Terms Used In Minnesota Statutes > Chapter 103D - Watershed Districts

• abode: means domicile;

  (2) "action" means any proceeding in any court of this state;

  (3) "adult" means an individual 18 years of age or over;

  (4) "as now provided by law" means a reference to the laws in force at the time the law containing the phrase was finally enacted;

  (5) "as provided by law" means a reference to the laws in force at the particular time the law containing the phrase is applied;

  (6) "attorney at law" means an individual admitted to practice law by a court of record of this state;

  (7) "attorney of record" means an attorney at law who is entered on the docket or record of a court as appearing for or representing a party in a legal proceeding;

  (8) "child" or "children" includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Absent parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 256J.08
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Agency error: means an error that results in an overpayment or underpayment to an assistance unit and is not caused by an applicant's or participant's failure to provide adequate, correct, or timely information about income, property, household composition, or other circumstances. See Minnesota Statutes 256J.08
• analog: means a substance, the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II:

  (1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or

  (2) with respect to a particular person, if the person represents or intends that the substance have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II. See Minnesota Statutes 152.01

• Appeal: means a written statement from an applicant or participant who requests a hearing under section 256J. See Minnesota Statutes 256J.08
• Applicant: means a person who has submitted to a county agency an application and whose application has not been acted upon, denied, or voluntarily withdrawn. See Minnesota Statutes 256J.08
• Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 256J.08
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Artificially derived cannabinoid: has the meaning given in section 342. See Minnesota Statutes 152.01
• Authorized representative: means a person who is authorized, in writing, by an applicant or participant to act on the applicant's or participant's behalf in matters involving the application for assistance or participation in MFIP. See Minnesota Statutes 256J.08
• 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.
• Balanced budget: A budget in which receipts equal outlays.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basic needs: means the minimum personal requirements of subsistence and is restricted to food, clothing, shelter, utilities, and other items for which the loss, or lack of basic needs, is determined by the county agency to pose a direct, immediate threat to the physical health or safety of the applicant or participant. See Minnesota Statutes 256J.08
• Bequest: Property gifted by will.
• Budget month: means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month. See Minnesota Statutes 256J.08
• Cannabis concentrate: has the meaning given in section 342. See Minnesota Statutes 152.01
• Cannabis flower: has the meaning given in section 342. See Minnesota Statutes 152.01
• Cannabis plant: has the meaning given in section 342. See Minnesota Statutes 152.01
• Cannabis product: has the meaning given in section 342. See Minnesota Statutes 152.01
• Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
• Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
• Chambers: A judge's office.
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Cocaine: means coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and ecgonine, and the salts of their isomers and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of those substances, except decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. See Minnesota Statutes 152.01
• Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
• Commissioner of education-selected high school equivalency: means the high school equivalency certification issued by the commissioner of education as an equivalent to a secondary school diploma under section 124D. See Minnesota Statutes 256J.08
• Continuance: Putting off of a hearing ot trial until a later time.
• Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V of section 152. See Minnesota Statutes 152.01
• Countable income: means earned and unearned income that is described in section 256P. See Minnesota Statutes 256J.08
• Counted earnings: means the earned income that remains after applicable disregards under section 256J. See Minnesota Statutes 256J.08
• County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
• County board: means a board of commissioners, a local services agency as defined in chapter 393, a board established under the Joint Powers Act, section 471. See Minnesota Statutes 256J.08
• County of financial responsibility: means the county that has financial responsibility for providing public assistance as specified in chapter 256G. See Minnesota Statutes 256J.08
• custodian: means any Indian person who has legal custody of an Indian child under tribal law or custom, under state law, or to whom temporary physical care, custody, and control has been transferred by the parent of the child, as provided in section 260. See Minnesota Statutes 256J.08
• Date of application: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Deem: means to treat all or part of the income of an individual who is not in the assistance unit, but who is financially responsible for members of the assistance unit, as if it were income available to the assistance unit. See Minnesota Statutes 256J.08
• Department: means the Minnesota Department of Human Services. See Minnesota Statutes 256J.08
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disqualified: means being ineligible to receive MFIP due to noncooperation with program requirements. See Minnesota Statutes 256J.08
• Documentation: means a written statement or record that substantiates or validates an assertion made by a person or an action taken by a person, agency, or entity. See Minnesota Statutes 256J.08
• Donor: The person who makes a gift.
• drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either humans or other animals. See Minnesota Statutes 152.01
• drug paraphernalia: means all equipment, products, and materials of any kind, except those items used in conjunction with permitted uses of controlled substances under this chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, or (3) enhancing the effect of a controlled substance. See Minnesota Statutes 152.01
• Drug treatment facility: means any facility in which a residential rehabilitation program licensed under chapter 245G or Minnesota Rules, parts Minnesota Statutes 152.01
• DWP: has the meaning given in section 256J. See Minnesota Statutes 256J.08
• Earned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Employable: means a person is capable of performing existing positions in the local labor market, regardless of the current availability of openings for those positions. See Minnesota Statutes 256J.08
• 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.
• estimated market value: has the meaning given in section 273. See Minnesota Statutes 645.44
• Fair market value: means the price that an item of a particular make, model, size, material, or condition would sell for on the open market in the particular geographic area. See Minnesota Statutes 256J.08
• Family: includes :

  (1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and

  (2) a pregnant woman with no other children. See Minnesota Statutes 256J.08

• family or household member: means :

  (1) spouses and former spouses;

  (2) parents and children;

  (3) persons related by blood;

  (4) persons who are residing together or who have resided together in the past;

  (5) persons who have a child in common regardless of whether they have been married or have lived together at any time;

  (6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at anytime; and

  (7) persons involved in a current or past significant romantic or sexual relationship. See Minnesota Statutes 256J.08

• Family violence: means the following, if committed against a family or household member by a family or household member:

  (1) physical harm, bodily injury, or assault;

  (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

  (3) terroristic threats, within the meaning of section 609. See Minnesota Statutes 256J.08

• Family violence waiver: means a waiver of the 60-month time limit for victims of family violence who meet the criteria in section 256J. See Minnesota Statutes 256J.08
• Family wage level: means 110 percent of the transitional standard as specified in section 256J. See Minnesota Statutes 256J.08
• fentanyl: includes fentanyl, carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152. See Minnesota Statutes 152.01
• FICA: means the federal law under United States Code, title 26, subtitle C, chapter 21, subchapter A, sections 3101 to 3126, that requires withholding or direct payment from earned income. See Minnesota Statutes 256J.08
• Financial case record: means an assistance unit's financial eligibility file. See Minnesota Statutes 256J.08
• Fraud: Intentional deception resulting in injury to another.
• Full-time student: means a person who is enrolled in a graded or ungraded primary, intermediate, secondary, commissioner of education-selected high school equivalency preparatory, trade, technical, vocational, or postsecondary school, and who meets the school's standard for full-time attendance. See Minnesota Statutes 256J.08
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Gross earned income: means earned income from employment before mandatory and voluntary payroll deductions. See Minnesota Statutes 256J.08
• Half-time student: means a person who is enrolled in a graded or ungraded primary, intermediate, secondary, commissioner of education-selected high school equivalency preparatory, trade, technical, vocational, or postsecondary school, and who meets the school's standard of half-time attendance. See Minnesota Statutes 256J.08
• Hallucinogen: means any hallucinogen listed in section 152. See Minnesota Statutes 152.01
• hearing: means the evidentiary hearing conducted by the department human services judge to resolve disputes as specified in section 256J. See Minnesota Statutes 256J.08
• Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
• Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
• Homestead: means the home that is owned by, and is the usual residence of, the assistance unit together with the surrounding property which is not separated from the home by intervening property owned by others. See Minnesota Statutes 256J.08
• Household: means a group of persons who live together. See Minnesota Statutes 256J.08
• Immediate precursor: means a substance which the state Board of Pharmacy has found to be and by rule designates as being the principal compound commonly used or produced for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture. See Minnesota Statutes 152.01
• Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 256J.08
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Initial eligibility: means the determination of eligibility for an MFIP applicant. See Minnesota Statutes 256J.08
• Inquiry: means a communication to a county agency through mail, telephone, or in person, by which a person or authorized representative requests information about public assistance. See Minnesota Statutes 256J.08
• Legacy: A gift of property made by will.
• Legal custodian: means any person who is under a legal obligation to provide care for a minor and who is in fact providing care for a minor. See Minnesota Statutes 256J.08
• Legally available: means a person's right under the law to secure, possess, dispose of, or control income or property. See Minnesota Statutes 256J.08
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• LIHEAP: means the program authorized under United States Code, title 42, chapter 94, subchapter II, sections 8621 to 8629, and administered by the Minnesota Department of Commerce. See Minnesota Statutes 256J.08
• Lump sum: means nonrecurring income as described in section 256P. See Minnesota Statutes 256J.08
• Marijuana: means :

  (1) cannabis plants;

  (2) cannabis flower;

  (3) cannabis concentrate;

  (4) cannabis products;

  (5) cannabis seed; or

  (6) a mixture containing any tetrahydrocannabinol or artificially derived cannabinoid in a concentration that exceeds 0. See Minnesota Statutes 152.01

• Medical assistance: means the program established under chapter 256B and Title XIX of the Social Security Act. See Minnesota Statutes 256J.08
• MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
• MFIP assistance unit: means a group of mandatory or optional people receiving or applying for MFIP benefits together. See Minnesota Statutes 256J.08
• MFIP household report form: means a form prescribed by the commissioner that a participant uses to report information to a county agency about changes in income and other circumstances. See Minnesota Statutes 256J.08
• Migrant worker: means a person who travels away from home on a regular basis, usually with a group of other laborers, to seek employment in an agriculturally related activity. See Minnesota Statutes 256J.08
• Minor caregiver: means a person who:

  (1) is under the age of 18;

  (2) has never been married or otherwise legally emancipated; and

  (3) is either the natural parent of a minor child living in the same household or is eligible for assistance paid to a pregnant woman. See Minnesota Statutes 256J.08

• Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
• Mixture: means a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity except as provided in subdivision 16; sections 152. See Minnesota Statutes 152.01
• Monthly income test: means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J. See Minnesota Statutes 256J.08
• MSA: means the program established under sections 256D. See Minnesota Statutes 256J.08
• narcotic drug: as used in this chapter shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. See Minnesota Statutes 152.01
• 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.
• Noncustodial parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 256J.08
• Nonrecurring income: means a form of income which is received:

  (1) only one time or is not of a continuous nature; or

  (2) in a prospective payment month but is no longer received in the corresponding retrospective payment month. See Minnesota Statutes 256J.08

• Opiate: means any dangerous substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having such addiction forming or addiction sustaining liability. See Minnesota Statutes 152.01
• Opium poppy: means the plant of the species Papaver somniferum L. See Minnesota Statutes 152.01
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Orphan drug: means a drug for a disease or condition which is rare in the United States and has been designated as an orphan drug by the Secretary of Health and Human Services as provided in the Orphan Drug Act, Public Law 92-414, as amended. See Minnesota Statutes 152.01
• Overpayment: means the portion of an assistance payment issued by the county agency that is greater than the amount for which the assistance unit is eligible. See Minnesota Statutes 256J.08
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
• Park zone: includes the area within 300 feet or one city block, whichever distance is greater, of the park boundary. See Minnesota Statutes 152.01
• Participant: includes any of the following:

  (1) a person who is currently receiving cash assistance or the food portion available through MFIP;

  (2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;

  (3) the caregiver relative and the minor child whose needs are included in the assistance payment;

  (4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP; and

  (5) a person who receives cash payments under family stabilization services under section 256J. See Minnesota Statutes 256J.08

• Participation requirements of TANF: means activities and hourly requirements allowed under title IV-A of the federal Social Security Act. See Minnesota Statutes 256J.08
• Payee: means a person to whom an assistance payment is made payable. See Minnesota Statutes 256J.08
• Payment month: means the calendar month for which the assistance payment is paid. See Minnesota Statutes 256J.08
• Person: includes every individual, copartnership, corporation or association of one or more individuals. See Minnesota Statutes 152.01
• Person trained in domestic violence: means an individual who works for an organization that is designated by the Minnesota Center for Crime Victims Services as providing services to victims of domestic violence, or a county staff person who has received similar specialized training, and includes any other person or organization designated by a qualifying organization under this section. See Minnesota Statutes 256J.08
• Personal property: means an item of value that is not real property, including the value of a contract for deed held by a seller, assets held in trust on behalf of members of an assistance unit, value of a prepaid burial, savings account, value of stocks and bonds, and value of retirement accounts. See Minnesota Statutes 256J.08
• 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.
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Minnesota Statutes 152.01
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probable fraud: means the level of evidence that, if proven as fact, would establish that assistance has been wrongfully obtained. See Minnesota Statutes 256J.08
• 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 officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective budgeting: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Protective payee: means a person other than the caregiver of an assistance unit who receives the monthly assistance payment on behalf of an assistance unit and is responsible to provide for the basic needs of the assistance unit to the extent of that payment. See Minnesota Statutes 256J.08
• Public housing zone: means any public housing project or development administered by a local housing agency, plus the area within 300 feet of the property's boundary, or one city block, whichever distance is greater. See Minnesota Statutes 152.01
• Public member: means a person who is not, or never was, a member of the profession or occupation being licensed or regulated or the spouse of any such person, or a person who does not have or has never had, a material financial interest in either the providing of the professional service being licensed or regulated, or an activity directly related to the profession or occupation being licensed or regulated. See Minnesota Statutes 645.44
• Public waters: means public waters as defined in section 103G. See Minnesota Statutes 645.44
• Qualified noncitizen: means a person:

  (1) who was lawfully admitted for permanent residence according to United States Code, title 8;

  (2) who was admitted to the United States as a refugee according to United States Code, title 8; section 1157;

  (3) whose deportation is being withheld according to United States Code, title 8, sections 1231(b)(3), 1253(h), and 1641(b)(5);

  (4) who was paroled for a period of at least one year according to United States Code, title 8, § 1182(d)(5);

  (5) who was granted conditional entry according to United States Code, title 8, § 1153(a)(7);

  (6) who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980, United States Code, title 8, § 1641(b)(7);

  (7) who was granted asylum according to United States Code, title 8, § 1158;

  (8) who is a battered noncitizen according to United States Code, title 8, § 1641(c); or

  (9) who is a parent or child of a battered noncitizen according to United States Code, title 8, § 1641(c). See Minnesota Statutes 256J.08

• Qualified professional: means an individual as defined in section 256P. See Minnesota Statutes 256J.08
• Real property: means land and all buildings, structures, and improvements, or other fixtures on the land, belonging or appertaining to the land, and all mines, minerals, fossils, and trees on or under the land. See Minnesota Statutes 256J.08
• Reasonable compensation: means the value received in exchange for property transferred to another owner that is consistent with fair market value and equals or exceeds the seller's equity in the property, reduced by costs incurred in the sale. See Minnesota Statutes 256J.08
• Recertification: means the periodic review of eligibility factors to determine an assistance unit's continued eligibility. See Minnesota Statutes 256J.08
• Recoupment: means the action of the county agency to reduce a family's monthly assistance payment to recover overpayments caused by client or agency error and overpayments received while an appeal is pending. See Minnesota Statutes 256J.08
• Recovery: means actions taken by a county agency to reclaim the value of overpayments through voluntary repayment, recoupment from the assistance payment, court action, revenue recapture, or federal tax refund offset program (FTROP). See Minnesota Statutes 256J.08
• Recurring income: means a form of income which is:

  (1) received periodically, and may be received irregularly when receipt can be anticipated even though the date of receipt cannot be predicted; and

  (2) from the same source or of the same type that is received and budgeted in a prospective month. See Minnesota Statutes 256J.08

• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retrospective budgeting: means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month. See Minnesota Statutes 256J.08
• Sanction: means the reduction of a family's assistance payment by a specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with the requirements of sections 256J. See Minnesota Statutes 256J.08
• School zone: means :

  (1) any property owned, leased, or controlled by a school district or an organization operating a nonpublic school, as defined in section 123B. See Minnesota Statutes 152.01

• seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
• Sell: means :

  (1) to sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or

  (2) to offer or agree to perform an act listed in clause (1); or

  (3) to possess with intent to perform an act listed in clause (1). See Minnesota Statutes 152.01

• Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
• Severe forms of trafficking in persons: means : (1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform the act has not attained 18 years of age; or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery. See Minnesota Statutes 256J.08
• Shelter costs: means rent, manufactured home lot rental costs, or monthly principal, interest, insurance premiums, and property taxes due for mortgages or contracts for deed. See Minnesota Statutes 256J.08
• Significant change: means a decline in gross income of the amount of the disregard as defined in section 256P. See Minnesota Statutes 256J.08
• SSI: means the program authorized under title XVI of the Social Security Act. See Minnesota Statutes 256J.08
• SSI recipient: means a person who receives at least $1 in SSI benefits, or who is not receiving an SSI benefit due to recoupment or a one-month suspension by the Social Security Administration due to excess income. See Minnesota Statutes 256J.08
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• subsequent controlled substance conviction: means that before commission of the offense for which the person is convicted under this chapter, the person was convicted of a violation of section 152. See Minnesota Statutes 152.01
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• 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.
• Transitional standard: means the basic standard for a family without earned income and is a combination of the cash portion and food portion as specified in section 256J. See Minnesota Statutes 256J.08
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unearned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Unemployment benefits: means the insurance benefit paid to an unemployed worker under sections 268. See Minnesota Statutes 256J.08
• Unlawfully: means selling or possessing a controlled substance in a manner not authorized by law. See Minnesota Statutes 152.01
• Unrelated member: means an individual in the household who does not meet the definition of an eligible caregiver. See Minnesota Statutes 256J.08
• Vendor: means a provider of goods or services. See Minnesota Statutes 256J.08
• Vendor payment: means a payment authorized by a county agency to a vendor. See Minnesota Statutes 256J.08
• Verdict: The decision of a petit jury or a judge.
• Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 256J.08
• Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 645.44
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.