Terms Used In Tennessee Code > Title 36 > Chapter 6 - Child Custody and Visitation

• Abandoned: means left without provision for reasonable and necessary care or supervision. See Tennessee Code 36-6-205
• Acquisition agent: means a person who by means of personal inducement, solicitation, or otherwise attempts directly to encourage any person to attend a sales presentation for a time-share program. See Tennessee Code 62-13-102
• Adverse facts: means conditions or occurrences generally recognized by competent licensees that have negative impact on the value of the real estate, significantly reduce the structural integrity of improvements to real property or present a significant health risk to occupants of the property. See Tennessee Code 62-13-102
• Aesthetics: means any of the following practices:
  (A) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work with hands or mechanical or electrical apparatus or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams. See Tennessee Code 62-4-102
• 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
• Affiliate broker: means any person engaged under contract by or on behalf of a licensed broker to participate in any activity included in subdivision (4). See Tennessee Code 62-13-102
• Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
• Agency contract: means a valid written contract authorizing a real estate licensee to act as a party's exclusive agent for the purchase, sale or lease of real estate. See Tennessee Code 62-13-601
• Agency relationship: means the relationship resulting from an agency contract. See Tennessee Code 62-13-601
• Agent: means any officer, director, owner, employee, contractor or any other person authorized to act on behalf of a residential roofing services provider. See Tennessee Code 62-6-601
• Alkaline hydrolysis chamber: means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains. See Tennessee Code 62-5-801
• Allegation: something that someone says happened.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• apprentice: means a person who is engaged in learning to practice as a funeral director or embalmer, as the case may be, under the personal supervision and instruction of a duly licensed funeral director or embalmer of this state under this chapter. See Tennessee Code 62-5-101
• 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
• Authorizing agent or agents: means a person or persons legally entitled to authorize the cremation of a dead human body or body parts. See Tennessee Code 62-5-101
• Auxiliary intake: means any piping connection or other device whereby water may be secured from a source other than that normally used. See Tennessee Code 68-221-101
• 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 state board for licensing contractors pursuant to §. See Tennessee Code 62-6-402
• Board: means the board of funeral directors and embalmers. See Tennessee Code 62-5-101
• Board: means the state board for licensing contractors. See Tennessee Code 62-6-501
• Board: means the state board for licensing contractors created pursuant to §. See Tennessee Code 62-6-102
• Board: means the state board of examiners for land surveyors, provided for by this part. See Tennessee Code 62-18-102
• Board: means the state board of cosmetology and barber examiners created by §. See Tennessee Code 62-4-102
• Body parts: means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment or surgery. See Tennessee Code 62-5-501
• Broker: means any person who, for a fee, commission, finders fee or any other valuable consideration or with the intent or expectation of receiving a fee, commission, finders fee or any other valuable consideration from another, solicits, negotiates or attempts to solicit or negotiate the listing, sale, purchase, exchange, lease or option to buy, sell, rent or exchange for any real estate or of the improvements on the real estate or any time-share interval as defined in the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, collects rents or attempts to collect rents, auctions or offers to auction or who advertises or holds out as engaged in any of the foregoing. See Tennessee Code 62-13-102
• By-pass: means any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant. See Tennessee Code 68-221-101
• Casket: means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal or another rigid material, is ornamented and lined with fabric and may or may not be combustible. See Tennessee Code 62-5-501
• Casket: means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal, or another rigid material. See Tennessee Code 62-5-801
• Chambers: A judge's office.
• Child: means an individual who has not attained eighteen (18) years of age. See Tennessee Code 36-6-205
• Child custody determination: includes a permanent, temporary, initial, and modification order. See Tennessee Code 36-6-205
• Child custody proceeding: includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. See Tennessee Code 36-6-205
• Classification: means the use and application of the current United States department of agriculture (USDA) soil taxonomy standard as revised, classifying soils to the order, suborder, great group, subgroup, family, series, or phase of series level. See Tennessee Code 62-18-203
• Client: means any person who hires or seeks to hire a home inspector to obtain a home inspection or home inspection report. See Tennessee Code 62-6-302
• Client: means a party to a transaction with whom the broker has entered into a specific written agency agreement to provide services. See Tennessee Code 62-13-102
• Commencement: means the filing of the first pleading in a proceeding. See Tennessee Code 36-6-205
• Commercial laundry: means any place where laundry work is done for more than ten (10) persons belonging to different families, whether the laundry is operated by hand or power, except hotels in which laundries are maintained for doing the laundry work of guests of the hotel only. See Tennessee Code 62-10-101
• Commercial real estate: means any real estate other than:
  (i) Real estate containing one (1) to four (4) residential units. See Tennessee Code 62-13-501
• Commission: means the Tennessee auctioneer commission. See Tennessee Code 62-19-101
• Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-5-403
• Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-6-302
• Commissioner: means the commissioner of commerce and insurance, or the commissioner's designee. See Tennessee Code 62-18-203
• Commissioner: means the commissioner of commerce and insurance or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner. See Tennessee Code 62-9-101
• Commissioner: means the commissioner of environment and conservation or the commissioner's authorized agent. See Tennessee Code 68-221-101
• Continuing education: means six (6) hours each renewal period. See Tennessee Code 62-19-101
• Contract: means a contract in this state between a person and a residential roofing services provider for the provision of goods or services related to the repair or replacement of a roof system the costs of which the residential roofing services provider represents are to be paid, or are likely to be paid, in whole or in part, from the proceeds of a property and casualty insurance policy. See Tennessee Code 62-6-601
• Contracting: means any person or entity that performs or causes to be performed any of the activities defined in subdivision (4)(A) or (7). See Tennessee Code 62-6-102
• Contractor: includes , but is not limited to, a prime contractor, electrical contractor, electrical subcontractor, mechanical contractor, mechanical subcontractor, plumbing contractor and plumbing subcontractor, masonry contractor, and roofing subcontractor where the total cost of the roofing portion of the construction project is twenty-five thousand dollars ($25,000) or more. See Tennessee Code 62-6-102
• Cosmetology: means any of the following practices:
  (A) Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring or similar work on the hair of any person by any means. See Tennessee Code 62-4-102
• Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Tennessee Code 36-6-205
• Cremation: means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation. See Tennessee Code 62-5-101
• Crematory: includes crematorium. See Tennessee Code 62-5-101
• Cross connection: means any physical connection whereby a potable water supply system is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such manner that a flow of water into the potable water supply is possible, either through the manipulation of valves or because of ineffective check or back pressure valves. See Tennessee Code 68-221-101
• Customer: means any party, other than a client in a transaction, for whom or to whom a licensee provides services. See Tennessee Code 62-13-102
• Decedent: A deceased person.
• Department: means the department of commerce and insurance. See Tennessee Code 62-5-403
• Department: means the department of commerce and insurance. See Tennessee Code 62-18-203
• Department: means the department of commerce and insurance. See Tennessee Code 62-9-101
• Department: means the department of environment and conservation through its executive officer, the commissioner of environment and conservation, or the commissioner's legally designated representative. See Tennessee Code 68-221-101
• 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.
• Designated agent: refers to a licensee who has been chosen by the licensee's managing broker to serve as the agent of an actual or prospective party to a transaction, to the exclusion of other licensees employed by or affiliated with the broker. See Tennessee Code 62-13-102
• Designated manager: means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer, and who serves in a supervisory or managerial capacity of the shop in the absence of the manager. See Tennessee Code 62-4-102
• Disposition directions: means a legible written instrument signed by the decedent and acknowledged by a notary or witnessed by two (2) persons who are qualified adults. See Tennessee Code 62-5-701
• Dispute resolution: means the mediation process or alternative dispute resolution process in accordance with Tennessee Supreme Court Rule 31 unless the parties agree otherwise. See Tennessee Code 36-6-402
• Dual agency: refers to a situation in which the licensee has agreements to provide services as an agent to more than one (1) party in a specific transaction and in which the interests of the parties are adverse. See Tennessee Code 62-13-102
• Dual shop: means any shop licensed by the board where services are performed or offered to be performed in more than one (1) field of cosmetology, including aesthetics, natural hair styling, manicuring, and eyelash services, or in both cosmetology, or a field of cosmetology, and barbering. See Tennessee Code 62-4-102
• Embalming: means the preservation and disinfection, restoration or attempted preservation or disinfection of dead human bodies by the application of chemicals externally or internally, or both. See Tennessee Code 62-5-101
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency repairs: means goods or services provided for the purpose of making urgent and necessary repairs to the roof system of residential real estate if, without such repairs, damage to the residential real estate would occur. See Tennessee Code 62-6-601
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Eyelash services: means applying and removing a semi-permanent, thread-like, natural or synthetic single fiber to an eyelash, including cleansing of the eye area and lashes prior to applying and after removing extensions. See Tennessee Code 62-4-102
• Facilitator: means any licensee:
  (A) Who assists one (1) or more parties to a transaction who has not entered into a specific written agency agreement representing one (1) or more of the parties. See Tennessee Code 62-13-102
• Fixtures: includes , but is not limited to, toilets, sinks, tubs, whirlpool tubs, hot tubs and any faucets or water supply lines used in conjunction with the fixtures. See Tennessee Code 62-6-402
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Funeral directing: means the:
  (i) Practice of directing or supervising funerals or the practice of preparing dead human bodies for burial by any means, other than by embalming, or the disposition of dead human bodies. See Tennessee Code 62-5-101
• Funeral establishment: means any business, whether a proprietorship, partnership, firm, association or corporation, engaged in arranging, directing or supervising funerals for profit or other benefit, the preparing of dead human bodies for burial, the disposition of dead human bodies, the provision or maintenance of place for the preparation for disposition, or for the care or disposition of human bodies. See Tennessee Code 62-5-101
• General maintenance work: means installing home appliances and making minor repairs to home appliances and kitchen and bathroom fixtures where the labor cost related to the installation or minor repairs does not exceed five hundred dollars ($500). See Tennessee Code 62-6-402
• 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
• grandparent: includes , but is not limited to:
  (1) A biological grandparent. See Tennessee Code 36-6-306
• Guaranteed pre-need funeral contract: means the pre-need seller, where the contract has been funded in accordance with its terms, shall furnish at the time of death of the contract beneficiary, at no additional charge to the next of kin, the estate of the deceased, or other individual or entity responsible for the funeral, the merchandise and services selected, or the equivalent if the specific merchandise is not readily available, in the pre-need funeral contract. See Tennessee Code 62-5-403
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Hair braiding: means techniques that result in tension on hair strands, such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, by hand or mechanical appliances for compensation, without cutting, coloring, relaxing, removing, chemically treating, or using other preparations to straighten, curl, or alter the structure of the hair. See Tennessee Code 62-4-102
• Hair wrapping: means the wrapping of manufactured materials around a strand or strands of human hair for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions or performing any other service otherwise covered by this chapter. See Tennessee Code 62-4-102
• Home appliances: means any appliance using water or connected to a water line, including, but not limited to, water heaters, dishwashers, garbage disposals, washers, icemakers and other similar appliances. See Tennessee Code 62-6-402
• home improvement: includes the installation of central heating or air conditioning systems, storm windows or awnings. See Tennessee Code 62-6-501
• Home improvement contract: means an agreement between a contractor and an owner for the performance of home improvement, and includes all labor, services and materials to be furnished and performed under the agreement. See Tennessee Code 62-6-501
• Home improvement contractor: means any person, other than a bona fide employee of the owner, who undertakes or offers to undertake or agrees to perform any home improvement for the owner, whether or not the person is licensed or subject to the licensing requirements of this chapter. See Tennessee Code 62-6-501
• Home inspection: means a visual analysis for the purpose of providing a professional opinion of the condition of a residential building, ancillary buildings, any reasonably accessible installed components and the operation of the building's systems, including any controls normally operated by the owner of the building, for the following components:
  (i) Heating systems. See Tennessee Code 62-6-302
• Home inspection report: means a legibly written document prepared for compensation and issued after a home inspection. See Tennessee Code 62-6-302
• Home inspector: means any person who is licensed under this part as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. See Tennessee Code 62-6-302
• Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. See Tennessee Code 36-6-205
• 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.
• Initial determination: means the first child custody determination concerning a particular child. See Tennessee Code 36-6-205
• Instructor trainee: means any person who holds a valid cosmetologist's, manicurist's, aesthetician's or natural hair stylist's license issued by the board who is engaged in a board-approved course in instructor training of at least three hundred (300) hours to be completed within a period of six (6) months, which course includes practice teaching in a school under the personal supervision of a licensed instructor. See Tennessee Code 62-4-102
• Insurance company: means any corporation, limited liability company, association, partnership, society, order, individual or aggregation of individuals engaging in or proposing or attempting to engage as principals in any kind of insurance business, including the exchanging of reciprocal contracts between individuals, partnerships, and corporations. See Tennessee Code 62-5-403
• Interconnection: means any system of piping or other arrangement whereby a potable water supply is connected directly with a sewer, drain, conduit or other device which does or may carry sewage or other liquid or waste which would be capable of imparting contamination to the potable water supply. See Tennessee Code 68-221-101
• Issuing court: means the court that makes a child custody determination for which enforcement is sought under this part. See Tennessee Code 36-6-205
• Junior instructor: means any person who holds a valid cosmetologist's, manicurist's, aesthetician's or natural hair stylist's license issued by the board who is engaged in a course of training in practice teaching in a school under the personal supervision of a licensed instructor for a period of time not to exceed three (3) years. See Tennessee Code 62-4-102
• Land surveyor: means a person who is engaged in the practice of land surveying. See Tennessee Code 62-18-102
• Laundry plant: means any place where commercial laundry is done. See Tennessee Code 62-10-101
• Laundry wagon: means any vehicle in which laundry is collected or delivered to or by a commercial laundry. See Tennessee Code 62-10-101
• 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.
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• License: means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to §. See Tennessee Code 36-6-501
• Licensed masonry contractor: means a contractor who builds structures from individual units of brick, stone, or concrete and glass block laid in and bound together by mortar, where the total cost of the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000), materials and labor, and who is required to obtain a license as a licensed masonry contractor by the board. See Tennessee Code 62-6-102
• Licensed professional soil scientist: means a person who is licensed as a soil scientist under this part. See Tennessee Code 62-18-203
• Licensee: means an embalmer or funeral director who holds a license issued by the board. See Tennessee Code 62-5-101
• Licensee: means a person licensed to engage in the home improvement business under this part. See Tennessee Code 62-6-501
• Licensee: means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish. See Tennessee Code 36-6-501
• Licensing authority: means the board, commission, or agency, excluding the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. See Tennessee Code 36-6-501
• Licensing period: means the period of time that a funeral director's or embalmer's license is in effect in this state. See Tennessee Code 62-5-101
• Limited licensed electrician: means any person or entity that performs any electrical work that has a total cost of less than twenty-five thousand dollars ($25,000) and that is required to be registered under §. See Tennessee Code 62-6-102
• Limited licensed plumber: means any person who performs any plumbing work that has a total cost of less than twenty-five thousand dollars ($25,000) and who is required to be registered under this part. See Tennessee Code 62-6-402
• 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
• Manager: means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer, who serves in a supervisory or managerial capacity in the shop, and whose information is filed with the board. See Tennessee Code 62-4-102
• Manicuring: means manicuring or pedicuring the nails of any person or performing nail artistry. See Tennessee Code 62-4-102
• Material: means any statement, representation or fact relative to a transaction that would affect a reasonable person's decision to enter into an agreement and that has been identified by the person as being of significance to a particular party. See Tennessee Code 62-13-102
• Mobile shop: means any self-contained, self-supporting, enclosed motor vehicle that may be used as a barber shop, cosmetology shop, dual shop, manicure shop, skin care shop, eyelash services shop, or other category of shop licensed by the board. See Tennessee Code 62-4-102
• Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Tennessee Code 36-6-205
• 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}
• Natural hair styling: means techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical appliances, which work does not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of the hair. See Tennessee Code 62-4-102
• Natural hair stylist: means a person licensed to practice natural hair styling. See Tennessee Code 62-4-102
• normal architectural and engineering services: means :
  (i) The preparation of bids, proposals, plans, specifications or other contract documents or the evaluation of contractors, subcontractors or suppliers. See Tennessee Code 62-6-102
• Not in compliance with an order of visitation: means that one parent has intentionally interfered with implementation of a schedule of court-ordered visitation on two (2) or more occasions in any six-month period. See Tennessee Code 36-6-501
• Notice: means a notice specifically referencing an agreement entered into after October 1, 1997, to pay commissions in any brokerage contract or lease or memorandum of the foregoing, sworn to and executed by the broker, identifying the subject real estate by lot and block number or by a metes and bounds description and in the form of notice set out in this subdivision (3) and containing only the information provided for in the form, recorded as provided for in §. See Tennessee Code 62-13-501
• Order of visitation: means any order granting a noncustodial parent the right to visit with such parent's child on days and times determined by the court. See Tennessee Code 36-6-501
• Owner: means any homeowner, tenant or any other person who orders, contracts for or purchases the home improvement services of a contractor or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract. See Tennessee Code 62-6-501
• Owner: means the person or persons to whom the fee interest of real estate is titled and does not include a lessee or renter. See Tennessee Code 62-13-501
• Parenting responsibilities: means those aspects of the parent-child relationship in which the parent makes decisions and performs duties necessary for the care and growth of the child. See Tennessee Code 36-6-402
• Party: means any person or persons seeking to obtain or divest an interest in real estate or a business opportunity as a buyer, seller, landlord, tenant, option grantee or option grantor. See Tennessee Code 62-13-102
• Permanent parenting plan: means a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a residential schedule, as well as an award of child support consistent with chapter 5 of this title. See Tennessee Code 36-6-402
• Person: includes an individual, partnership, corporation, trust, association, owner, contractor, salesperson or any other legal entity. See Tennessee Code 62-6-501
• Person: means an individual or entity. See Tennessee Code 62-6-601
• Person: means and includes individuals, corporations, partnerships or associations, foreign and domestic. See Tennessee Code 62-13-102
• Person: means an individual, association, partnership, corporation, or any other legally cognizable organization or entity. See Tennessee Code 62-9-101
• 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, corporation, business, trust estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Tennessee Code 36-6-205
• Person: means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country. See Tennessee Code 68-221-101
• Person acting as a parent: means a person, other than a parent, who:
  (A) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding. See Tennessee Code 36-6-205
• Personal 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
• Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Tennessee Code 36-6-205
• Physical custody: means the physical care and supervision of a child. See Tennessee Code 36-6-205
• 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.
• Plumbing work: means the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or furnishing of labor to install material or equipment within any residential or commercial building of all piping, fixtures and appliances for the supply of gas, water, liquids or disposal of waste water or sewage. See Tennessee Code 62-6-402
• Political subdivision: means a city, town, municipality, county, or metropolitan government within this state. See Tennessee Code 62-5-801
• 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 land surveying: means any service of work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography, drainage, alignment and grades of streets, and for the preparation and perpetuation of maps, records, plats, field notes, records and property descriptions that represent these surveys. See Tennessee Code 62-18-102
• Practice of soil science: means providing soil science services except as specifically exempted by this part. See Tennessee Code 62-18-203
• Pre-need funeral contract: means any agreement, contract or plan requiring the payment of money in advance, whether in a lump sum or installments and whether funded by a pre-need funeral trust or prearrangement insurance policy or combination of a pre-need funeral trust and a prearrangement insurance policy, that is made or entered into with any person, association, partnership, firm or corporation for the final disposition of a dead human body, for funeral or burial services or for the furnishing of personal property or funeral or burial merchandise, wherein the use of the personal property or the funeral or burial merchandise or the furnishing of professional services by a funeral director or embalmer is not immediately required. See Tennessee Code 62-5-403
• Pre-need funeral contract beneficiary: means the person upon whose death the pre-need funeral contract will be performed. See Tennessee Code 62-5-403
• Pre-need funeral trust: means funds set aside in a trust account held by a trustee to provide for a pre-need funeral contract. See Tennessee Code 62-5-403
• Pre-need sales agent: means an individual who has applied for and has been granted, or who engages in conduct requiring, registration to sell pre-need funeral contracts on behalf of a pre-need seller pursuant to this part. See Tennessee Code 62-5-403
• Pre-need seller: means a funeral establishment or other individual, firm, partnership, company, corporation, or association that has applied for and has been granted, or that engages in conduct requiring, registration to sell pre-need funeral contracts pursuant to this part. See Tennessee Code 62-5-403
• Prearrangement insurance policy: means a life insurance policy, annuity contract, or other insurance contract, or any series of contracts or agreements in any form or manner, issued by an insurance company, that, whether by assignment or otherwise, funds a pre-need funeral contract, the insured or annuitant being the person for whose funeral service the funds were paid. See Tennessee Code 62-5-403
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• Primary residential parent: means the parent with whom the child resides more than fifty percent (50%) of the time. See Tennessee Code 36-6-402
• 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
• Processing: means the reduction of identifiable bone fragments after the completion of the alkaline hydrolysis process to unidentifiable bone fragments by manual means. See Tennessee Code 62-5-801
• 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 sewerage system: means the conduits, sewers, and all devices and appurtenances by means of which sewage is collected, pumped, treated or disposed of finally. See Tennessee Code 68-221-101
• Public water supply: means any waterworks system as defined in subdivision (12), whether privately or publicly owned, where water is furnished to any community, collection or number of individuals for a fee or charge or any other waterworks system which, on account of the people who are or may be affected by the quality of the water, is classified as a public water supply by the department. See Tennessee Code 68-221-101
• Pulverization: means the reduction of identifiable bone fragments after the completion of the alkaline hydrolysis and processing to granulated particles by manual or mechanical means. See Tennessee Code 62-5-801
• Qualified adult: means a person who is eighteen (18) years of age or older and of sound mind. See Tennessee Code 62-5-701
• Real estate: means and includes leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, situated in this state. See Tennessee Code 62-13-501
• Real estate: means and includes leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, and whether the real estate is situated in this state or elsewhere. See Tennessee Code 62-13-102
• Referral fee: means a commission or any other type of compensation for the referral of a potential buyer, seller, lessor or lessee of real estate. See Tennessee Code 62-13-601
• Residential building: means a structure that is intended to be or is in fact used as a residence consisting of from one (1) to four (4) family dwelling units. See Tennessee Code 62-6-302
• Residential contractor: means one whose services are limited to construction, remodelling, repair or improvement of one (1), two (2), three (3) or four (4) family unit residences not exceeding three (3) stories in height and accessory use structures in connection with the residences. See Tennessee Code 62-6-102
• Residential real estate: means a new or existing building constructed for habitation by one to four (1-4) families, and includes the building's garage, even if the garage is detached from such building. See Tennessee Code 62-6-601
• Resomation: means the alkaline hydrolysis process. See Tennessee Code 62-5-801
• Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Tennessee Code 36-6-205
• Right of disposition: means the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services. See Tennessee Code 62-5-701
• Roof system: means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, or insulation for residential real estate. See Tennessee Code 62-6-601
• Roofing work: means the act of removing, installing, repairing or otherwise maintaining any covering to any at- or above-grade structure for the purpose of providing weather proof protection or ornamental enhancement to such structure. See Tennessee Code 62-6-102
• School: means a school of cosmetology. See Tennessee Code 62-4-102
• Scrap metal: means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic converters or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans. See Tennessee Code 62-9-101
• Scrap metal dealer: means a person who buys, exchanges or deals in scrap metal or an employee or agent of that dealer who has the express or implied authority to buy, exchange or deal in scrap metal on behalf of the dealer. See Tennessee Code 62-9-101
• severely reduced: means reduction to no contact or token visitation as defined in §. See Tennessee Code 36-6-306
• Sewage: means all water-carried human and household wastes from residences, buildings, institutions or industrial establishments, together with such ground, surface, or storm water as may be present. See Tennessee Code 68-221-101
• Shampooing: means any brushing, combing, shampooing, rinsing or conditioning upon the hair and scalp. See Tennessee Code 62-4-102
• Shop: means a cosmetology shop, manicure shop, skin care shop, natural hair styling shop, or eyelash services shop. See Tennessee Code 62-4-102
• Soil science: means the science concerning the earth's mantle and its use by all humans including:
  (A) The classification, investigation, mapping and inventorying of soil. See Tennessee Code 62-18-203
• Soil scientist: means a person qualified by education and practical experience to engage in the practice of soil science. See Tennessee Code 62-18-203
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 36-6-205
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Student: means any person who is engaged in learning, performing or assisting in any of the practices of cosmetology under the immediate supervision of an instructor of cosmetology. See Tennessee Code 62-4-102
• Subcontractor: means any person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of the contractor's contract or who enters into a contract with any subcontractor for the performance of any part of the subcontractor's contract and who does not perform work other than as a subcontractor. See Tennessee Code 62-6-501
• Subsequent owner: means a transferee or purchaser of commercial real estate from the owner or from a previous subsequent owner, but will not include the transferee or purchaser of commercial real estate pursuant to a sale conducted pursuant to title 67, chapter 5, part 25. See Tennessee Code 62-13-501
• Temporary container: means a receptacle for cremated remains composed of cardboard, plastic, metal or another material that can be closed in a manner that prevents the leakage or spillage of the cremated remains and the entrance of foreign material and that is of sufficient size to hold the cremated remains until they are placed in an urn or scattered. See Tennessee Code 62-5-501
• Temporary container: means a receptacle for resomated remains composed of cardboard, plastic, metal, or another material that can be closed in a manner that prevents the leakage or spillage of the resomated remains and the entrance of foreign material and that is of sufficient size to hold the resomated remains until the remains are placed in an urn or scattered. See Tennessee Code 62-5-801
• Temporary parenting plan: means a plan for the temporary parenting and the best interests of the child, including the establishment of a temporary residential schedule, and the establishment of temporary financial support designed to maintain the financial status quo to the extent possible, consistent with chapter 5 of this title, and the guidelines thereunder. See Tennessee Code 36-6-402
• Testify: Answer questions in court.
• Time-share salesperson: means any person acting as a seller of any time-share interval under contract with or control of a licensed real estate broker pursuant to a registered time-share program. See Tennessee Code 62-13-102
• 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.
• Transaction: means the purchase, sale, rental or option of an interest in real estate or business opportunity. See Tennessee Code 62-13-102
• 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.
• Tribe: means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. See Tennessee Code 36-6-205
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: means a state or national bank, federally chartered savings and loan association, state chartered trust company, or, in the reasonable discretion of the commissioner upon the terms and conditions that the commissioner may require, a securities brokerage firm licensed and in good standing with appropriate state and federal regulatory authorities. See Tennessee Code 62-5-403
• 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}
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urn: means a receptacle designed to encase cremated remains permanently. See Tennessee Code 62-5-501
• Urn: means a receptacle designed to permanently encase resomated remains. See Tennessee Code 62-5-801
• Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Tennessee Code 36-6-205
• Waterworks system: means the source of supply and all structures and appurtenances used for the collection, treatment, storage and distribution of water delivered to the consumers. See Tennessee Code 68-221-101