45 CFR 672.2 – Definitions
(a) Throughout these rules, words in the singular also include the plural, and words in the masculine gender also include the feminine, and vice versa.
Terms Used In 45 CFR 672.2
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
- 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.
- 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.
- 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.
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
(b) Act means the particular statute authorizing the initiation of the proceeding.
(c) Administrative Law Judge means an Administrative Law Judge appointed under 5 U.S.C. § 3105 (see also Pub. L. 95-251, 92 Stat. 183).
(d) Complainant means any person authorized to issue a complaint on behalf of the Agency to persons alleged to be in violation of the Act. The complainant shall not be the Presiding Officer or any other person who will participate or advise in the decision.
(e) Complaint means a written communication, alleging one or more violations of specific provisions of the Act, Treaties, NSF regulations or a permit promulgated thereunder, issued by the complainant to a person under this subpart.
(f) Consent Agreement means any written document, signed by the parties, containing stipulations or conclusions of fact or law, and a proposed penalty, revocation or suspension of a permit, or other sanction.
(g) Director means the Director of the National Science Foundation (NSF) or his delegatee.
(h) Final Order means (1) an order issued by the Director after an appeal of an initial decision, accelerated decision, a decision to dismiss, or default order, or (2) an initial decision which becomes a final order.
(i) Foundation, Agency, or NSF means the National Science Foundation.
(j) Hearing means a hearing on the record open to the public and conducted under these rules.
(k) Hearing Clerk is the person with whom all pleadings, motions, and other documents required under this subpart are filed.
(l) Initial Decision means the decision issued by the Presiding Officer based upon the official record of the proceedings.
(m) Party means any person that participates in a hearing as complainant, respondent, or intervenor.
(n) Permit means a permit issued under section 5 of the Antarctic Conservation Act of 1978, 16 U.S.C. § 2404.
(o) Person includes any individual, partnership, association, corporation, and any trustee, assignee, receiver or legal successor thereof; any organized group of persons whether incorporated or not; and any officer, employee, agent, department, agency or instrumentality of the Federal Government. of any State or local unit of government, or of any foreign government.
(p) Presiding Officer means the attorney designated by the Director to conduct hearings or other proceedings under this subpart.
(q) Respondent means any person proceeded against in the complaint.
(r) Terms defined in the Act and not defined in these rules of practice are used consistent with the meanings given in the Act.