehicles propelled or drawn by power other than muscular power that have, or could have, one or more of the following:

• Municipality: means a town, a city, or an incorporated village or an unorganized town or gore. See
• Nonresident: shall include any person who does not come under the definition of a resident. See
• 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-label use: means the prescription and use of drugs for medically accepted indications other than those stated in the labeling approved by the federal Food and Drug Administration. See
• Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: shall include any person, corporation, co-partnership, or association holding legal title to a motor vehicle or having exclusive right to the use or control thereof for a period of 30 days or more. See
• Participating physician: means a physician practicing as a sole practitioner, a physician designated by a group of physicians to represent their physician group, or a physician designated by a health care facility to represent that facility, who enters into a practice agreement with a physician assistant in accordance with this chapter. See
• Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
• Person: means an individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Physician: means an individual licensed to practice medicine pursuant to chapter 23 or 33 of this title. See
• Physician group: means a medical practice involving two or more physicians. See
• Plan: means a municipal plan adopted under section 4385 of this title. See
• Planning commission: means a planning commission for a municipality created under subchapter 2 of this chapter. See
• Practice agreement: means an agreement that meets the requirements of section 1735a of this chapter. See
• Practice as a physician assistant: means the practice of medicine by a PA pursuant to a practice agreement signed by a participating physician. See
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public notice: means the form of notice prescribed by section 4444, 4449, or 4464 of this title, as the context requires. See
• Public vehicle identification number: means the public vehicle identification number that is usually visible through the windshield and attached to the driver's side of the dashboard, instrument panel, or windshield pillar post or on the doorjamb on the driver's side of the vehicle. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regional plan: means a plan adopted under section 4348 of this title. See
• Regional planning commission: means a planning commission for a region created under subchapter 3 of this chapter. See
• Renewable energy resources: means energy available for collection or conversion from direct sunlight, wind, running water, organically derived fuels, including wood and agricultural sources, waste heat, and geothermal sources. See
• Resident: as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. See
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• River: means the full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• Salvage certificate of title: means a title that is stamped or otherwise branded to indicate that the vehicle described thereon is a salvaged motor vehicle. See
• Salvage dealer: means any person who, in a single year, purchases or in any manner acquires three motor vehicles as salvage or who scraps, dismantles, or destroys three motor vehicles in a single year. See
• Screening: includes the mammography or ultrasound test procedure and a qualified physician's interpretation of the results of the procedure, including additional views and interpretation as needed. See
• Security agreement: means a written agreement which reserves or creates a security interest. See
• Security interest: means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See
• 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.
• Should: means that an activity is encouraged but not mandated. See
• State: means a state, territory, or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, or a province of the Dominion of Canada. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Technical deficiency: means a defect in a proposed plan or bylaw, or an amendment or repeal thereof, correction of which does not involve substantive change to the proposal, including corrections to grammar, spelling, and punctuation, as well as the numbering of sections. See
• Testify: Answer questions in court.
• Towing business: means a person that regularly engages in one or more of the following: recovery, impoundment, transport, storage, or disposal of motor vehicles. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• 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}
• Vehicle: means a motor vehicle as defined by section 4 of this title. See
• 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.
• Wetlands: means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. See