Terms Used In West Virginia Code > Chapter 4 > Article 14 - Legislative Oversight Commission On Department of Transportation Accountability

• Agency: means any branch, department or unit of the state government, however designated or constituted. See West Virginia Code 20-1-2
• Agency: means each agency, authority, board, committee, commission or division of the Department of Transportation. See West Virginia Code 4-14-2
• 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.
• 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
• Commercial infectious medical waste facility: means any infectious medical waste management facility at which thirty-five percent or more by weight of the total infectious medical waste stored, treated, or disposed of by said facility in any calendar year is generated off-site. See West Virginia Code 20-5J-3
• Commission: means the Natural Resources Commission. See West Virginia Code 20-1-2
• Commission: means the Legislative Oversight Commission on Transportation Accountability, as created in section three of this article. See West Virginia Code 4-14-2
• Department: means the Department of Transportation. See West Virginia Code 4-14-2
• Director: means the Director of the Division of Natural Resources. See West Virginia Code 20-1-2
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any infectious medical waste into or on any land or water so that such waste, or any constituent thereof, may be emitted into the air, discharged into any waters, including groundwater, or otherwise enter into the environment. See West Virginia Code 20-5J-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• 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.
• Generator: means any person, by site location, whose act or process produces medical waste. See West Virginia Code 20-5J-3
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Infectious medical waste: means medical waste identified as capable of producing an infectious disease. See West Virginia Code 20-5J-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Medical waste: means infectious and noninfectious solid waste generated in the course of the diagnosis, treatment or immunization of human beings or animals, or in research pertaining thereto, or in the production or testing of biologicals. See West Virginia Code 20-5J-3
• Noninfectious medical waste: means any medical waste not capable of producing an infectious disease or infectious medical waste which has been rendered noninfectious. See West Virginia Code 20-5J-3
• Off-site: means a facility or area for the collection, storage, transfer, processing, treatment or disposal of infectious medical waste that is not on the generator'. See West Virginia Code 20-5J-3
• On-site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing, as opposed to going along, the right-of-way. See West Virginia Code 20-5J-3
• Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Secretary: means the secretary of the Department of Health and Human Resources or his or her designee. See West Virginia Code 20-5J-3
• Storage: means the containment of infectious medical waste on a temporary basis. See West Virginia Code 20-5J-3
• Subpoena: A command to a witness to appear and give testimony.
• Subtitle C: means Subtitle C of the federal Resource Conservation and Recovery Act of 1976, 90 Stat. See West Virginia Code 20-5J-3
• Take: means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. See West Virginia Code 20-1-2
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Treatment: means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any infectious medical waste so as to render such waste noninfectious. See West Virginia Code 20-5J-3